Common use of DEFECT LIABILITY Clause in Contracts

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of five years by the allottee from the date of handing over the possession of the Apartment / application for completion certificate , it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days, and in the event of Xxxxxxxx's failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

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DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the this Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate possession, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days30 (thirty) days of being notified of such defect, and in the event of Xxxxxxxx's the Promoters’ failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.Act provided however, the Promoter shall not be held liable for any defects or responsible for any rectifications in the circumstances and/or instances detailed in Schedule-G.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoters as per the this Agreement for Sale relating to such development is brought to the notice of the Promoter Promoters within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate possession, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days30 (thirty) days of being notified of such defect, and in the event of Xxxxxxxx's the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.Act provided however, the Promoter shall not be held liable for any defects or responsible for any rectifications in the circumstances and/or instances detailed in Schedule-N.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Owner as per the Agreement for Sale this agreement relating to such development is brought to the notice of the Promoter Owner within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate possession, it shall be the duty of the Promoter Owner to rectify such defects without further charge, within thirty 30 (thirty) days, and in the event of XxxxxxxxOwner's failure to rectify such defects within such time, the aggrieved Allottee(sallottees (including the Allottee herein if so aggrieved) shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter Vendor within a period of five 5 (five) years by the allottee Allottee(s) from the date of handing over the possession of the Apartment / application for completion certificate possession, it shall be the duty of the Promoter Vendor to rectify such defects without further charge, within thirty 30 (thirty) days, and in the event of XxxxxxxxVendor 's failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of five years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate , it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days, and in the event of Xxxxxxxx's failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect as defined above or any other defect in workmanshipworkmanship as defined above, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate possession, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty 30 (thirty) days, and in the event of Xxxxxxxx's Promoter’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of five years by the allottee from the date of handing over the possession of the Apartment / application Application for completion certificate Completion Certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days, and in the event of XxxxxxxxPromoter's failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale terms of this AFS relating to such development is brought to the notice of the Promoter within a period of five years by the allottee Allottee from the date of handing over obtaining of Completion/Part Completion certificate for the possession of the Apartment / application for completion certificate Plot, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days, and in the event of Xxxxxxxx's Promoter’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of five years by the allottee from the date of handing over the possession of the Apartment / application for completion certificate , it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days, and in the event of XxxxxxxxPromoter's failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as Promoteras per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession issuance of the Apartment / application for completion certificate certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty 30 (thirty) days, and in the event of Xxxxxxxx's failure of the Promoter to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. The Promoter shall not be liable for the damage/ decay caused by natural wear and tear or by any act and/or neglect of the allottees.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale Lease relating to such development is brought to the notice of the Promoter within a period of five years by the allottee from the date of handing over the possession of the Apartment / application for completion certificate , it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days, and in the event of Xxxxxxxx's failure to rectify such defects within such time, the aggrieved Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Lease

DEFECT LIABILITY. It is agreed that in case any structural defect as defined above or any other defect in workmanshipworkmanshipas defined above, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate possession, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty 30 (thirty) days, and in the event of Xxxxxxxx's Promoter’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

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DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement for Sale relating to such development is brought to the notice of the Promoter within a period of five years 12 months by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate possession, save those as mentioned in clause 13.3 below, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty days30 (thirty)days, and in the event of Xxxxxxxx's Promoter’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under applicable laws for the Act.time being in force. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:

Appears in 1 contract

Samples: 202.61.117.163

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 sale relating to such development is brought to the notice of the Promoter within a period of five 5 (five) years by the allottee Allottee from the date of handing over possession / after applying the possession of the Apartment / application for completion certificate occupancy certificate, it shall be the duty of the Promoter to rectify such defects without further chargecharges, within thirty days, 30 (thirty) days and in the event of Xxxxxxxx's Promoter’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate first row house, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty 30 (thirty) days, and in the event of Xxxxxxxx's ’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession possession, of the Apartment / application for completion certificate , first duplex of the project it shall be the duty of the Promoter to rectify such defects without further charge, within thirty 30 (thirty) days, and in the event of Xxxxxxxx's Promoter’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoters as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter Promoters within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate possession, it shall be the duty of the Promoter Promoters to rectify such defects through the structural engineer without further charge, within thirty 30 (thirty) days, and in the event of Xxxxxxxx's ’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate plot of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty 30 (thirty) days, and in the event of Xxxxxxxx's Promoter’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate first row house, it shall be the duty of the Promoter to rectify such defects without further charge, within thirty 30 (thirty) days, and in the event of Xxxxxxxx's Promoter’s failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the Agreement agreement for Sale sale relating to such development is brought to the notice of the Promoter Developer within a period of five 5 (five) years by the allottee Allottee from the date of handing over the possession of the Apartment / application for completion certificate , it Possession Date It shall be the duty of the Promoter Developer to rectify such defects without further charge, within thirty days30(thirty) days or within such reasonable time as may be required to rectify such defect, and in the event of XxxxxxxxDeveloper's failure to rectify such defects within such time, the aggrieved Allottee(s) Allottees shall be entitled to receive appropriate compensation (other than consequential losses) to the extent of actual amount incurred by the Allottee to rectify such defect in the manner as provided under the Act.

Appears in 1 contract

Samples: Agreement for Sale

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