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 by the Allottee within a period of 5 (five) years from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

DEFECT LIABILITY. It is agreed that in case any structural defect or in construction (excluding 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 purchased materials and/or items) is brought to the notice of the Promoter by the Allottee Vendor/ Developer within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may behanding over deemed possession, the Parties Vendor/ Developer shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter take steps to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterVendor’s/ Developer’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further That However that the obligation Vendor/ Developer shall not be liable under any circumstances if any additions, alterations and/or modifications etc. have been made in the Buildings, Common Areas and/or any of the Apartment Units by the Allottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. It is further made clear that the structural defect, if any, must be certified by a licensed Architect that it is a defect made at the time of construction and is not due to wear and tear and/or due to weather elements and/or natural causes /calamities and/or due to any additions, alterations and/or modifications, etc. made by any of the Allottees and/or occupants of the Building. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottees, without first notifying the Vendor/ Developer and without giving the Vendor/ Developer the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Vendor/ Developer shall be relieved of its obligations contained hereinabove in this clause. However, the Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in temperature of more than 20 degree centigrade which do not amount of the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is expressly agreed that before any liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event is claimed by or owing to act or omission on behalf of the Allottee or any other allottees or Association allottee it shall be necessary to appoint an expert/ surveyor to be nominated by the architect of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view said project, who shall survey and assess the same or if and then submit report to state the related annual maintenance contracts defects in material used in the structure and other licenses are not validly maintained by in the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allotteeworkmanship executed.

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 by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy obtaining completion certificate and/or partial occupancy certificate and Notice of the building in which the Unit is situatedpossession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further That that the obligation Promoter shall not be liable to compensate if the defect is attributable to any acts or liability 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 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 purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause hereinabove. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project 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 borne by the Allottees. It is clarified that the above said responsibility of the Promoter shall not arise if cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the defect has arisen owing Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to any Force Majeure event maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or owing to act or omission 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 Allottee or any other allottees or Association project and its facilities and amenities during the period of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual first five years and thereafter. In case non-payment of maintenance contracts and other licenses are not validly maintained charges by the association allottee and there being discontinuation of allottees or competent authorityproper maintenance in that event the promoter should not be held as liable as default on its part under this clause. The Allottee is/Notwithstanding anything contained in the above clause the following exclusions are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.made

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building in which the Unit is situated, as the case may be, the Parties parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirtyThirty ) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

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 by the Allottee promoter within a period of 5 (five) years by the Allottee from the date of handing over possession or the date of issue the completion / occupancy certificate and/or partial occupancy certificate of the building in which the Unit certificate, whichever is situatedearlier, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That Act. It is expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving to the Promoter the opportunity to inspect assess and determine the nature of such defect, alters the state and condition of such defect, then the Promoter shall be relieved of its obligations contained in the para immediately preceding and the Allottee shall not be entitled to any cost or compensation in respect thereof. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers that all equipments, fittings and fixtures shall be maintained and covered by the maintenance/warranty contracts in order to continue the warranty in both the Apartment and the common amenities/facilities in the Project. It is also agreed that the obligation or and liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or the Association of allottees Allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts contract and other licenses are not validly maintained by the association Allottee/Association of allottees or competent authorityAllottees/Competent Authority. The Allottee ishas been made aware and expressly agrees that the regular wear and tear of the Apartment/are aware Building Block/Project excludes minor hairline cracks on the external and internal walls (excluding RCC structure) which happens due to variation of temperature 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 changeliability of defect is claimed by or on behalf of the Allottee/Association of Allottees, alteration including breaking of walls 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 whether there is any structural defect or any structural members other defect in workmanship, quality or the construction provision of any new wall or structural member will result services in immediate cessation terms of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in aforesaid agreed clauses of this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the AllotteeAgreement.

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 by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy obtaining completion certificate and/or partial occupancy certificate and Notice of the building in which the Unit is situatedpossession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects 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 Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further That that the obligation Promoter shall not be liable to compensate if the defect is attributable to any acts or liability 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 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 purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause hereinabove. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project 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 borne by the Allottees. It is clarified that the above said responsibility of the Promoter shall not arise if cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the defect has arisen owing Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to any Force Majeure event maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or owing to act or omission 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 Allottee or any other allottees or Association project and its facilities and amenities during the period of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual first five years and thereafter. In case non-payment of maintenance contracts and other licenses are not validly maintained charges by the association allottee and there being discontinuation of allottees or competent authorityproper maintenance in that event the promoter should not be held as liable as default on its part under this clause. The Allottee is/Notwithstanding anything contained in the above clause the following exclusions are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.made

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedobtaining completion certificate, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to commence the work 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 Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further however that the maintenance changes are upto date paid by allottee. Provided That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees Allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. It is clarified that the above said responsibility of the 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/equipment (v) accident and (iv) negligent use. The Allottee ishas been made aware and the Allottee expressly agrees that the regular wear and tear of the Unit/are aware that any change, alteration including breaking Building/Phase and minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of walls or any more than 20 degree Celsiusand which do not amount to structural members or the construction of any new wall defects and hence cannot be attributed to either bad workmanship or structural member will result in immediate cessation 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 nominated by the architect of the Promoter’s obligation to rectify any defects or compensate for project who shall survey and assess the same as mentioned and then submit a report to state the defects in material used in the structure and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the AllotteeAgreement.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That Act. In case any such defect in quality or provision of services by the obligation or liability Promoter at the Project, reasonably and in the ordinary course requires additional time beyond the said 90 (ninety) days having regard to the nature of defect, then the Promoter shall not arise if the defect be entitled to such additional time period, provided an intimation thereof has arisen owing been provided to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by / the association of allottees or competent authority/ the maintenance agency, as the case may be, prior to expiry of the said initial 90 (ninety) days. The Promoter / Allottee / the association of allottees / the Maintenance Agency shall mutually work upon and agree to a reasonable and justifiable additional time period for rectification of such defects. The Allottee is/are aware that hereby agrees to such additional time / extension of time. The application for adjudging quantum of compensation shall be made to adjudicating officer. In case there is dispute about whether there is any change, alteration including breaking of walls structural defect or any structural members other defect in workmanship, quality or the construction provision of services or any new wall or structural member will result in immediate cessation other obligations of the Promoter’s obligation Promoter as per the agreement for sale relating to rectify any defects such development, the authority may conduct an inquiry and give its findings and may issue appropriate orders or compensate for the same as mentioned directions in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allotteeregard.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedobtaining completion certificate, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to commence the work 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 Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further however that the maintenance changes are upto date paid by allottee. Provided That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees Allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. It is clarified that the above said responsibility of the 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/equipment (v) accident and (iv) negligent use. The Allottee ishas been made aware and the Allottee expressly agrees that the regular wear and tear of the Unit/are aware that any change, alteration including breaking Building/Phase and minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of walls or any more than 20 degree Celsius and which do not amount to structural members or the construction of any new wall defects and hence cannot be attributed to either bad workmanship or structural member will result in immediate cessation 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 nominated by the architect of the Promoter’s obligation to rectify any defects or compensate for project who shall survey and assess the same as mentioned and then submit a report to state the defects in material used in the structure and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the AllotteeAgreement.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality of or provision of services or any other obligations of the Promoter as per the agreement for sale Sale Agreement relating to such development is brought to the notice of the Promoter by the Allottee Purchaser within a period of 5 (five) years from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to force majeure or normal wear and tear or any Force Majeure event or owing to act or omission of the Allottee Purchaser or any other allottees Co-owner or Association of allottees and/or any other person or if the portion portion/item alleged to have the defect has not been maintained in a proper good and repaired condition has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees Association/ maintenance in charge or competent authorityauthority or if the defect arises due to force majeure. The Allottee is/are Purchaser is aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the AllotteePurchaser.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building in which the Unit is situated, as the case may be, the Parties parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

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 by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 90 (thirtyninety) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further That the obligation or liability of that, the Promoter shall not arise if be liable for (i) any such structural/ architectural defect induced by the defect has arisen owing Allottee, by means of carrying out structural or architectural changes from the original specifications/ design, or (ii) any act, omission or negligence attributable to any Force Majeure event or owing to act or omission of the Allottee or non-compliance of any other allottees Applicable Laws by the Allottee; or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before (iii) ordinary wear and tear in due course. The Allottee also agrees and understands that the Promoter shall not be held responsible or liable for giving any warranty of movable items / appliances which have been part of the Apartment and for which manufacturer of the said items is able to view 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 if dispute in this regard, shall be raised by the related annual maintenance contracts Allottee, directly with the original equipment manufacturer / vendor. The usage of all the fixtures, fittings and other licenses are not validly maintained 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 or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allotteeallottees.

DEFECT LIABILITY. It is agreed that in case any structural defect or in construction (excluding 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 purchased materials and/or items) is brought to the notice of the Promoter by the Allottee Developer within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may behanding over deemed possession, the Parties Developer shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter take steps to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterDeveloper’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That However that the obligation Developer shall not be liable under any circumstances if any additions, alterations and/or modifications etc. have been made in the Buildings, Common Areas and/or any of the Apartment Units by the Allottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. It is further made clear that the structural defect, if any, must be certified by a licensed Architect that it is a defect made at the time of construction and is not due to wear and tear and/or due to weather elements and/or natural causes /calamities and/or due to any additions, alterations and/or modifications, etc. made by any of the Allottees and/or occupants of the Building. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottees, without first notifying the Developer and without giving the Developer the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Developer shall be relieved of its obligations contained hereinabove in this clause. However, the Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in temperature of more than 20 degree centigrade which do not amount of the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is expressly agreed that before any liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event is claimed by or owing to act or omission on behalf of the Allottee or any other allottees or Association allottee it shall be necessary to appoint an expert/ surveyor to be nominated by the architect of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view said project, who shall survey and assess the same or if and then submit report to state the related annual maintenance contracts defects in material used in the structure and other licenses are not validly maintained by in the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allotteeworkmanship executed.

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 by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects through the structural engineer 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 Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further That that the obligation Promoter shall not be liable to compensate if the defect is attributable to any acts or liability 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 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 purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 13 hereinabove. It is clarified that the above said responsibility of the Promoter shall not arise if cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the defect has arisen owing Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to any Force Majeure event maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or owing to act or omission 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 Allottee or any other allottees or Association project and its facilities and amenities during the period of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual first five years and thereafter. In case non-payment of maintenance contracts and other licenses are not validly maintained charges by the association allottee and there being discontinuation of allottees or competent authorityproper maintenance in that event the promoter should not be held as liable as default on its part under this clause. The Allottee is/Notwithstanding anything contained in the above clause the following exclusions are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.made

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 by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy obtaining completion certificate and/or partial occupancy certificate and Notice of the building in which the Unit is situatedpossession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further That that the obligation Promoter shall not be liable to compensate if the defect is attributable to any acts or liability 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 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 purported defect in the Row House/Bungalow, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 14 hereinabove. The Promoter shall obtain all such insurances, 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 Row House/Bungalow Owners. shall form part of the common expenses proportionate share whereof shall be borne by the 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 arise if cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the defect has arisen owing Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to any Force Majeure event maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or owing to act or omission 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 Allottee or any other allottees or Association project and its facilities and amenities during the period of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual first five years and thereafter. In case non-payment of maintenance contracts and other licenses are not validly maintained charges by the association allottee and there being discontinuation of allottees or competent authorityproper maintenance in that event the promoter should not be held as liable as default on its part under this clause. The Allottee is/Notwithstanding anything contained in the above clause the following exclusions are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.made

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are is aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s Promoter‟s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

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 (as defined under Rule 2(u) of the Promoter as per the agreement for sale relating to such development Rules) is brought to the notice of the Promoter by the Allottee within a period of 5 five (five05) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate handing over possession of the building in which the Unit is situatedApartment, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify undertake the rectification of such defects without further charge, within 30 ninety (thirty90) days, and in the event of the Promoter’s failure to rectify such defects within such timedefects, the aggrieved Allottee allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act reasonable cost for rectification of such defect. Provided Further That the obligation or liability of that, the Promoter shall not arise if the be liable for any structural / architectural defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained induced by the association allottee(s), by means of allottees carrying out structural or competent authorityarchitectural changes from the original plans/layouts/specifications/designs. The Allottee is/are is aware that any changechanges, alteration alterations including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Building at various places or in its entirety and hence any changes or alterations as mentioned hereinabove will result in immediate cessation ceasing of the Promoter’s obligation to all the allottees of the said Building, including the Allottee herein, to rectify any defects defect(s) or compensate for the same as mentioned in this Clauseclause and the Allottee/ association of allottees shall have no claims of whatsoever nature against the Promoter in this regard. The decision Allottee has been informed and has agreed that the Promoter will procure, if available, insurance towards workmanship, quality and services provided as per the Agreement, for the Project for upto 05 years and the cost towards the same shall be recovered from the Initial Working Capital Deposit and/or from the Hotel Business as such costs are part of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the AllotteeHotel Expenses.

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 to sell relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate offer of the building in which the Unit is situatedpossession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That Act. If there is any damage or destruction in the obligation Project or liability any portions thereof for any reason other than structural defects, where such damage or destruction occurs after the completion of the Project, all the Apartment/Villa owners shall have the right to repair or rebuild such structural defect and the Apartment/Villa therein. Subject to Applicable Law, the repair or reconstruction of the Project, shall be carried out on the basis of the sanctioned plan and other approvals that may be required. All the Apartment/Villa owners of the Project which is damaged or destroyed shall bear the cost of such repair or reconstruction in a fair and equitable manner and may utilise the funds available with the Association of Allottees for these purposes in accordance with the rules and regulations stated herein. Without prejudice to the foregoing, the Allottee agrees that the proceeds of any insurance that may be obtained by the Association of Allottees for insuring Project against any such damage or destruction, shall be utilized only for the purpose of such repair or reconstruction. The Allottee acknowledges that there are several products /equipment /services to be provided by third party (for example lifts, AC, wardrobes, Fans, lights, etc.) in the said Apartment/Villa. The warranty and guarantee provided by the respective third party may be available to the Allottee as per the products/equipment /services specifications and the Allottee can approach such third parties directly for such warranty or guarantee claims. The Promoter shall not arise if the defect has arisen owing to be responsible for warranty or guarantee for any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allotteesuch third party products/ equipment / services.

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 by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects 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 Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project 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 borne by the Allottees. Provided Further That that where the obligation or 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 arise if be responsible for any defects occurring due to the defect same. The Project as a whole has arisen owing to any Force Majeure event or owing to act or omission of been conceived, designed and constructed based on the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts commitments and other licenses are not validly maintained warranties given by the association of allottees or competent authorityVendors/Manufacturers that all equipments, 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 Allottee ishas been made aware and the Allottee expressly agrees that the regular wear and tear of the Unit/are aware that any change, alteration including breaking 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 walls or any more than 20* C and which do not amount to structural members or the construction of any new wall defects and hence cannot be attributed to either bad workmanship or structural member will result in immediate cessation defect. It is expressly agreed that before any liability of the Promoter’s obligation defect is claimed by or on behalf of Allottee it shall be necessary to rectify any defects or compensate for appoint an expert who shall be a nominated surveyor who shall survey and assess the same as mentioned 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 Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the AllotteeAgreement.

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 to sell relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate offer of the building in which the Unit is situatedpossession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That Act. If there is any damage or destruction in the obligation Project or liability any portions thereof for any reason other than structural defects, where such damage or destruction occurs after the completion of the Project, all the Plot owners shall have the right to repair or rebuild such structural defect and the Plot therein. Subject to Applicable Law, the repair or reconstruction of the Project, shall be carried out on the basis of the sanctioned plan and other approvals that may be required. All the Plot owners of the Project which is damaged or destroyed shall bear the cost of such repair or reconstruction in a fair and equitable manner and may utilise the funds available with the Association of Allottees for these purposes in accordance with the rules and regulations stated herein. Without prejudice to the foregoing, the Allottee agrees that the proceeds of any insurance that may be obtained by the Association of Allottees for insuring Project against any such damage or destruction, shall be utilized only for the purpose of such repair or reconstruction. The warranty and guarantee provided by the third party may be available to the Allottee as per the products/equipment /services specifications and the Allottee can approach such third parties directly for such warranty or guarantee claims. The Promoter shall not arise if the defect has arisen owing to be responsible for warranty or guarantee for any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allotteesuch third party products/ equipment / services.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality of or provision of services or any other obligations of the Promoter as per the agreement for sale Sale Agreement relating to such development is brought to the notice of the Promoter by the Allottee Purchaser within a period of 5 (five) years from the date of occupancy certificate Completion Certificate and/or partial occupancy certificate Completion Certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of the Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to force majeure or normal wear and tear or any Force Majeure event or owing to act or omission of the Allottee Purchaser or any other allottees Co-owner or Association of allottees and/or any other person or if the portion portion/item alleged to have the defect has not been maintained in a proper good and repaired condition has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees Association/ maintenance in charge or competent authorityauthority or if the defect arises due to force majeure. The Allottee is/are Purchaser is aware that any change, alteration including breaking of walls or any structural members or the 8 In case Association is made a party. If the circumstances do not allow the joining of Association to this Deed then the undivided proportionate title to the said land will be transferred to the Purchaser to be held by it in trust of the Association and the Purchaser will be liable to transfer such title to the Association upon its formation construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision However, the Purchaser has been made aware and the Purchaser expressly agrees that the regular wear and tear of the Architect Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in respect temperature of more than 20 degree centigrade which do not amount to the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is expressly agreed that before any liability of defect is claimed by or on behalf of the matter referred to in this clause Purchaser it shall be final necessary to appoint an expert/ surveyor to be nominated by the Architect of the Project, who shall survey and binding upon both assess the Promoter same and then submit report to state the Allotteedefects in material used in the structure and in the workmanship executed.

DEFECT LIABILITY. It is agreed that in case any structural defect of or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoters as per the agreement for sale Agreement relating to such development is brought to the notice of the Promoter by the Allottee Promoters within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit Completion Certificate or handing over possession, whichever is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then earlier it shall be the duty of the Promoter Promoters to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoters’ failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That Act. It is clarified that the obligation or liability Promoters shall hand over the possession of the Promoter Apartment on completion of the Project to the Allottee by way of issuance of a letter ("Letter of Handover") which shall at all times be construed as an integral part of this Agreement. It is expressly agreed and understood that in case the Allottee, without first notifying the Promoters and without giving to the Promoters the opportunity to inspect assess and determine the nature of such defect (which inspection Promoters shall be required to complete within 15 days of receipt of the notice from the Allottee), alters the state and condition of such defect, then the Promoters shall be relieved of its obligations contained in the Clause immediately preceding and the Allottee shall not arise if the defect has arisen owing be entitled to any Force Majeure event cost or owing compensation in respect thereof. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoters and without giving the Promoters the reasonable opportunity to act or omission inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the Allottee area of the purported defect, then the Promoters shall be relieved of its obligations contained herein. The Promoters may obtain such insurances, as it may decide in its discretion and the cost of such insurance from handover of the possession/project or any other allottees or transfer of the insurance to the Association (whichever is earlier) shall form part of the common expenses and proportionate share whereof shall be borne by the Allottees. After expiry of the insurance, the Association of allottees and/or any other person Allottees shall be responsible for renewing the same. It is clarified that the above said responsibility of the Promoters shall not cover defects, damage, or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same malfunction resulting from (i) misuse (ii) unauthorised modifications or if the related annual maintenance contracts and other licenses are not validly maintained repairs done by the association flat-owners or their nominee/agent, (iii) cases of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.force majeure,

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five5(five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of obtaining the building in which the Unit is situatedcompletion certificate, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of Act. It is clarified that the Promoter shall not arise be liable for any such defects if the defect has arisen owing to any Force Majeure event or owing to act or omission same have been caused by reason of the default and/or negligence of the Allottee or and/or any other allottees in the Real Estate Project or Association acts of allottees third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee and/or any other Allottee/person or if in the portion alleged to have Real Estate Project and/or the defect has already been altered before Whole Project and/or the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authorityLarger Property. The Allottee is/are is aware that any changechange(s), alteration alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Flat at various places or in its entirety and hence any change(s) or alteration(s) as mentioned herein above will result in immediate cessation ceasing of the Promoter’s obligation to rectify any defects defect(s) or compensate for the same as mentioned in this Clause. The decision Clause and the Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Architect in respect of the matter referred to Promoter in this clause shall be final and binding upon both the Promoter and the Allotteeregard.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision The Allottee/s herein shall take the possession of services or any other obligations the said unit within seven days from the date of the Promoter as per giving written intimation to the agreement Allottee/s herein intimating that, the said unit is ready for sale relating use and occupation. If within a period of five years from the date of handing over the possession to such development the Allottee/s or after the Promoter sending written intimation to the Allottee/s that the said unit is brought ready for use and occupation, the Allottee/s brings to the notice of the Promoter any structural defect in the said unit or the buildings in which the said unit is situated or the material used thereon or any unauthorized change in the construction of the said unit then wherever possible such defect/s or unauthorized changes shall be rectified by the Allottee Promoter at his own cost and in case it is not possible to rectify such defects or unauthorized changes then the Allottee/s shall be only entitled to receive from the Promoter reasonable compensation for such defect or change. If there is a dispute regarding any defect in the building or material use the matter shall, within a period of 5 (five) five years from the date of occupancy certificate and/or partial occupancy certificate handing over the possession, on payment of such fee as may be determined by the Regulatory Authority, be referred for decision to Adjudicating Officer appointed under section 72 of the Real Estate (Regulation and Xxxxxxxxxxx) Xxx, 0000. Provided however, that the Allottee/s shall not carryout any alterations of whatsoever nature in the said 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 particular it is hereby agreed that the Allottee/s shall not make any alterations in any of the fittings, pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the Unit is situated, as water. If any of such works are carried out without the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct written consent of the Promoter to proceed or not to proceed with the rectification defect liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of willful neglect on the part of the defects upon considering Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of unit by the submission occupants, vagaries of the Parties and the terms and conditions hereof and then nature etc. That it shall be the duty responsibility of the Allottee/s to maintain his/her/ their unit in a proper manner and take all due care needed including but not limiting to the joints in the tiles in his unit are regularly filled with while cement/ epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the Promoter to rectify the Allottee/s ends before the defects liability period and 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 shall be entitled to receive appropriate compensation in the manner as provided warranties are covered under the Act Provided Further That maintenance of the obligation or liability of said unit/ building/ phase/ wing and if the annual maintenance contracts including but not limiting to pump room, transformer room, lift, fire system, sewage treatment plant, water treatment plant etc. are not done/ renewed by the Allottee/s/ society the Promoter shall not arise if be responsible for any defects occurring due to the defect same. That the project as a whole has arisen owing been conceived, designed and constructed based on the commitments and warranties given by the Vendor/s manufactures that all equipment’s, fixtures and fittings shall be maintained and covered by maintenance/ warranty contracts so as it to any Force Majeure event or owing be sustainable and in proper working condition to act or omission continue warranty in both the units and the common project amenities wherever applicable. That the Allottee/s has been made aware and that the Allottee/s expressly agree/s that the regular wear and tear of the Allottee unit/ building/ phase/ wing includes minor hairline cracks on the external and internal wall 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 other allottees liability of defect is claimed by or Association on behalf of allottees and/or any other person or if the portion alleged Allottee/s, it shall be necessary to have the defect has already been altered before the Promoter is able to view appoint an expert who shall be a nominated surveyor who shall survey and assess the same or if and shall then submit a report to state the related annual maintenance contracts defects in materials used, in the structure built of the unit/ phase/ wing and other licenses are not validly maintained by in the association workmanship executed keeping in mind the aforesaid agreed clauses of allottees or competent authoritythis agreement. The Allottee isword defect here means only manufacturing defect/are aware that any change, alteration including breaking s caused on account of walls or any structural members or willful neglect on the construction part of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and shall not mean defect/s caused by normal wear and tear, negligent use of unit by the Allotteeoccupants, vagaries of nature etc. defect/s in fittings and fixtures are not included therein.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality of or provision of services or any other obligations of the Promoter as per the agreement for sale Sale Agreement relating to such development is brought to the notice of the Promoter by the Allottee Purchaser within a period of 5 (five) years from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to force majeure or normal wear and tear or any Force Majeure event or owing to act or omission of the Allottee Purchaser or any other allottees Co-owner or Association of allottees and/or any other person or if the portion portion/item alleged to have the defect has not been maintained in a proper good and repaired condition has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees Association/ maintenance in charge or competent authorityauthority or if the defect arises due to force majeure. The Allottee is/are Purchaser is aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanshipworkmanship in respect of the Designated House Building, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is and till the Promoter maintains the same is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy Occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may beDesignated House Building, the Parties parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties parties and the terms and conditions hereof and then then, 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 shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are is aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee. However, the Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in temperature of more than 20 degree centigrade which do not amount to the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee it shall be necessary to appoint an expert/ surveyor to be nominated by the Architect of the Project, who shall survey and assess the same and then submit report to state the defects in material used in the structure and in the workmanship executed.

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 by the Allottee within a period of 5 (five) years by the Allottees from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such such, time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further That the obligation or liability of that the Promoter shall not arise be liable to compensate if the defect has arisen owing is attributable to any Force Majeure event acts or owing to act omissions or omission commissions of the Allottee Allottees (or any other allottees person appointed by him or Association of allottees and/or acting under him or under his instructions) or arising due to any other person normal wear and tear or if the portion alleged due to have the defect has already been altered before the Promoter is able reasons not solely attributable to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for . Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both Allottees, without first notifying the Promoter and without giving the AllotteePromoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained hereinabove in this clause. RIGHT TO ENTER THE APARTMENT FOR REPAIRS: The Promoter/maintenance agency/Association shall have rights of unrestricted access of all Common Areas, garages/covered parking and parking spaces for providing necessary maintenance services and the Allottees agrees to permit the Promoter/ Association and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.

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 by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects through the structural engineer 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 Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further That that the obligation Promoter shall not be liable to compensate if the defect is attributable to any acts or liability 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 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 purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 13 hereinabove. It is clarified that the above said responsibility of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event cover defects, damage, or owing to act malfunction resulting from (i) misuse (ii) unauthorised modifications or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained repairs done by the association Owner or its nominee/agent, (iii) cases of allottees or competent authority. The Allottee isforce majeure (iv) failure to maintain the amenities/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.equipments (v) accident and

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of obtaining the building in which the Unit is situatedcompletion certificate, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of Act. It is clarified that the Promoter shall not arise be liable for any such defects if the defect has arisen owing to any Force Majeure event or owing to act or omission same have been caused by reason of the default and/or negligence of the Allottee or and/or any other allottees in the Real Estate Project or Association acts of allottees third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee and/or any other allottee/person or if in the portion alleged to have Real Estate Project and/or the defect has already been altered before Whole Project and/or the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authorityLarger Property. The Allottee is/are is aware that any changechange(s), alteration alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Flat at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate cessation ceasing of the Promoter’s obligation to rectify any defects defect(s) or compensate for the same as mentioned in this Clause. The decision Clause and the Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Architect in respect of the matter referred to Promoter in this clause shall be final and binding upon both the Promoter and the Allotteeregard.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or from misuse/negligent use, unauthorized modifications, accidents by the Allottee or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or owing to failure to maintain the equipments/amenities in the Whole Complex by the Allottee or any other allottees or Association of allottees or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The Allottee has been made aware and expressly agrees that the regular wear and tear of the Apartment/Building Block/Project excludes minor hairline cracks on the external and internal walls (excluding RCC structure) which happens due to variation of temperature and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

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 Lease relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building in which the Unit Apartment is situated, as the case may be, the Parties parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee. The Allotee also acknowledges and accepts that non structural cracks may appear in the external and internal walls of structures on account of variations in temperature or due to occurrence of Force majeure event(s), which shall not be covered under the defect liability obligations of the Promoter.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building in which the Unit is situated, as the case may be, the Parties parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirtyThirty ) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Act; Provided Further That that the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building Designated Wing in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of obtaining the building in which the Unit is situatedcompletion certificate, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of Act. It is clarified that the Promoter shall not arise be liable for any such defects if the defect has arisen owing to any Force Majeure event or owing to act or omission same have been caused by reason of the default and/or negligence of the Allottee or and/or any other allottees in the Real Estate Project or Association acts of allottees third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee and/or any other allottee/person or if in the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authorityReal Estate Project. The Allottee is/are aware that the Said Building is a monolithic structure and any changechange(s), alteration alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate cessation ceasing of the Promoter’s obligation to rectify any defects defect(s) or compensate for the same as mentioned in this Clause. The decision Clause and the Allottee and/or the association of allotteesshall have no claim(s) of whatsoever nature against the Architect in respect of the matter referred to Promoter in this clause shall be final and binding upon both the Promoter and the Allottee.regard

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 by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects 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 Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project 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 borne by the Allottees. Provided Further That that where the obligation or 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 arise if be responsible for any defects occurring due to the defect same. The Project as a whole has arisen owing to any Force Majeure event or owing to act or omission of been conceived, designed and constructed based on the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts commitments and other licenses are not validly maintained warranties given by the association of allottees or competent authorityVendors/Manufacturers that all equipments, 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 Allottee ishas been made aware and the Allottee expressly agrees that the regular wear and tear of the Unit/are aware that any change, alteration including breaking 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 walls or any more than 20* C and which do not amount to structural members or the construction of any new wall defects and hence cannot be attributed to either bad workmanship or structural member will result in immediate cessation defect. It is expressly agreed that before any liability of the Promoter’s obligation defect is claimed by or on behalf of Allottee it shall be necessary to rectify any defects or compensate for appoint an expert who shall be a nominated surveyor who shall survey and assess the same as mentioned 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 Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the AllotteeAgreement.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality of or provision of services or any other obligations of the Promoter as per the agreement for sale Sale Agreement relating to such development is brought to the notice of the Promoter by the Allottee Purchaser within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to force majeure or normal wear and tear or any Force Majeure event or owing to act or omission of the Allottee Purchaser or any other allottees Co-owner or Association of allottees and/or any other person or if the portion portion/item alleged to have the defect has not been maintained in a proper good and repaired condition has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees Association/ maintenance in charge or competent authorityauthority or if the defect arises due to force majeure. The Allottee is/are Purchaser is aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy certificate and/or completion certificateand/or partial occupancy completion certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

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 by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 90 (thirtyninety) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. Provided Further That the obligation or liability of that, the Promoter shall not arise if be liable for (i) any such structural / architectural defect induced by the defect has arisen owing Allottee, by means of carrying out structural or architectural changes from the original specifications / design, or (ii) any act, omission or negligence attributable to any Force Majeure event or owing to act or omission of the Allottee or non- compliance of any Applicable Laws by the Allottee; or (iii) ordinary wear and 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 allottees defect in workmanship, quality or Association provision of allottees and/or services or any other person or if the portion alleged to have the defect has already been altered before 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 able to view 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 if dispute in this regard, shall be raised by the related annual maintenance contracts Allottee, directly with the original equipment manufacturer / vendor. The usage of all the fixtures, fittings and other licenses are not validly maintained 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 or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allotteeallottees.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of obtaining the building in which the Unit is situatedcompletion certificate, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of Act. It is clarified that the Promoter shall not arise be liable for any such defects if the defect has arisen owing to any Force Majeure event or owing to act or omission same have been caused by reason of the default and/or negligence of the Allottee or and/or any other allottees in the Real Estate Project or Association acts of allottees third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee and/or any other allottee/person or if in the portion alleged to have Real Estate Project and/or the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authoritySaid Property. The Allottee is/are aware that the Said Tower/Building is a monolithic structure and any changechange(s), alteration alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Tower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate cessation ceasing of the Promoter’s obligation to rectify any defects defect(s) or compensate for the same as mentioned in this Clause. The decision Clause and the Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Architect in respect of the matter referred to Promoter in this clause shall be final and binding upon both the Promoter and the Allotteeregard.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee.

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years from the date of occupancy completion certificate and/or partial occupancy completion certificate of the building in which the Unit is situated, as the case may be, the Parties parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify start rectifying 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 shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the Allottee. However any defect in materials, fittings and fixtures purchased from suppliers/manufacturers of these items shall not be the responsibility of the promoter and shall be governed by the warranty rules of such manufacturers. Be it also mentioned here that any structural and/or material defect or damages resulting due to actions of the Allotee shall not be the liability of the Promoter and the Allottee shall be solely responsible and liable for rectification of such defects/damages.

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 Sale Agreement relating to such development is brought to the notice of the Promoter by the Allottee Purchaser within a period of 5 (five) years from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under the Act Provided Further That the obligation or liability of the Promoter shall not arise if the defect has arisen owing to any Force Majeure event or from misuse/negligent use, unauthorized modifications, accidents by the Purchaser or owing to act or omission of the Allottee Purchaser or any other allottees co-owners or Association of allottees and/or any other person or owing to failure to maintain the equipments/amenities in the Whole Complex by the Purchaser or any other co-owners or Association or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees co-owners or competent authority. The Allottee Purchaser is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The Purchaser has been made aware and expressly agrees that the regular wear and tear of the Apartment/Building Block/Project excludes minor hairline cracks on the external and internal walls (excluding RCC structure) which happens due to variation of temperature and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the AllotteePurchaser.

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 by the Allottee within a period of 5 (five5-(five) years by the Allottee from the date of occupancy certificate and/or partial occupancy certificate of the building in which the Unit is situatedhanding over possession, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects 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 Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act Act. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project 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 borne by the Allottee(s). Provided Further That that where the obligation or 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 allottee(s), the Promoter shall not arise if be responsible for any defects occurring due to the defect same. The Project as a whole has arisen owing to any Force Majeure event or owing to act or omission of been conceived, designed and constructed based on the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts commitments and other licenses are not validly maintained warranties given by the association of allottees or competent authorityVendors/Manufacturers that all equipments, 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 Allottee ishas been made aware and the Allottee expressly agrees that the regular wear and tear of the Unit/are aware that any change, alteration including breaking 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 walls or any more than 20* C and which do not amount to structural members or the construction of any new wall defects and hence cannot be attributed to either bad workmanship or structural member will result in immediate cessation defect. It is expressly agreed that before any liability of the Promoter’s obligation defect is claimed by or on behalf of Allottee it shall be necessary to rectify any defects or compensate for appoint an expert who shall be a nominated surveyor who shall survey and assess the same as mentioned and then submit a report to state the defects in material used in the structure built by the Unit /wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be final and binding upon both the Promoter and the AllotteeAgreement.