Common use of Warranty Exceptions Clause in Contracts

Warranty Exceptions. This warranty shall not be applicable or extend to or shall become void in the following cases : 1) Minor/permissible change/variation, hairline cracks and dampness caused due to settlement, humidity, variations in temperature, electrical conduits, etc. 2) In case the Allottee carries out any work within the Said Unit after taking possession such as structural or architectural changes from the original design attributes, demolition, dismantling, making openings, removing or re-sizing the original structural framework, putting excess or heavy loads or using the premises other than for its intended purpose; 3) In case the Allottee carries out any work within the Said Unit after taking possession, resulting in cracks and dampness, or any other defect within or to the adjoining Said Unit/shop, then in such an event the Promoter shall not be liable to rectify or pay compensation. But the Promoter may offer services to rectify such defects at nominal charges. 4) any structure/item/specification that is broken or damaged due to mishandling, misuse, wear-and- tear or due to inadequate preventive maintenance by the Allottee(s) or his/her/their/its tenants or occupants of the Said Unit. 5) Extra Items & Changes including materials supplied/procured/delivered by the Allottee(s). 6) damage due to mishandling/misuse/wear and tear due to any construction/addition/alteration/ modification in or of the Said Unit installed or carried out by the Allottee(s) or his/her/their/its agent(s) or due to the result of said damages being caused due to activities/actions of other Allottees or Society after the Promoter has handed over possession of the Said Unit or during any furnishing and interior decoration thereof by the Allottee(s). 7) any use that the Said Unit may be put to in contravention of the terms and conditions herein. 8) Structural defects caused by accidental breaking of fire or any kind of explosion of gas cylinder etc. 9) Structural defects induced anyhow by failure of waterproofing system(s) of the premises or the building. 10) Structural defects induced by Force Majeure situations, such as war, flood, act of God, explosions of any kind by terrorist, Civil Commotion, etc. 11) Structural defects occurring in the Said Unit or Project Building that has undergone civil renovations. 12) In the event of any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned hereinabove) after the handing of possession of the said Apartment to the allottee, the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee(s) and the Allottee(s) alone shall be liable to rectify and reinstate the same at its own costs and expenses. 13) The Promoter is not directly liable but shall pass on the warranty/liability/guarantee on any bought-out item/specification/fixtures including but not limited to electrical, plumbing, joinery or other fittings and fixtures such as sanitary fittings, switches, etc. that is/are provided/covered by the manufacturer/third party/Vendor. The Promoter/Manufacturer/Third Party/Vendor shall not be liable for the such items once the warranty provided by the Manufacturer/Third Party/Vendor expires. 14) Items excluded from warranty and defect liability, limited to the warranty/guarantee provided by the Third Party/Supplier/Vendor/Manufacturer are: (i) Doors – including shutters, frames and Architraves – are provided considering normal wear and tear. There shall be no guarantees on abuse. Polishing and laminates are also not covered. (ii) Hardware for doors - such as handles, hinges, tower bolts, magnetic eye, door stoppers, screws, anchors, foam filling, adhesives and locks. (iii) UPVC windows – sections – complete with architraves, hardware, insect mesh, components of UPVC windows such as rollers etc,.and glass. (iv) Sanitary and plumbing fixtures (including traps) – any defects arising not out of manufacturing for pipes and fixtures. (v) Tiles for flooring and dado. (vi) Natural stones – thresholds/cooking platform/counters for washbasins. (vii) SS sink – set complete for defects arising NOT out of manufacturing. (viii) Conduits used for electrical works, cables/wires. (ix) All Electrical switches/sockets including cover plates – not arising out of manufacturing. (x) Fire fighting – hose reel and sprinklers, supply lines/joints, if any.

Appears in 2 contracts

Sources: Property Sale Agreement, Property Sale Agreement

Warranty Exceptions. This warranty shall not be applicable or extend to or shall become void in the following cases : 1) Minor/permissible change/variation, hairline cracks and dampness caused due to settlement, humidity, variations in temperature, electrical conduits, etc. 2) In case the Allottee carries out any work within the Said Unit after taking possession such as structural or architectural changes from the original design attributes, demolition, dismantling, making openings, removing or re-sizing the original structural framework, putting excess or heavy loads or using the premises other than for its intended purpose; 3) In case the Allottee carries out any work within the Said Unit after taking possession, resulting in cracks and dampness, or any other defect within or to the adjoining Said Unit/shop, then in such an event the Promoter shall not be liable to rectify or pay compensation. But the Promoter may offer services to rectify such defects at nominal charges. 4) any structure/item/specification that is broken or damaged due to mishandling, misuse, wear-and- tear andtear or due to inadequate preventive maintenance by the Allottee(s) or his/her/their/its tenants or occupants of the Said Unit. 5) Extra Items & Changes including materials supplied/procured/delivered by the Allottee(s). 6) damage due to mishandling/misuse/wear and tear due to any construction/addition/alteration/ modification in or of the Said Unit installed or carried out by the Allottee(s) or his/her/their/its agent(s) or due to the result of said damages being caused due to activities/actions of other Allottees or Society after the Promoter has handed over possession of the Said Unit or during any furnishing and interior decoration thereof by the Allottee(s). 7) any use that the Said Unit may be put to in contravention of the terms and conditions herein. 8) Structural defects caused by accidental breaking of fire or any kind of explosion of gas cylinder etc. 9) Structural defects induced anyhow by failure of waterproofing system(s) of the premises or the building. 10) Structural defects induced by Force Majeure situations, such as war, flood, act of God, explosions of any kind by terrorist, Civil Commotion, etc. 11) Structural defects occurring in the Said Unit or Project Building that has undergone civil renovations. 12) In the event of any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned hereinabove) after the handing of possession of the said Apartment to the allottee, the Promoter shall not be responsible for the cost of re-re- instating and/or repairing such damage caused by the Allottee(sAllottee( s) and the Allottee(s) alone shall be liable to rectify and reinstate the same at its own costs and expenses. 13) The Promoter is not directly liable but shall pass on the warranty/liability/guarantee on any bought-out item/specification/fixtures including but not limited to electrical, plumbing, joinery or other fittings and fixtures such as sanitary fittings, switches, etc. that is/are provided/covered by the manufacturer/third party/Vendor. The Promoter/Manufacturer/Third Party/Vendor shall not be liable for the such items once the warranty provided by the Manufacturer/Third Party/Vendor expires. 14) Items excluded from warranty and defect liability, limited to the warranty/guarantee provided by the Third Party/Supplier/Vendor/Manufacturer are: (i) Doors – including shutters, frames and Architraves – are provided considering normal wear and tear. There shall be no guarantees on abuse. Polishing and laminates are also not covered. (ii) Hardware for doors - such as handles, hinges, tower bolts, magnetic eye, door stoppers, screws, anchors, foam filling, adhesives and locks. (iii) UPVC windows – sections – complete with architraves, hardware, insect mesh, components of UPVC windows such as rollers etc,.and glass. (iv) Sanitary and plumbing fixtures (including traps) – any defects arising not out of manufacturing for pipes and fixtures. (v) Tiles for flooring and dado. (vi) Natural stones – thresholds/cooking platform/counters for washbasins. (vii) SS sink – set complete for defects arising NOT out of manufacturing. (viii) Conduits used for electrical works, cables/wires. (ix) All Electrical switches/sockets including cover plates – not arising out of manufacturing. . (x) Fire fighting – hose reel and sprinklers, supply lines/joints, if any.

Appears in 1 contract

Sources: Property Sale Agreement