Many of us, after spending a lot money on purchasing a New House, entrust the carpentry work/Interior Decorations to some carpenters or some people styling as Interior decorators.
We do not enter into any Warranty.
The Carpenter, Interior decorators tell you that the raw material they have used is the best and the Wood will last for Ten years, other things like door handles, Fittings will last Five Years.
There seems to be no format available.
I am providing a Format, which may be customized.
This may be cross checked with your lawyer.
Stamp paper of Rs 25 will do.
But gentlemen do not need agreements, but others can break it at will, whatever the Clauses!
This Agreement of Warranty is executed between,
……., S/o ……., Aged years , residing at ……………………………………. ,hereinafter called Party of the First Part,
Mr./M/s ………S/o , engaged in the business of Interior work/decoration of Homes.’ Residing/located at,……………………………………………
Hereinafter called Party of the Second Part,
Whereas party of the Second Part approached party of the First Part to do Interior decoration, Carpentry work of the residence of party of the First Part, described in detail in the annexure and Party of the First Part having agreed to give him the Work for a consideration of Rupees /- ( …….. ) as per specifications of the Party of the First Part,
And the Party of the Second Part, having completed the work and Party of the Second Part , having paid the agreed consideration of Rupees…….,in full, to Party of the First part
Now enter into an Agreement of Warranty on the Following terms and conditions.
1. Party of the Second part shall replace without any cost, damaged, defective wood used in the work done at the property of the party of the First Part, for period of Ten Years.
2. Cost here includes the cost of replacement of such wood that might need replacement and the labour cost involved in carrying out this work.
3.This replacement of parts used in the work such as Doors, Handles, Faucets ,Door Knobs, Latches, Hinges, Padlocks, springs and this warranty for these items will be for a Period of Five Years, bells, shelves, screws, hangers, hydraulic equipment, fixtures and kitchen baskets.
4. This Warranty includes ,
4. During such period, the Party of the Second Part shall replace, without any cost, the defective, malfunctioning components, items, to the Party of The First Part.
5. Here Cost denotes cost of the material replaced and the labour charges involved therein.
6.In such an event the party of the Second Part , not being able to fulfil this Warranty, Party of the Second Part, shall pay to party of the Second Part ,a sum equivalent to the cost of the material/s to be replaced and the labour charges involved in repairing/installing the same.
7.The Cost ,in such cases, will be determined by the party of the First part , at market rates, including labour and party of the Second Part shall ay the Party of the First Part the amount on the claim made by Party of the First Party prior to replacing, reinstalling of such components, products .
Laminates, Veneers / Finishes / Hardwoods – 10 years
Electrical lamps, Ballasts, Transformers – 5 years
Fabrics, pneumatic lifts, foam – 5 years
Custom products built to customer specifications – 5 years
Seating foam padding – 5 years
Seating metal accents glides – 10 years
Seating wood frame – 10 years
Seating High Use Items – 5 years
(High Use Items include, but are not limited to, table arms, electrical components, ganging mechanisms, pneumatic lifts, and polymer based components)
9. The Warranty will come into Force effective September 1(First of September), 2013.
10. Any dispute arising out of this agreement is subject to ………….Jurisdiction.
11. Parties of the First Part and the Second Part hereby affirm the aforesaid agreement and sign this Agreement,
Dated , …….,……,….
Party of the First Part. Party of the Second Part.
( ) ( )
1.Name and Address. Signature