Common use of Defects Liability Clause in Contracts

Defects Liability. The Promoter shall rectify any structural defects with respect to the Apartment (normal wear and tear is exempted), which shall not be as the result of any commission or omission of the Allottee/s, any damages caused due to the acts of god or natural calamities or fire accidents, any willful or accidental damages caused, any damages caused due to tampering by the Allottee/s, any product that has been installed by the Promoter brought to the notice of the Promoter within 5 years from the date of intimating the readiness to handover of the Apartment or from the date of receipt of Occupation Certificate, whichever is earlier, and thereafter no claim shall be entertained against the Promoter in respect of any alleged defective work in the Apartment and/or Project under any circumstances. The above liability of the Promoter shall be restricted only to rectify / repair the above defects and any consequential damages will not be covered under this Agreement. Structural defects shall not include plastering hairline crack. Third party warranty on products shall be governed by the terms and conditions provided by the manufacturer of the respective products. Provided that the Promoter’s obligation under Defect Liability shall stand automatically cancelled, in case the Allottee/s makes any kind of changes either structural or non-structural (including interiors) which change the manner in which the Apartment was originally handed over by the Promoter to the Allottee/s.

Defects Liability. The Promoter shall rectify any structural defects with respect to the said Apartment (normal wear and tear is exempted), which shall not be as the result of any commission or omission of the Allottee/s, any damages caused due to the acts of god or natural calamities or fire accidents, any willful or accidental damages caused, any damages caused due to tampering by the Allottee/s, any product that has been installed by the Promoter brought to the notice of the Promoter within 5 years from the date of intimating the readiness to handover of the Apartment or from the date of receipt of Occupation Certificate, whichever is earlier, and thereafter no claim shall be entertained against the Promoter in respect of any alleged defective work in the Apartment and/or Project under any circumstances. The above liability of the Promoter shall be restricted only to rectify / repair the above defects and any consequential damages will not be covered under this Agreement. Structural defects shall not include plastering hairline crack. Third party warranty on products shall be governed by the terms and conditions provided by the manufacturer of the respective products. Provided that the Promoter’s obligation under Defect Liability shall stand automatically cancelled, in case the Allottee/s makes any kind of changes either structural or non-structural (including interiors) which change the manner in which the Apartment was originally handed over by the Promoter to the Allottee/s.

Defects Liability. The Promoter shall rectify any structural defects with respect to the Apartment Villa (normal wear and tear is exempted), which shall not be as the result of any commission or omission of the Allottee/s, any damages caused due to the acts of god or natural calamities or fire accidents, any willful or accidental damages caused, any damages caused due to tampering by the Allottee/s, any product that has been installed by the Promoter brought to the notice of the Promoter within 5 years from the date of intimating the readiness to handover of the Apartment Villa or from the date of receipt of Occupation Certificate, whichever is earlier, and thereafter no claim shall be entertained against the Promoter in respect of any alleged defective work in the Apartment Villa and/or Project under any circumstances. The above liability of the Promoter shall be restricted only to rectify / repair the above defects and any consequential damages will not be covered under this Agreement. Structural defects shall not include plastering hairline crack. Third party warranty on products shall be governed by the terms and conditions provided by the manufacturer of the respective products. Provided that the Promoter’s obligation under Defect Liability shall stand automatically cancelled, in case the Allottee/s makes any kind of changes either structural or non-structural (including interiors) which change the manner in which the Apartment Villa was originally handed over by the Promoter to the Allottee/s.

Defects Liability. The Promoter shall rectify any structural defects with respect to the Apartment (normal wear and tear is exempted), which shall not be as the result of any commission or omission of the Allottee/s, any damages caused due to the acts of god or natural calamities or fire accidents, any willful or accidental damages caused, any damages caused due to tampering by the Allottee/s, any product that has been installed by the Promoter brought to the notice of the Promoter within 5 years from the date of intimating the readiness to handover completion of the Apartment or from the date of receipt of Occupation Certificate, whichever is earlier, said Building and thereafter no claim shall be entertained against the Promoter in respect of any alleged defective work in the Apartment and/or Project under any circumstances. The above liability of the Promoter shall be restricted only to rectify / repair the above defects and any consequential damages will not be covered under this Agreement. Structural defects shall not include plastering hairline crack. Third party warranty on products shall be governed by the terms and conditions provided by the manufacturer of the respective products. Provided The Alottee/s agrees and accepts that in the Promoter’s obligation under Defect Liability shall stand automatically cancelled, in case event that the Allottee/s makes undertakes any kind form of changes either heavy civil works for interiors, which may be deemed to have tampered with or interfered with the structural aspects including tiling of the said Apartment, electrical wiring, water pipelines, sewage outlets or non-structural duct areas of the said Apartment, then the Alottee/s shall have waived his/her its rights to invoke defect liability as given hereinabove, and the Promoter (including interiors) which change the manner in which the Apartment was originally handed over other than any corrective actions taken by the Promoter to the Allottee/s.in good faith) shall be released from its obligations in this regard.

Defects Liability. 13.1 The Promoter shall rectify any structural defects with respect to the Apartment (normal wear and tear is exempted), which shall not be as the result of any commission or omission of the Allottee/ss , any damages caused due to the acts of god or natural calamities or fire accidents, any willful or accidental damages caused, any damages caused due to tampering by the Allottee/ss , any product that has been installed by the Promoter brought to the notice of the Promoter within 5 years from the date of intimating the readiness to handover of the Apartment or from the date of receipt of Occupation Certificate, whichever is earlier, and thereafter no claim shall be entertained against the Promoter in respect of any alleged defective work in the Apartment and/or Project under any circumstances. The above liability of the Promoter shall be restricted only to rectify / repair the above defects and any consequential damages will not be covered under this Agreement. Structural defects shall not include plastering hairline crack. Third party warranty on products shall be governed by the terms and conditions provided by the manufacturer of the respective products. Provided that the Promoter’s obligation under Defect Liability shall stand automatically cancelled, in case the Allottee/s makes make/s any kind of changes either structural or non-structural (including interiors) which change the manner in which the Apartment was originally handed over by the Promoter to the Allottee/s.