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(s) from the date of handing over possession, save those as mentioned in clause 12.2 below, 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’ failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force. 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations; iv) If the Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter; v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his / her / their agents in the manner in which same is required to be maintained. vii) Any electrical fittings and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. 12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding. 12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement. 12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 12.1 13.1 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(s) from the date of handing over possession, save those as mentioned in clause 12.2 13.2 below, 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(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 13.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that AND FURTHER PROVIDED THAT the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(s) and / or of / and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that AND FURTHER PROVIDED THAT no steps have been / been/or taken by the Promoter of his / her / their / his/her/their/its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 13.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(sAllottee(s)(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / done/renewed by the Allottee(sAllottee(s)(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(sAllottee(s)(s) has/have been made aware and the Allottee(sAllottee(s)(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(sAllottee(s)(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 13.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 13 hereinabove.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 12.1 15.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 15.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 15.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 14 hereinabove.
Appears in 2 contracts
Sources: Sale Agreement, Agreement for Sale
DEFECT LIABILITY. 12.1 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 14.2 below, it shall be the duty of the Promoter promoter to rectify such defects without further charge, within 30 (thirty) days, days and in the event of Promoter’ ’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 12.2. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
(i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or of floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
(ii) If there are changes, modifications or alteration in electrical lines and wirings wiring after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
(iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
(iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
(v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are re normal in high rise buildings and needs to be repaired repaid from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
(vi) If the materials and fittings and fixtures provided provide by the Promoter are not being maintained by the Allottee(s) Allottee or his / his/her / their agents in the manner in which same is required to be maintained.
(vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
(viii) If the Architect certifies certificates that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained hereinabove mentioned it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state state, nature and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove13 herein.
Appears in 2 contracts
Sources: Sale Agreement, Agreement for Sale
DEFECT LIABILITY. 12.1 14.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 14.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 14.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 14 hereinabove.
Appears in 2 contracts
Sources: Agreement for Sale, Sale Agreement
DEFECT LIABILITY. 12.1 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 as per the this 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(s) Allottee from the date of handing over possessionhandover of possession of the Designated Unit or the Promoter obtaining the completion certificate, save those as mentioned in clause 12.2 belowwhichever is earlier, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in forceAct.
12.2 b. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i(a) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the ApartmentDesignated Unit, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;.
ii(b) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto has been given to the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;.
iii(c) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;.
iv(d) If the Allottee(s) Allottee after taking actual physical possession of the ApartmentDesignated Unit, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment Designated Unit by making any changes in the ApartmentDesignated Unit, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;.
v(e) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above above, the Promoter shall get it rectified at its own cost.
vi(f) If the materials and fittings and fixtures provided by the Promoter or other vendors are not being maintained by the Allottee(s) Allottee or his / her / their its agents in the manner in which same is required to be maintainedmaintained or have been tampered with or fitted or refitted in non-compliance or ignorance of the product use requirements, product maintenance requirements or annual maintenance requirements as per the manufacturer’s guidelines for such material or fittings.
vii(g) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment Designated Unit going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii(h) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s(i) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if If the annual maintenance contracts and other licenses are not done / renewed validly maintained by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this AgreementAssociation.
12.5 c. Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the ApartmentDesignated Unit, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case In the event of any structural defect or any other defect in the workmanship, quality or provision of services or any other obligations of the Promoter Vendors as per the Sale Agreement for Sale relating to such development is brought to the notice of the Promoter Vendors within a period of 5 (five) years by the Allottee(s) from the date of handing over possessionPossession Date, save those as mentioned in clause 12.2 below, it shall be the duty of the Promoter to Vendors will rectify such defects without further chargecharge provided however, within 30 (thirty) days, and in the event of Promoter’ failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter they shall not be held liable or responsible for any defects and to rectify the same in any defect occurring under of the following circumstances:
i(a) If there are the Purchaser has made any changes, modifications or and/or alteration in the internal plumbing pipes and and/or any fittings and fixtures and/or fixtures, or change of wall or the walls and/or the floor tiles after the Allottee(s) taking over possession of the Apartmentits Unit, the Promoter will not take any responsibility of waterproofing, cracks or then any defect in waterproofing, cracks, in the plumbing pipes and pipes, and/or fittings and fixtures that have developed and/or fixtures, the development of which can be directly or indirectly due attributable to the changes so made including but not limited to any damage done during such changes;interior work.
ii(b) If there are the Purchaser has made any changes, modifications or and/or alteration in the electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of then any defect in the electrical lines and wirings that have developed can, directly or indirectly, be attributable to the changes, modifications and/or alterations so made including but not limited to the damage to the concealed electrical wiring during interior work.
(c) If the Purchaser has made any changes, modifications and/or alterations to any of the doors, their fittings, and/or other related items of its Unit, then any defect of such door, including its lock or locking system or alignments or any other related defects, that can be attributable directly or indirectly to the changes, modifications and/or alterations so made.
(d) If the Purchaser has made any changes, modifications and/or alterations to any of the windows, their fittings and/or other related items of its Unit, then any defect of such window, its locks or alignment, or seepage from such a window or any other related defects which can be attributable directly or indirectly due to such changes, modifications or and/or alterations;.
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv(e) If the Allottee(s) after taking actual physical possession Purchaser has made any alterations and/or changes in its Unit during execution of the Apartment, executes interior decoration work including any addition and / decorations or alteration in the layout fit-outs of the internal walls of the Apartment by making any changes in the Apartment, its Unit then any defect defects like damp, hair line cracks, breakage in of the floor tiles or other defects arising as a direct that can be attributable, directly or indirect indirectly, to be in consequence of such alterations and/or changes.
(f) If the damages are to any glass pane of the windows and/or louvers and/or any defects of the doors and/or windows, including without limitation their fittings like locks or changes will locking systems or alignments, which is caused due to any external impact or forces, other than the forces required to normally operate such doors and/or windows, or if cracks develop between the door frame and the wall due to impacts caused due to improper handling or external impact or forces.
(g) If there are scratches or damages to the floor or wall tiles due to wear and tear or direct or indirect impact on the floor or the wall tiles.
(h) If the waste pipes or waste lines from the basins or floor traps get choked due to accumulation of garbage or dust or otherwise due to improper usage or maintenance.
(i) If the damage is of a nature attributable to installation of air-conditioners, whether indoor or outdoor units, directly or indirectly.
(j) Damages in pipelines or electrical lines during installation of any furniture or fixtures or any electrical installations or any other household equipments due to improper drilling or otherwise, whether directly or indirectly.
(k) Any changes, modifications and/or alterations made in the openable/Non-openable/balcony MS grills or the grills that are required to be maintained properly and are not be entertained by done so.
(l) Damages caused due to non-maintenance of such things or items or fixtures which requireregular maintenance and which gets damaged due to such non-maintenance.
(m) Normal cracks developing on the Promoter;
v) Different materials have joints of brick walls and/or RCC beams and/or columns due to different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own costmaterials.
vi(n) If the materials and fittings and defect in the materials, fittings, equipments, and/or fixtures provided are owing to any manufacturing defect or for not proper maintenance thereof or changes made by the Promoter are Purchaser is not being maintained by the Allottee(s) or his / her / their agents in the manner in which the same is are required to be maintainedmaintained or changed, as the case may.
vii) Any electrical fittings and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii(o) If the Architect certifies that such defects are defect is certified by the Architects or the concerned structural engineers for the Said Project to be not manufacturing defect or defects and/or arising due to poor bad workmanship or poor qualityand/or bad quality of materials used.
12.3 The liability of (p) If the Promoter to undertake Purchaser has used its Unit for any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided purposes other than residential. Provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreementhereinabove, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, Purchaser alters the state and and/or condition of the area of the purported defectdefect without first notifying the Developer and without giving the Developer the opportunity to inspect, then assess and/or determine the Promoter nature of the purported defect complained of, the Vendors shall not be relieved of its obligations contained in clause 12 hereinaboveresponsible for suc Defect Liability.
Appears in 2 contracts
Sources: Conveyance, Conveyance
DEFECT LIABILITY. 12.1 13.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 14.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
(i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
(ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
(iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
(iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
(v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
(vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
(vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
(viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 14 hereinabove.
13.3 The Promoter/maintenance agency/Association of Allottees shall have the right of unrestricted access of all Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottees and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 2 contracts
Sources: Construction Contract, Not Specified
DEFECT LIABILITY. 12.1 14.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 14.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 14.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
(i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
(ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
(iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
(iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
(v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
(vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
(vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
(viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 14 hereinabove.
14.3 The Promoter/maintenance agency/Association of Allottees shall have the right of unrestricted access of all Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottees and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 1 contract
Sources: Partnership Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee(s) from the date of handing over possession, save those as mentioned in clause 12.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that AND FURTHER PROVIDED THAT the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(s) and / or of / Allottee and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that AND FURTHER PROVIDED THAT no steps have been / been/or taken by the Promoter of his / her / their / his/her/their/its own volition in an endeavour endeavor to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case In the event of any structural defect or any other defect in the workmanship, quality or provision of services or any other obligations of the Promoter as per the Sale 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(s) from the date of handing over possessionPossession Date, save those as mentioned in clause 12.2 below, it shall be the duty of the Promoter to will rectify such defects without further chargecharge provided however, within 30 (thirty) days, and in the event neither of Promoter’ failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter them shall not be held liable or responsible for any defects and to rectify the same in any defect occurring under of the following circumstances:
i(1) If there are the Allottee has made any changes, modifications or alteration and/or alterations in the internal plumbing pipes and and/or any fittings and fixtures and/or fixtures, or change of wall or the walls and/or the floor tiles after the Allottee(s) taking over possession of the Apartmentits Unit, the Promoter will not take then any responsibility of defect in waterproofing, cracks in the plumbing pipes, and/or fittings and/or fixtures, the development of which can be directly or indirectly attributable to the changes so made including but not limited to any damage done during such interior work.
(2) If the Allottee has made any changes, modifications and/or alterations in the electrical lines then any defect in plumbing pipes and fittings and fixtures the electrical lines that have developed can, directly or indirectly, be attributable to the changes, modifications and/or alterations so made including but not limited to the damage to the concealed electrical wiring during interior work.
(3) If the Allottee has made any changes, modifications and/or alterations to any of the doors, their fittings, and/or other related items of its Unit, then any defect of such door, including its lock or locking system or alignments or any other related defects, that can be attributable directly or indirectly due to such changes;
ii) If there are the changes, modifications or alteration in electrical lines and wirings after said possession unto and/or alterations so made.
(4) If the Allottee(s)Allottee has made any changes, modifications and/or alterations to any of the Promoter will not take any responsibility windows, their fittings and/or other related items of its Unit, then any defect in electrical lines and wirings that have developed of such window, its locks or alignment, or seepage from such a window or any other related defects which can be attributable directly or indirectly due to such changes, modifications or and/or alterations;.
iii(5) If there are the Allottee has made any changes, modifications or and/or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) after taking actual physical possession its Unit during execution of the Apartment, executes interior decoration work including any addition and / decorations or alteration in the layout fit-outs of the internal walls of the Apartment by making any changes in the Apartment, its Unit then any defect defects like damp, hair line cracks, breakage in of the floor tiles or other defects arising as a direct that can be attributable, directly or indirect indirectly, to be in consequence of such alterations and/or changes.
(6) If the damages are to any glass pane of the windows and/or louvers and/or any defects of the doors and/or windows, including without limitation their fittings like locks or changes will locking systems or alignments, which can be attributed to have been caused due to any external impact or forces, other than the forces required to normally operate such doors and/or windows, or if cracks develop between the door frame and the wall due to impacts caused due to improper handling or external impact or forces.
(7) If there are scratches or damages to the floor or wall tiles due to wear and tear or direct or indirect impact on the floor or the wall tiles.
(8) If the waste pipes or waste lines from the basins or floor traps get choked due to accumulation of garbage or dust or otherwise due to improper usage or maintenance.
(9) If the damage is of a nature attributable to installation of air-conditioners, whether indoor or outdoor units, directly or indirectly.
(10) Damages in pipelines or electrical lines during installation of any furniture or fixtures or any electrical installations or any other household equipments due to improper drilling or otherwise, whether directly or indirectly.
(11) Any changes, modifications and/or alterations made in the openable/non-openable/balcony MS grills or the grills that are required to be maintained properly and are not be entertained by done so.
(12) Damages caused due to non-maintenance of such things or items or fittings or fixtures which require regular maintenance and which gets damaged due to such non-maintenance.
(13) Normal cracks developing on the Promoter;
v) Different materials have joints of brick walls and/or RCC beams and/or columns due to different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own costmaterials.
vi(14) If the materials and fittings and defect in the materials, fittings, equipments, and/or fixtures provided are owing to any manufacturing defect or for not proper maintenance thereof or changes made by the Promoter are Allottee is not being maintained by the Allottee(s) or his / her / their agents in the manner in which the same is are required to be maintainedmaintained or changed, as the case may.
vii) Any electrical fittings and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii(15) If the Architect certifies that such defects are defect is certified by the Architects or the concerned structural engineers for the Said Project to be not manufacturing defect or defects and/or not arising due to poor bad workmanship or poor qualityand/or not due to bad quality of materials used.
12.3 (16) The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has will not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour be liable to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters private gardenarea arising out of soil filling or any other such act done by the state and condition allottee on the concrete flooring of the area private garden of their unit.
(17) If the purported defect, then the Promoter shall be relieved of Allottee has used its obligations contained in clause 12 hereinaboveUnit for any purposes other than residential.
Appears in 1 contract
Sources: Conveyance
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(s) from the date of handing over possession, save those as mentioned in clause 12.2 below, 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(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, after said possession unto the Allottee(s), then the Promoter Promoter(s) will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are is not being maintained by the Allottee(s) or his / her / his/her/their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(s) and / or of / and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / been/or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / done/renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project area amenities and facilities wherever applicable. The Allottee(s) has/have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor as per the this Agreement for Sale relating to such development is brought to the notice of the Promoter Vendor within a period of 5 (five) years by the Allottee(s) Allottee from the date of handing over possessionhandover of possession of the Designated Unit or the Vendor obtaining the completion certificate, save those as mentioned in clause 12.2 belowwhichever is earlier, it shall be the duty of the Promoter Vendor to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’ Vendor's failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in forceAct.
12.2 (ii) The Promoter Vendor shall not be liable to rectify any defect occurring under the following circumstances:
i) 1. If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the ApartmentDesignated Unit, the Promoter Vendor will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;.
ii) 2. If there are changes, modifications or alteration in electrical lines and wirings after said possession unto has been given to the Allottee(s)Allottee, the Promoter Vendor will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;.
iii) 3. If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter Vendor will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;.
iv) 4. If the Allottee(s) Allottee after taking actual physical possession of the ApartmentDesignated Unit, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment Designated Unit by making any changes in the ApartmentDesignated Unit, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;Vendor.
v) 5. Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above above, the Promoter Vendor shall get it rectified at its own cost.
vi) 6. If the materials and fittings and fixtures provided by the Promoter Vendor or other vendors are not being maintained by the Allottee(s) Allottee or his / her / their its agents in the manner in which same is required to be maintainedmaintained or have been tampered with or fitted or refitted in non-compliance or ignorance of the product use requirements, product maintenance requirements or annual maintenance requirements as per the manufacturer’s guidelines for such material or fittings.
vii) 7. Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter Vendor in the Common Areas and / or and/or in the Apartment Designated Unit going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter Vendor and not amounting to poor workmanship or manufacture thereof.
viii) 8. If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc9. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if If the annual maintenance contracts and other licenses are not done / renewed validly maintained by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this AgreementAssociation.
12.5 10. Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter Vendor and without giving the Promoter Vendor the reasonable opportunity to inspect, assess and determine the nature of purported defect in the ApartmentDesignated Unit, alters the state and condition of the area of the purported defect, then the Promoter Vendor shall be relieved of its obligations contained in clause 12 Clause 13 (i) hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 13.3 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) daysthirty)days, and in the event of Promoter’ ’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 . The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
(i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
(ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
(iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
(iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
(v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
(vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained Maintained by the Allottee(s) Allottee or his / his/her / their agents in the manner in which same is required Required to be maintained.
(vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other o the reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
(viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 14 hereinabove. The Promoter/maintenance agency/Association of Allottee shall have the right of unrestricted access of all Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottee and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter No.2 as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter No.2 within a period of 5 (five) years by the Allottee(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 below, it shall be the duty of the Promoter No.2 to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’ Promoter No.2’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in forceAct.
12.2 13.1 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) 13.1.1. If there are changes, modifications or alteration alterations in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the ApartmentUnit, the Promoter will not take any responsibility of waterproofing, cracks or for any defect defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) 13.1.2. If there are changes, modifications or alteration alterations in electrical lines and wirings after said handing over possession of the Unit unto the Allottee(s)Allottee, the Promoter will not take any responsibility of for any defect defects in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) 13.1.3. If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) 13.1.4. If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment theUnit by making any changes in the Apartment, then any defect defects like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the responsibility of the Promoter;
v) 13.1.5. Different materials have different coefficient of expansion and contraction and as such because of this difference difference, there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs need to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it the same rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.;
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 below, 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’ failure to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) Allottee and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or and / or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour endeavor to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) Allottee ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s)Allottee, the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) Allottee have been made aware and the Allottee(s) Allottee expressly agree(s) agree that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) Allottee it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 15.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 15.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 15.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the ApartmentSaid Bungalow, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the ApartmentSaid Bungalow, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment Bungalow by making any changes in the ApartmentSaid Bungalow, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or common areas and/or in the Apartment Bungalow going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the ApartmentSaid Bungalow, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 15 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case In the event of any structural defect or any other defect in the workmanship, quality or provision of services or any other obligations of the Promoter as per the Sale 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(s) from the date of handing over possessionPossession Date, save those as mentioned in clause 12.2 below, it shall be the duty of the Promoter to will rectify such defects without further chargecharge provided however, within 30 (thirty) days, and in the event neither of Promoter’ failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter them shall not be held liable or responsible for any defects and to rectify the same in any defect occurring under of the following circumstances:
i(1) If there are the Allottee has made any changes, modifications or alteration and/or alterations in the internal plumbing pipes and and/or any fittings and fixtures and/or fixtures, or change of wall or the walls and/or the floor tiles after the Allottee(s) taking over possession of the Apartmentits Unit, the Promoter will not take then any responsibility of defect in waterproofing, cracks in the plumbing pipes, and/or fittings and/or fixtures, the development of which can be directly or indirectly attributable to the changes so made including but not limited to any damage done during such interior work.
(2) If the Allottee has made any changes, modifications and/or alterations in the electrical lines then any defect in plumbing pipes and fittings and fixtures the electrical lines that have developed can, directly or indirectly, be attributable to the changes, modifications and/or alterations so made including but not limited to the damage to the concealed electrical wiring during interior work.
(3) If the Allottee has made any changes, modifications and/or alterations to any of the doors, their fittings, and/or other related items of its Unit, then any defect of such door, including its lock or locking system or alignments or any other related defects, that can be attributable directly or indirectly due to such changes;
ii) If there are the changes, modifications or alteration in electrical lines and wirings after said possession unto and/or alterations so made.
(4) If the Allottee(s)Allottee has made any changes, modifications and/or alterations to any of the Promoter will not take any responsibility windows, their fittings and/or other related items of its Unit, then any defect in electrical lines and wirings that have developed of such window, its locks or alignment, or seepage from such a window or any other related defects which can be attributable directly or indirectly due to such changes, modifications or and/or alterations;.
iii(5) If there are the Allottee has made any changes, modifications or and/or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) after taking actual physical possession its Unit during execution of the Apartment, executes interior decoration work including any addition and / decorations or alteration in the layout fit-outs of the internal walls of the Apartment by making any changes in the Apartment, its Unit then any defect defects like damp, hair line cracks, breakage in of the floor tiles or other defects arising as a direct that can be attributable, directly or indirect indirectly, to be in consequence of such alterations and/or changes.
(6) If the damages are to any glass pane of the windows and/or louvers and/or any defects of the doors and/or windows, including without limitation their fittings like locks or changes will locking systems or alignments, which can be attributed to have been caused due to any external impact or forces, other than the forces required to normally operate such doors and/or windows, or if cracks develop between the door frame and the wall due to impacts caused due to improper handling or external impact or forces.
(7) If there are scratches or damages to the floor or wall tiles due to wear and tear or direct or indirect impact on the floor or the wall tiles.
(8) If the waste pipes or waste lines from the basins or floor traps get choked due to accumulation of garbage or dust or otherwise due to improper usage or maintenance.
(9) If the damage is of a nature attributable to installation of air-conditioners, whether indoor or outdoor units, directly or indirectly.
(10) Damages in pipelines or electrical lines during installation of any furniture or fixtures or any electrical installations or any other household equipments due to improper drilling or otherwise, whether directly or indirectly.
(11) Any changes, modifications and/or alterations made in the openable/non-openable/balcony MS grills or the grills that are required to be maintained properly and are not be entertained by done so.
(12) Damages caused due to non-maintenance of such things or items or fittings or fixtures which require regular maintenance and which gets damaged due to such non-maintenance.
(13) Normal cracks developing on the Promoter;
v) Different materials have joints of brick walls and/or RCC beams and/or columns due to different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own costmaterials.
vi(14) If the materials and fittings and defect in the materials, fittings, equipments, and/or fixtures provided are owing to any manufacturing defect or for not proper maintenance thereof or changes made by the Promoter are Allottee is not being maintained by the Allottee(s) or his / her / their agents in the manner in which the same is are required to be maintainedmaintained or changed, as the case may.
vii) Any electrical fittings and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii(15) If the Architect certifies that such defects are defect is certified by the Architects or the concerned structural engineers for the Said Project to be not manufacturing defect or defects and/or not arising due to poor bad workmanship or poor qualityand/or not due to bad quality of materials used.
12.3 (16) The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has will not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour be liable to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters private garden area arising out of soil filling or any other such act done by the state and condition allottee on the concrete flooring of the area private garden of their unit.
(17) If the purported defect, then the Promoter shall be relieved of Allottee has used its obligations contained in clause 12 hereinaboveUnit for any purposes other than residential.
Appears in 1 contract
Sources: Conveyance
DEFECT LIABILITY. 12.1 14.1 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(s) Allottee from the date of handing over possessionCompletion Certificate, save those as mentioned in clause 12.2 14.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 14.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 14 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 13.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 13.3 below, 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’ Promoter‟s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
(i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
(ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
(iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
(iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
(v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
(vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
(vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
(viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 14 hereinabove.
13.3 The Promoter/maintenance agency/Association of Allottee shall have the right of unrestricted access of all Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottee and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 13.1 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(s) from the date of handing over possession, save those as mentioned in clause 12.2 13.2 below, 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(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 13.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that AND FURTHER PROVIDED THAT the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(s) and / or of / and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that AND FURTHER PROVIDED THAT no steps have been / been/or taken by the Promoter of his / her / their / his/her/their/its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 14.2 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of eventof Promoter’ failure to rectify such defects within such time’s failuretorectify suchdefectswithinsuchtime, the aggrieved Allottee(s) shall be entitled theaggrieved Allotteesshallbeentitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 . The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
(i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
(ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due wiringsthat havedevelopeddirectlyorindirectlydue to such changessuchchanges, modifications or modificationsor alterations;
(iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
(iv) If the Allottee(s) after taking actual physical possession Allotteeaftertakingactual physicalpossession of the Apartment, executes interior decoration executesinteriordecoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
(v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
(vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
(vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
(viii) If the Architect certifies that such defects are not manufacturing arenotmanufacturing defect or due to poor workmanship poorworkmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 14 hereinabove. The Promoter/maintenance agency/Association of Allottees shall have the right of unrestricted access of all Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottees and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 1 contract
Sources: Not Specified
DEFECT LIABILITY. 12.1 14.1 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 this 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(s) Allottee from the Possession Date or Deemed Possession Date or date of handing over possessionissuance of Completion Certificate, save those as mentioned in clause 12.2 belowwhichever is earlier, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in forceAct.
12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. 14.2 It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving to the Promoter the reasonable opportunity to inspect, inspect assess and determine the nature of purported defect in the Apartmentsuch defect, alters the state and condition of the area of the purported such defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinaboveClause 14.1 above and the Allottee shall not be entitled to any cost or compensation in respect thereof.
14.3 It is clarified that the Promoter shall not be liable for any such defects if the same have been caused by reason of the default and/or negligence of the Allottee and/or any other Allottees in the Project or acts of third party(ies) or on account of any Force Majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee and/or any other Allottee/Person in the Project. The Allottee is/are aware that the Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause 14 and the Allottee and/or the Association of Allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 13.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 13.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the ApartmentUNIT, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the ApartmentUNIT, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment UNIT by making any changes in the ApartmentUNIT, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings UNITs and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment UNIT going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 13.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that AND FURTHER PROVIDED THAT the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(s) and / or of / Allottee and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that AND FURTHER PROVIDED THAT no steps have been / been/or taken by the Promoter of his / her / their / his/her/their/its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 13.4 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the ApartmentUNIT, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 13 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 below, 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’ Project Manger failure to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, after said possession unto the Allottee, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(s) and / or of / Allottee and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / been/or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends Allottee end before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / done/renewed by the Allottee(s)Allottee, the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both all the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) Allottee have been made aware and the Allottee(s) Allottee expressly agree(s) agree that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) Allottee it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 13.1 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(sFirst party(s) from the date of handing over possession, save those as mentioned in clause 12.2 13.2 below, 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’ Promoter‘s failure to rectify such defects within such time, the aggrieved Allottee(sFirst party(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(sFirst party(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(sFirst party(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(sFirst party(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(sFirst party(s) or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 13.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that AND FURTHER PROVIDED THAT the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(sFirst party(s) and / or of / and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that AND FURTHER PROVIDED THAT no steps have been / been/or taken by the Promoter of his / her / their / his/her/their/its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 13.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(sFirst party(s)(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / done/renewed by the Allottee(sFirst party(s)(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(sFirst party(s)(s) has/have been made aware and the Allottee(sFirst party(s)(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(sFirst party(s)(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 13.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(sFirst party(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 13 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 15.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 15.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 15.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / and/ or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / and/ or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 14 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee(s) from the date of handing over possession, save those as mentioned in clause 12.2 below, 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(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that AND FURTHER PROVIDED THAT the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(s) and / or of / and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that AND FURTHER PROVIDED THAT no steps have been / been/or taken by the Promoter of his / her / their / his/her/their/its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / done/renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) has/have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 13 hereinabove.
Appears in 1 contract
Sources: Not Specified
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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 below, 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’ Project Manger failure to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, after said possession unto the Allottee, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(s) and / or of / Allottee and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / been/or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends Allottee end before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / done/renewed by the Allottee(s)Allottee, the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both all the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) Allottee have been made aware and the Allottee(s) Allottee expressly agree(s) agree that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) Allottee it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 15.1 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 Owner as per the Agreement for Sale relating to such development is brought to the notice of the Promoter Owner within a period of 5 (five) years by the Allottee(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 15.2 below, it shall be the duty of the Promoter Owner to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’ Owner‘s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 15.2 The Promoter Owner shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter Owner will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter Owner will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter Owner will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the PromoterOwner;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks Cracks developing on joints of brick walls and RCC beams or columns or vertical Bands or horizontal Bands arising out of different materials which have different coefficient of expansion and columns. Any contraction, any such cracks are being normal in high rise buildings and needs need to be repaired by Allottee or Association from time to time. Any , as the case may be, Provided However that any cracks developed which develop for reasons other than as mentioned above above, the Promoter Owner shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter Owner are not being maintained or used by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintainedmaintained or used.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter Owner in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations fluctuation or other reasons not under the control of the Promoter Owner and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect Project Architect(s) certifies that such the defects complained of are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of ix) There being any deterioration in the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / quality or occasioned directly and / or indirectly, by / due to any act of commission and / or omission functioning of any actelectrical or mechanical systems, deed instruments, appliances and/or gadgets installed in the Project or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or Apartment due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify and/or any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and bindingphysical damage thereto.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(sx) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter Owner and without giving the Promoter Owner the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Owner shall be relieved of its obligations contained in clause 12 15 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 15.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 15.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 15.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 . The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that AND FURTHER PROVIDED THAT the same has not been caused and / or and/or occasioned directly and / or and/or indirectly, by / by/due to any act of commission and / or and/or omission of any act, deed or thing of / of/by the Allottee(s) and / or of / Allottee and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that AND FURTHER PROVIDED THAT no steps have been / been/or taken by the Promoter of his / her / their / his/her/their/its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 15 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case In the event of any structural defect or any other defect in the workmanship, quality or provision of services or any other obligations of the Promoter Vendors as per the Sale Agreement for Sale relating to such development is brought to the notice of the Promoter Vendors within a period of 5 (five) years by the Allottee(s) from the date of handing over possessionPossession Date, save those as mentioned in clause 12.2 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 the
(thirty) days, and in the event of Promoter’ failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
ia) If there are the Purchaser has made any changes, modifications or and/or alteration in the internal plumbing pipes and and/or any fittings and fixtures and/or fixtures, or change of wall or the walls and/or the floor tiles after the Allottee(s) taking over possession of the Apartmentits Unit, the Promoter will not take any responsibility of waterproofing, cracks or then any defect in waterproofing, cracks, in the plumbing pipes and pipes, and/or fittings and fixtures that have developed and/or fixtures, the development of which can be directly or indirectly due attributable to the changes so made including but not limited to any damage done during such changes;interior work.
ii(b) If there are the Purchaser has made any changes, modifications or and/or alteration in the electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of then any defect in the electrical lines and wirings that have developed can, directly or indirectly, be attributable to the changes, modifications and/or alterations so made including but not limited to the damage to the concealed electrical wiring during interior work.
(c) If the Purchaser has made any changes, modifications and/or alterations to any of the doors, their fittings, and/or other related items of its Unit, then any defect of such door, including its lock or locking system or alignments or any other related defects, that can be attributable directly or indirectly to the changes, modifications and/or alterations so made.
(d) If the Purchaser has made any changes, modifications and/or alterations to any of the windows, their fittings and/or other related items of its Unit, then any defect of such window, its locks or alignment, or seepage from such a window or any other related defects which can be attributable directly or indirectly due to such changes, modifications or and/or alterations;.
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv(e) If the Allottee(s) after taking actual physical possession Purchaser has made any alterations and/or changes in its Unit during execution of the Apartment, executes interior decoration work including any addition and / decorations or alteration in the layout fit-outs of the internal walls of the Apartment by making any changes in the Apartment, its Unit then any defect defects like damp, hair line cracks, breakage in of the floor tiles or other defects arising as a direct that can be attributable, directly or indirect indirectly, to be in consequence of such alterations and/or changes.
(f) If the damages are to any glass pane of the windows and/or louvers and/or any defects of the doors and/or windows, including without limitation their fittings like locks or changes will locking systems or alignments, which is caused due to any external impact or forces, other than the forces required to normally operate such doors and/or windows, or if cracks develop between the door frame and the wall due to impacts caused due to improper handling or external impact or forces.
(g) If there are scratches or damages to the floor or wall tiles due to wear and tear or direct or indirect impact on the floor or the wall tiles.
(h) If the waste pipes or waste lines from the basins or floor traps get choked due to accumulation of garbage or dust or otherwise due to improper usage or maintenance.
(i) If the damage is of a nature attributable to installation of air-conditioners, whether indoor or outdoor units, directly or indirectly.
(j) Damages in pipelines or electrical lines during installation of any furniture or fixtures or any electrical installations or any other household equipments due to improper drilling or otherwise, whether directly or indirectly.
(k) Any changes, modifications and/or alterations made in the openable/Non-openable/balcony MS grills or the grills that are required to be maintained properly and are not be entertained by done so.
(l) Damages caused due to non-maintenance of such things or items or fixtures which require regular maintenance and which gets damaged due to such non-maintenance.
(m) Normal cracks developing on the Promoter;
v) Different materials have joints of brick walls and/or RCC beams and/or columns due to different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own costmaterials.
vi(n) If the materials and fittings and defect in the materials, fittings, equipments, and/or fixtures provided are owing to any manufacturing defect or for not proper maintenance thereof or changes made by the Promoter are Purchaser is not being maintained by the Allottee(s) or his / her / their agents in the manner in which the same is are required to be maintainedmaintained or changed, as the case may.
vii) Any electrical fittings and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii(o) If the Architect certifies that such defects are defect is certified by the Architects or the concerned structural engineers for the Said Project to be not manufacturing defect or defects and/or arising due to poor bad workmanship or poor qualityand/or bad quality of materials used.
12.3 The liability of (p) If the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same Purchaser has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / used its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible Unit for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more purposes other than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreementresidential.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 1 contract
Sources: Conveyance
DEFECT LIABILITY. 12.1 15.1 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 15.2 below, 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(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 15.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv) If the Allottee(s) Allottee after taking actual physical possession of the Said Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Said Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his / her / their agents in the manner in which same is required to be maintained.
vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or common areas and/or in the Said Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 15 hereinabove.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case In the event of any structural defect or any other defect in the workmanship, quality or provision of services or any other obligations of the Promoter Vendors as per the Sale Agreement for Sale relating to such development is brought to the notice of the Promoter Vendors within a period of 5 (five) years by the Allottee(s) from the date of handing over possessionPossession Date, save those as mentioned in clause 12.2 below, it shall be the duty of the Promoter to Vendors will rectify such defects without further chargecharge provided however, within 30 (thirty) days, and in the event of Promoter’ failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 The Promoter they shall not be held liable or responsible for any defects and to rectify the same in any defect occurring under of the following circumstances:
i(a) If there are the Purchaser has made any changes, modifications or and/or alteration in the internal plumbing pipes and and/or any fittings and fixtures and/or fixtures, or change of wall or the walls and/or the floor tiles after the Allottee(s) taking over possession of the Apartmentits Unit, the Promoter will not take any responsibility of waterproofing, cracks or then any defect in waterproofing, cracks, in the plumbing pipes and pipes, and/or fittings and fixtures that have developed and/or fixtures, the development of which can be directly or indirectly due attributable to the changes so made including but not limited to any damage done during such changes;interior work.
ii(b) If there are the Purchaser has made any changes, modifications or and/or alteration in the electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of then any defect in the electrical lines and wirings that have developed can, directly or indirectly, be attributable to the changes, modifications and/or alterations so made including but not limited to the damage to the concealed electrical wiring during interior work.
(c) If the Purchaser has made any changes, modifications and/or alterations to any of the doors, their fittings, and/or other related items of its Unit, then any defect of such door, including its lock or locking system or alignments or any other related defects, that can be attributable directly or indirectly to the changes, modifications and/or alterations so made.
(d) If the Purchaser has made any changes, modifications and/or alterations to any of the windows, their fittings and/or other related items of its Unit, then any defect of such window, its locks or alignment, or seepage from such a window or any other related defects which can be attributable directly or indirectly due to such changes, modifications or and/or alterations;.
iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
iv(e) If the Allottee(s) after taking actual physical possession Purchaser has made any alterations and/or changes in its Unit during execution of the Apartment, executes interior decoration work including any addition and / decorations or alteration in the layout fit-outs of the internal walls of the Apartment by making any changes in the Apartment, its Unit then any defect defects like damp, hair line cracks, breakage in of the floor tiles or other defects arising as a direct that can be attributable, directly or indirect indirectly, to be in consequence of such alterations and/or changes.
(f) If the damages are to any glass pane of the windows and/or louvers and/or any defects of the doors and/or windows, including without limitation their fittings like locks or changes will locking systems or alignments, which is caused due to any external impact or forces, other than the forces required to normally operate such doors and/or windows, or if cracks develop between the door frame and the wall due to impacts caused due to improper handling or external impact or forces.
(g) If there are scratches or damages to the floor or wall tiles due to wear and tear or direct or indirect impact on the floor or the wall tiles.
(h) If the waste pipes or waste lines from the basins or floor traps get choked due to accumulation of garbage or dust or otherwise due to improper usage or maintenance.
(i) If the damage is of a nature attributable to installation of air-conditioners, whether indoor or outdoor units, directly or indirectly.
(j) Damages in pipelines or electrical lines during installation of any furniture or fixtures or any electrical installations or any other household equipments due to improper drilling or otherwise, whether directly or indirectly.
(k) Any changes, modifications and/or alterations made in the openable/Non-openable/balcony MS grills or the grills that are required to be maintained properly and are not be entertained by done so.
(l) Damages caused due to non-maintenance of such things or items or fixtures which require regular maintenance and which gets damaged due to such non-maintenance.
(m) Normal cracks developing on the Promoter;
v) Different materials have joints of brick walls and/or RCC beams and/or columns due to different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own costmaterials.
vi(n) If the materials and fittings and defect in the materials, fittings, equipments, and/or fixtures provided are owing to any manufacturing defect or for not proper maintenance thereof or changes made by the Promoter are Purchaser is not being maintained by the Allottee(s) or his / her / their agents in the manner in which the same is are required to be maintainedmaintained or changed, as the case may.
vii) Any electrical fittings and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
viii(o) If the Architect certifies that such defects are defect is certified by the Architects or the concerned structural engineers for the Said Project to be not manufacturing defect or defects and/or arising due to poor bad workmanship or poor qualityand/or bad quality of materials used.
12.3 The liability of (p) If the Promoter to undertake Purchaser has used its Unit for any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etcpurposes other than residential. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaidcomplained of, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter Vendors shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreementsuc Defect Liability.
12.5 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.
Appears in 1 contract
Sources: Conveyance
DEFECT LIABILITY. 12.1 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter 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(s) Allottee from the date of handing over possession, save those as mentioned in clause 12.2 14.2 below, it shall be the duty of the Promoter promoter to rectify such defects without further charge, within 30 (thirty) days, days and in the event of Promoter’ ’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the time being in force.
12.2 12.2. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
(i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or of floor tiles after the Allottee(s) Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
(ii) If there are changes, modifications or alteration in electrical lines and wirings wiring after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
(iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations;
(iv) If the Allottee(s) Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Promoter;
(v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are re normal in high rise buildings and needs to be repaired repaid from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost.
(vi) If the materials and fittings and fixtures provided provide by the Promoter are not being maintained by the Allottee(s) Allottee or his / his/her / their agents in the manner in which same is required to be maintained.
(vii) Any electrical fittings and / or and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and / or and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
(viii) If the Architect certifies certificates that such defects are not manufacturing defect or due to poor workmanship or poor quality.
12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding.
12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything herein contained hereinabove mentioned it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.and
Appears in 1 contract
Sources: Agreement for Sale