First: Statement of the guarantee and its duration
1 – The second party acknowledged that it fully inspected the unit and its facilities (the car park, the upper and lower water tanks, the entrances to the unit, and all the rooms, including bedrooms, living rooms, bathrooms, the kitchen, and its accessories, if any) with a complete inspection to prevent ignorance, deception, or fraud, and inspected it in terms of area, finish, and materials used, and inspected the electrical wiring. Plumbing, floor tiles, wall tiles, and wall paints were found to be free of all visible and hidden defects.
2- After the second party acknowledges that it has fully inspected the unit, the second party has no right to object to any type of materials used in building the residential unit or its design, nor does the first party bear responsibility for these materials, as responsibility returns to the party that produced these materials, and every party that produces these materials bears responsibility. Responsibility for ensuring it, and the second party was aware of this and agreed to it, as the first party’s responsibility is limited to manufacturing work, i.e. implementation.
Only the second party has the right to return to the party that produced these materials and demand a warranty if there is any damage to these materials, according to the policy of these parties in terms of their warranty terms.
3 – Under this agreement, the first party committed to the second party to ensure that the manufacturing defects of the unit are only repaired if they appear after the second party empties the unit mentioned in the preamble, according to the following:
A – The warranty for the concrete structural structure and the reinforcing steel is subject to the party supplying it for a period of (10 years) subject to the warranty terms of each party according to its regulations and requirements.
B – The First Party guarantees the hidden plumbing works (buried extensions) and the hidden electrical works (buried extensions) for a period of (2 years).
T – The (first party) guarantees the paint work, wooden door work, air conditioning extension work, and aluminum window work for a period of (1 year) from the date of signing the contract. The guarantee does not include consumable materials, such as (light bulbs – tiles of all kinds – and sanitary ware such as sinks, bathroom chairs, mixers, etc. … – and wooden doors – and aluminum windows) and everything of the like. This warranty does not include damages and works caused by the second party.
D- The warranty for the elevator shall be provided by the supplying company in accordance with its regulations and requirements.
4- The warranty does not include damage and malfunctions resulting from natural disasters, rodents and insects And the like. The warranty does not include damage or malfunctions caused by the second party or the person occupying the residential unit, and the warranty does not include any modifications made by the second party, whether it is a modification to the structure of the apartment or Any of the works covered by the guarantee, and the guarantee is considered void and the first party is not entitled to demand its repair, and the guarantee does not include any infringements, malfunctions, or leaks caused by any external party that cause damage (to the residential unit) over the course of the agreement, whether current or otherwise, and the responsible party bears responsibility. This damage is legal, and the second party does not have the right to demand that the first party repair it.
5- The second party acknowledges that the first party will not demand any material (financial) or moral compensation in the event of malfunctions or damages within the scope of the agreed upon warranty on the residential unit, and it has the right to demand its repair only according to the agreed upon warranty terms.
6- The works mentioned within the above warranty terms are the works covered by maintenance, and the second party is not entitled to demand maintenance of works other than those specified above.
Second: Terms and conditions of the guarantee:
- The warranty period is calculated according to the Gregorian calendar.
- The first party (the developer) will repair the defects or damages resulting from poor workmanship (installation defect caused by the developer) and which are specified and mentioned in this agreement only, each according to the warranty period specified for it.
- The first party (the developer) repairs the warranty defects at its expense.
- Defects requiring warranty are limited to manufacturing defects only and do not include defects resulting from misuse by the second party or the occupants of the unit.
- The second party does not have the right to ask the first party to carry out the above-mentioned maintenance and repairs outside the warranty period.
- This warranty does not apply to the apartment if the second party makes modifications to it, so the warranty is permanently voided, and it has no right to demand that the first party maintain the apartment before any government agency.
- This guarantee does not include the subsidence of buildings resulting from groundwater, natural factors, wind, or blockage of internal manholes (filters).
- The warranty does not include damages resulting from floods, fires, wars, acts of terrorism, natural disasters, and all cases considered to be cases of force majeure.
- The second party does not have the right to demand from the first party a guarantee related to other implementation companies, such as an elevator guarantee, for example.
- The second party acknowledged that the first party did not demand any material or moral compensation, but only demanded that the defects be corrected.
Third: General provisions
- The provisions of this agreement, with all its clauses, obligations, and resulting rights, apply to its two parties and apply to their heirs after them. In the event of death, its provisions will be implemented without modification.
- All correspondence from each party to the other shall be carried out at the addresses shown at the beginning of this agreement. In the event that its address is amended or changed, the second party must inform the first party of the new address in the event of a need to correspond with it. It also requires the second party to notify the first party of its need to correspond with it. Through private customer service or submitting an official maintenance request through first-party maintenance channels, it is necessary to include an email address to respond to requests and a mobile number.
- The two parties agreed that any dispute that may arise regarding the implementation of this agreement or the interpretation of one of its provisions will be resolved by the two parties by mutual consent, and in the event that a solution they are satisfied with is not reached, it will be resolved through the competent courts in Jeddah Governorate.
This agreement was drawn up in two copies, each party receiving a signed copy to act on it on the date mentioned above. May God bear witness to this, and God is the best of witnesses.
By God, this is the success… May God’s blessings and peace be upon our Prophet Muhammad and his family and companions
