Common use of DEFECT LIABILITY Clause in Contracts

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties

Appears in 6 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

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DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 5 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over obtaining completion certificate and Notice of possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect liability mentioned herein this agreement shall be subject is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the allottee not making any changes Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of whatsoever naturepurported defect in the Apartment, whether structural or otherwise, or by way of relocation or by tempering or modification of any alters the state and condition of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark area of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplierpurported defect, then the defect liability for Promoter shall be relieved of its obligations contained in clause 14 hereinabove. The Promoter shall obtain all such products/machines/fitments etcinsurances, including but not limited to insurance of this Project including Land and the cost of such Insurance till transfer of the Insurance in favor of the Association of Apartment Owners. shall form part of the common expenses proportionate share whereof shall be restricted and limited to borne by the warranty liability provided by such manufacturer/supplier and Allottees. After expiry of the Insurance the Association of Allottees shall be responsible for renewing the same. It is clarified that the above said responsibility of the Promoter shall not at cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard xxxxx.Xx is agreed and recorded that the allottee of flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non-payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable to provide any cure/cover over and as default on its part under this clause. Notwithstanding anything contained in the above clause the terms and conditions of such respective warrantiesfollowing exclusions are made :

Appears in 5 contracts

Samples: Master Hira Buyers Agreement, Master Hira Buyers Agreement, Master Hira Buyers Agreement

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesshall

Appears in 5 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesherein

Appears in 4 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 3rd (Third) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 4 contracts

Samples: www.rera.mp.gov.in, www.rera.mp.gov.in, rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 2nd (Second) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Duplex / Row Houses or areas appurtenant to the apartment Duplex / Row House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 3 contracts

Samples: www.rera.mp.gov.in, rera.mp.gov.in, www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that however, The Allottee/s shall not, without the defect liability mentioned herein this agreement shall be subject prior written consent of the concerned Local Authority as well as Promoter to the allottee not making carry out any changes alterations of whatsoever nature, whether structural nature in the said Unit or otherwise, or by way of relocation or by tempering or modification of make any alterations in any of the installed fittings, pipes, water supply connections as this may result in seepage of water. The Allottee/s shall also not chisel or cause damage to the columns, beams, walls, slabs, R.C.C. members and other structural members or damage the water proofing of the flooring of the said Unit and do or omit to do any act which may result in damage to the said Unit. If any of such works are carried out without the written consent of the Promoter, the liability of the Promoter under the Real Estate (Regulation and Development) Xxx 0000 to rectify defects automatically shall become void and Allottee/s shall be liable to pay all costs and damages towards restoration, repairs etc. arising from such unauthorized works. Notwithstanding anything to the contrary contained hereinabove as regards Items/ Goods/ Systems such as Lifts, Fire-Fighting Equipment, Solar Heating System, Sewage Treatment Plant, Organic Waste Converter, Sanitary Fittings, C.P. Fittings, Electrical and Electronic peripherals, Doors and hardware, Windows, Tiles, Glass, Wooden Flooring etc. procured from manufacturers / third parties, to be provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession the Promoter in the apartments or areas appurtenant to said Project and/or in the apartment will not be covered under said Unit, the defect liability. Provided also that the benchmark of the workmanship Promoter’s liability for any manufacturing defects therein shall be governed as specified in PWD norms concurrent with and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided period of Warranty given by the Manufacturers of such manufacturerItems/ Goods/ Systems and shall not extend beyond such periods. Further, such warranties pertaining to such Items/ Goods/ Systems which require periodic maintenance shall become null and void if such periodic maintenance is not attended to by the Allottee / Co-operative Housing Society formed of the purchasers of Flats/ Units in the said Project. If there is any dispute regarding any defect in the building or material used within five years from the date of handing over possession, then first the Allottee/supplier and s shall inform the customer care department of the Promoter and resolve the issues amicably and mutually. The Promoter shall arrange inspection through its engineer in respect of the defects and if it is found that such defects are due to wear and tear / non periodic maintenance / misuse / mishandling of the materials / unit / building, then Promoter would not at all be liable to provide rectify such defects. Promoter would also not be liable to rectify the defects like minor hairline cracks on the external and internal walls including RCC structure which might occur due to variation of heat intensity / weathering as these do not affect the structural stability of the Building and hence does not amount to structural defect or bad workmanship defect. Allottee/s shall be at liberty to approach concern authority and refer the matter for the decision of Adjudicating Officer appointed under the said Act in the event of defects being not resolved to his / her satisfaction by the Promoter. The Purchasers with prior permission of the Promoters and on furnishing necessary undertaking/declaration shall take soft possession of the said Premises for carrying out internal changes / interior works in the said Premises. The said internal changes / interior works shall be done by Purchasers as per the rule and regulation and guidelines of the prevailing laws. The Purchasers shall be liable for any cure/cover over and mishap or entire acts of the external agency appointed by him or its agents or contractor or sub contractor. The Purchasers hereby declares that the Purchasers shall not claim for any deficiency or defect on account of the work done by the Purchasers or his external agency under above the terms and conditions of such respective warrantiespara

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 2nd (Second) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 2 contracts

Samples: www.rera.mp.gov.in, www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first plot of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments plot or areas appurtenant to the apartment plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 2 contracts

Samples: www.rera.mp.gov.in, www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or of provision of services or any other obligations of the Owner/Promoter as per the agreement for sale relating to such development is brought to the notice of the Owner/Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Owner/Promoter to rectify such defects without further charge, within 30 (thirty) days, days and in the event of Owner/Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. It is clarified that the aforesaid responsibility of the Owner/Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottee of flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non-payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the Owner/promoter should not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Owner/Promoter to the Allottee ends before the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be period and such warranties are covered under the defect liability. Provided also that the benchmark maintenance of the workmanship shall be governed as specified in PWD norms said Unit/building/phase wing and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that if the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered annual maintenance contracts are not done/renewed by the manufacturer / supplier of such fitmentsallottees, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such productsOwner/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/Manufacturers that all equipment, fixtures and fittings shall be liable maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to provide continue warranty in both the Apartments and the Common project amenities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 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 cureliability of defect is claimed by or on behalf of 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 built by the Unit /phase/cover over wing and above in the terms and conditions workmanship executed keeping in mind the aforesaid agreed clauses of such respective warrantiesthis Agreement.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesto

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case If within a period of five years from the date of handing over the plot to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the project in which the plot is situated or any other defect in defects on account of workmanship, quality or provision of services or any other obligations of service, then, wherever possible such defects shall be rectified by the Promoter as per the agreement for sale relating to such development at his own cost and in case it is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter not possible to rectify such defects without further chargedefects, within 30 (thirty) days, and in then the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under the Act. Provided The regular maintenance and due care has been taken by Allottees own cost to keep the plot in good conditions and repairs from the date of possession. Also to carry out at his own cost all internal repairs to the said project and maintain the plot in the same condition, state and order in which it was delivered by the Promoter to the Allottee. The word defect here means only the manufacturing and workmanship defect/s caused on account of willful neglect on the part of the Promoter, and shall not mean defects caused by normal wear and tear and by negligent use of common amenities, roads, water pipes, electrical connections etc. by the Occupants, vagaries of nature etc. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers that the defect liability mentioned herein this agreement all equipment's, fixtures and fittings shall be subject maintained and covered by maintenance / warranty contracts so as to be sustainable and in proper working condition to continue warranty in both the allottee not making plot and the common project amenities wherever applicable. It is expressly agreed that before any changes liability of whatsoever nature, whether structural defect is claimed by or otherwise, or by way of relocation or by tempering or modification of any on behalf of the installed or provided componentsAllottee, facilitiesit shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials used, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark structure built of the unit/phase/wing and in the workmanship shall be governed as specified executed keeping in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light mind the aforesaid agreed clause of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesthis agreement.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 3rd (Third) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Duplex / Row Houses or areas appurtenant to the apartment Duplex / Row House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 2 contracts

Samples: rera.mp.gov.in, www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessioncompletion/occupancy certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering tampering or modification of any of the installed or provided components, facilities, fitments, finishesfinishes and/or misuse of the areas/facilities/machines/fitments/lifts etc. Any breakage or damage, intentional misuse or by negligenceimproper usage, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession of the first flat of the block, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/products/ machines/ fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first plot of the 1st phase of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments plot or areas appurtenant to the apartment plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first EWS/LIG Flat of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments EWS/LIG Flat or areas appurtenant to the apartment EWS/LIG Flat will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessioncompletion/occupancy certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments apartment / units or areas appurtenant to the apartment / unit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties. Provided however that any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not to making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes charges of whatsoever nature, whether structural or otherwise, otherwise or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or of products etc. for the which there is a separate warranty rendered by the manufacturer / supplier /supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/ supplier, then the defect liability for such products/machinesproducts /machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier supplies and the Promoter promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or • Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/products/ machines/ fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Row House/Bungolow/shop/flat of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Row House / Bungalow of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Row House/ Bungalows or areas appurtenant to the apartment Row House/ Bungalow will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Apartment/Flat/Shop of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Apartment/Flat/Shop s or areas appurtenant to the apartment Apartment/Flat/Shop will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the agreement for sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee Purchasers from the date of handing over possessionobtaining completion certificate, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Developer's failure to rectify such defects within such time, the aggrieved Allottees Purchasers shall be entitled to receive appropriate compensation in the manner as provided under the ActAct It is clarified that the above said responsibility of the Developer shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Provided that where the manufacturer warranty as shown by the Developer to the Purchasers ends before the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be period and such warranties are covered under the defect liabilitymaintenance of the said Unit/building/phase wing and if the annual maintenance contracts are not done/renewed by the Purchasers, the Developer shall not be responsible for any defects occurring due to the same. Provided also The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/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 wherever applicable. The Purchasers has been made aware and the Purchasers expressly agrees that the benchmark regular wear and tear of the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to shrinkage in concrete, block wok/brick work, plaster, which Is inherent property of cementitious material 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 Purchasers it shall be governed as specified in PWD norms and schedules. Any dispute relating necessary to workmanship defect appoint an expert who shall be resolved a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in light of these norms only. Provided however that material used in the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered structure built by the manufacturer / supplier Unit /phase/wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesthis Agreement.

Appears in 1 contract

Samples: 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 Vendors as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter Vendors within a period of 5 (five) years by the Allottee Vendee from the date of handing over possession, it shall be the duty of the Promoter Vendors to rectify such defects without further charge, within 30 90 (thirtyninety) days, and in the event of Promoter’s the Vendors’ failure to rectify such defects within such time, the aggrieved Allottees vendees shall be entitled to receive appropriate compensation in the manner as provided under the Act: Provided that, the Vendors shall not be liable for any such structural/ architectural/interior defect induced by the Vendee, by means of carrying out structural or architectural or interior changes from the original specifications/ design. Provided that further that, the Vendors shall not be liable forrectification of any such defect as stated above in case of the Vendee fails to take over possession of the Apartment within180 days of the offer of possession of the same by the Vendors. That the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier effect in construction (i.e. structure) however, air cracks in plaster masonry and the Promoter general wear and tear shall not at all be liable to provide any cure/considered as structural defect. Defect liability shall not cover over and above Force Majeure situations. The defect liability shall not be applicable on the terms and conditions bought-out items, most of which are covered under warranty by manufacturers themselves. However, in the event of reoccurring problems with the bought-out items purchased from third party vendors which shall have warranties from their respective manufacturers the Vendors shall cooperate with the Vendee in rectifying such respective warrantiesdefects.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee(s) from the date of handing over possession, 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 Allottees Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. Provided It is clarified that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes above said responsibility of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard xxxxx.Xx is agreed and recorded that the allottee of apartments should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non- payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Promoter to provide the Allottee ends before the defect liability period and such warranties are covered under the maintenance of the said Unit/building/phase wing and if the annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any curedefects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/cover over Manufacturers that all equipments, fixtures and above 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 terms Apartments and conditions the Common project amenities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of such respective warrantiesthe Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 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 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 built by the Unit /phase/wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments House or areas appurtenant to the apartment House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products like CP fittings, Sanitary fitting, Electrical fittings, Pump, water tank etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products like CP fittings, Sanitary fitting, Electrical fittings, Pump, water tank etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments like CP fittings, Sanitary fitting, Electrical fittings, Pump, water tank etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided It is clarified that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes above said responsibility of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipment (v) accident and (iv) negligent use. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee ends before the defect liability period and such warranties are covered under the maintenance of the said Unit/building/phase wing and if the annual maintenance contracts are not done/renewed by the allottees, the Promoter shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/Manufacturers that all equipment, fixtures and fittings shall be liable maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to provide continue warranty in both the Apartments and the Common project amenities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to shrinkage in concrete, brick work, plaster, which is inherent property of cementitious material 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 cureliability of defect is claimed by or on behalf of 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 built by the Unit /phase/cover over wing and above in the terms and conditions workmanship executed keeping in mind the aforesaid agreed clauses of such respective warrantiesthis Agreement.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall Formatted: Font: 12 pt, Complex Script Font: 12 pt Formatted: Font: 12 pt, Complex Script Font: 12 pt Formatted: Font: 12 pt, Complex Script Font: 12 pt Formatted: Font: 12 pt, Complex Script Font: 12 pt not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments apartmentUnits or areas appurtenant to the apartment apartmentUnit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: www.rera.mp.gov.in

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DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within Promoterwithin a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or receipt of the completion certificate whichever 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 Allottees shall be entitled to receive appropriate compensation in the manner as provided under the ActXxx.Xx terms of the provisions of the RERA Act & Rules, the word defect hereinabove stated shall mean only the structural defects caused on account of workmanship, quality or provision of service and shall not mean defects caused by normal wear and tear,negligent use of the said flat, Abnormal fluctuations in the temperatures,abnormal heavy rains etc. Provided Any external leakage or external defects to the new building being detected within the above mentioned period of 5 years, the same shall be rectified by the Developer, however any internal repairs inside the flat, not attributable to the Prmoter, shall be carried out by the purchaser at his /her own cost. It is clarified that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed promoter shall not be extended to any such defect if same have been caused by reason of the default and /or negligence of the purchaser or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession any other purchaser in the apartments or areas appurtenant to building including the apartment will not be covered under family members, servants, occupants, against the defect liabilityguidelines, precautions, warranties, warning on the products provided by the promoters/utility providers for the said flat/building/block. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that For any Branded products/material the warranty of will be applied as per the fitments, machines or products etc. for which there is a separate warranty rendered as provided by the manufacturer / supplier concerned branded products and such liability will be cast upon owner company of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such branded products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesservices.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or date when the possession was offered or Completion/ Occupancy Certificate whichever is earlier. Any defect or insufficiency in the allotted Unit with respect to workmanship, it quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER,ifbrought to its notice within 1 (one) month of taking possession by the Allottee. It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or of common areas appurtenant to the apartment said Unit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and the above the terms and conditions of such respective warranties. It is clearly agreed between the promoter and allottee that the defect liability clause is not applicable in regard to the simple repair and maintenance, damage or loss caused due to negligence or mishandling of allottee.

Appears in 1 contract

Samples: Agreement for Sale Viraj Shanti Kunj

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments offices or areas appurtenant to the apartment office will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessioncompletion/occupancy certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering tampering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligencebreakage, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 3rd (Third) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Duplex / Row Houses or areas appurtenant to the apartment Duplex / Row House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Row House / Bungalow of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Row House/ Bungalows or areas appurtenant to the apartment Plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period until society handover to the association of 5 (five) years Allottee, by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee Allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided componentscomponent, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified specific in PWD norms and schedulesschedule. Any dispute disputes relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines machines, or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacture/ supplier, then the defect liability for such products/machines/fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturermanufacturers/supplier and the Promoter promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it or from the date of notice of handing over of possession given by the promoter to the allottee or Completion/ Occupancy Certificate whichever is earlier. Any defect or insufficiency in the allotted Unit with respect to workmanship, quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER . It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or of common areas appurtenant to the apartment said Unit will not be covered under the defect liability. Provided also that If any defect or damage is caused due to the benchmark mishandling of the workmanship allottee or allottee, then such defect and damage is required to be cure by such allottee or allottees and promoter shall not be governed as specified in PWD norms and schedules. Any dispute relating to workmanship liable for such defect shall be resolved in light of these norms onlyor damage. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. etc shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and the above the terms and conditions of such respective warranties. It is clearly agreed between the promoter and allottee that the defect liability clause is not applicable in regard to the wear & tear and repair and maintenance.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Apartment/Shop/Flat of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Apartment/Shop/Flat /Shop/Flat s or areas appurtenant to the apartment Apartment/Shop/Flat will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development development(Other than normal wear and tear) is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossessionand/or the date whenthe possession was offered to allottee,, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. .Provided that the defect thedefect liability mentioned herein this agreement shall be subject to the allottee not of making any changes of whatsoever what so ever nature, whether structural or otherwise, or by way of relocation or of by tempering or modification of any of the installed installed/ construct new wall , column, beam or any part of structure done allottee himself/herself or done by promoter on the written request of allottee or provided components, facilities, fitments, finishes. Any finished, any breakage or damage, damage intentional or by negligenceunintentional defect caused due to negligence or default of allottee or any other person on behalf of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also further that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the guaranty / warranty of the fitments, machines machines, products or products services etc are given by the supplier/provider of goods, material or services etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for fitments, products or services etc. For which there is a separate guarantee / warranty provided by its respective manufacturer / supplier, then such manufacturer/trader/supplier the defect liability for such products/machinesmachine/fitments product/ fitments/services etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturer/trader/supplier and the Promoter promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or Completion/ Occupancy Certificate whichever is earlier. Any defect or insufficiency in the allotted Unit with respect to workmanship, it quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER, if brought to its notice within 1 (one) month of taking possession by the Allottee. It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or of common areas appurtenant to the apartment said Unit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. etc shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and the above the terms and conditions of such respective warranties. It is clearly agreed between the promoter and allottee that the defect liability clause is not applicable in regard to the simple repair and maintenance.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Apartment/Shop/Flat of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Apartment/Shop/Flat s or areas appurtenant to the apartment Apartment/Shop/Flat will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 90 (thirtyninety) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever naturethat, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable for (i) any such structural / architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications / design, or (ii) any act, omission or negligence attributable to provide the Allottee or non-compliance of any cure/cover over Applicable Laws by the Allottee; or (iii) ordinary wear and above tear in due course. The application for adjudging quantum of compensation shall be made to adjudicating officer. In case there is dispute about whether there is any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per this Agreement, the Authority may conduct an inquiry and give its findings and may issue appropriate orders or directions in this regard. The Allottee also agrees and understands that the Promoter shall not be held responsible or liable for giving any warranty of movable items / appliances which have been part of the Apartment and for which manufacturer of the said items is responsible such as air conditioners, fittings, fixtures cables, wires, bulbs etc. as the same shall be governed by the terms and conditions of the manufacturer and warranties attached thereto. The Promoter shall transfer the warranty provided by the manufacturer / vendor to the Allottee and any claim or dispute in this regard, shall be raised by the Allottee, directly with the original equipment manufacturer / vendor. The usage of all the fixtures, fittings and other installations whether in terms of this Agreement or otherwise shall be as per the usage guidelines as provided by the Promoter / the manufacturer / the Maintenance Agency / the association of allottees. RIGHT TO ENTER THE UNIT / APARTMENT FOR REPAIRS AND MAINTENANCE WORKS: The Promoter / maintenance agency / association of allottees / competent authority shall have rights of access of Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the association of allottees and / or maintenance agency / competent authority to enter into the Apartment for residential usage after giving due notice and entering the Apartment during the normal working hours, unless the circumstances warrant otherwise, with a view to rectify such respective warrantiesdefect(s).

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall Formatted: Font: 12 pt, Complex Script Font: 12 pt not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties. Formatted: Font: 12 pt, Complex Script Font: 12 pt

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first plot of the 1st phase of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments plot or areas appurtenant to the apartment plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 3rd (Third) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Duplex/Row Houses or areas appurtenant to the apartment Duplex/Row House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: www.rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period until society handover to the association of 5 (five) years Allottee, by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee Allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided componentscomponent, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified specific in PWD norms and schedulesschedule. Any dispute disputes relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines machines, or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacture/ supplier, then the defect liability for such products/machines/fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturermanufacturers/supplier and the Promoter promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 2rd (Second) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: rera.mp.gov.in

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to the internal/external development and/or common area facilities/amenities and such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Plot of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee or association of Allottees as the case may be shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee or association of Allottees as the case may be,not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishesfinishes the internal/external development and/or common area facilities/amenities. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Plots or areas appurtenant to the apartment Plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement

DEFECT LIABILITY. It is agreed that in case If within a period of five years from the date of handing over the Shop/Shop to the Purchaser/ Allottee, the Purchaser/ Allottee brings to the notice of the Promoter any structural defect in the Shop/Shop/Unit or the building in which the Shop/Shop/Unit are situated or any other defect in defects on account of workmanship, quality or provision of services or any other obligations of service, then, wherever possible such defects shall be rectified by the Promoter as per the agreement for sale relating to such development at his own cost and in case it is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter not possible to rectify such defects without further chargedefects, within 30 (thirty) days, and in then the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Purchaser/ Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under the Act. Provided Refer the clause 14 (i) & (iii) provided however, that regular maintenance and due care has been taken by Purchaser / Allottee/s own cost to keep the Shop/Shop/Unit in good conditions and repairs from the date of possession. Also to carry out at his own cost all internal repairs to the said Shop / Shop / Unit and maintain the Shop/Shop/Unit in the same condition, state and order in which it was delivered by the Promoter to the Purchasers/Allottee. That the Purchaser/s/ Allottee/s shall not carry out any alterations of the whatsoever nature in the said Shop/Shop/Unit of phase/wing and in specific the structure of the said unit/wing/phase of the said building which shall include but not limit to columns, beams etc. Or in the fittings therein, in pipes, water supply connections or any erection or alteration in the structure, which may result in seepage of the water. If any of such works are carried out without the written consent of the Promoter the defect liability mentioned herein this agreement automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of Shop/Shop/Unit by the Occupants, vagaries of nature etc. Defects in fittings and fixtures are not included herein. That it shall be subject the responsibility of the Purchaser/s/ Allottee/s to maintain his unit in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his Shop/Shop/Unit are regularly filled with white cement/epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the developer to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of / purchaser ends before the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be defects liability period and such warranties are covered under the defect liability. Provided also that the benchmark maintenance of the workmanship shall be governed as specified in PWD norms said unit/building/phase/wing, and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that if the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered annual maintenance contracts are not done / renewed by the manufacturer / supplier of Purchaser/s/ Allottee/s, in such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the case Promoter shall not at be responsible for any defects occurring due to the same. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers that all equipment's, fixtures and fittings shall be liable maintained and covered by maintenance / warranty contracts so as to provide be sustainable and in proper working condition to continue warranty in both the Shop/Shop/Unit and the common project amenities wherever applicable. That the allottee/ purchaser has been made aware and that the allottee expressly agrees that the regular wear and tear of the unit/building/phase/wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 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 cureliability of defect is claimed by or on behalf of the Purchaser / Allottee, it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials used, in the structure built of the unit/cover over phase/wing and above in the terms and conditions workmanship executed keeping in mind the aforesaid agreed clause of such respective warrantiesthis agreement.

Appears in 1 contract

Samples: Agreement for Sale Vardhman Medical

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments shops or areas appurtenant to the apartment shop will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.

Appears in 1 contract

Samples: rera.mp.gov.in

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