Delay Penalty Clause for Simply Interiors
What is Delay Penalty?
Simply Interiors is liable to offer a discount to the customer in case the handover is delayed for a period longer than 10 days after the move-in* date has been confirmed. This date is communicated to the customer after the required payment to start the project is received and the designs as well as selections by the customer have been finalized and approved.
How much is the penalty?
Beyond the 10 buffer days, for every extra day, a penalty of 0.1% of the total project value** will be applicable.
E.g., Move In Date – 1st April 2021. Project Value (net offer/ discount): INR 10,00,000/-. In this case, penalty of INR 1,000 (0.1% of INR 10,00,000/-) per day will be applicable in case of delay beyond April 11th.
The maximum delay penalty payable cannot exceed 3% of the total project value.
*Move-in definition: A project is considered ready to move-in if the kitchen, living, bed and bathrooms are functional. In projects with minor snags (such as replacement of a part or whole of a functional unit, delayed supply of a free-standing unit/ product, snags in false ceiling/ finishing/ electrical works etc.), the home is still considered ready to move-in as long as the snags do not affect the functionality of the home i.e. the snags do not disallow a person from living in the place.
**Total Project Value: The total project value is the value of the project before GST minus any discounts, offers that have been given. In addition, any soft furnishing and / or white goods will not be added to the value of the project for calculation of the Delay Penalty.
How will the Delay Penalty be paid out?
Delay penalty would be adjusted in the final payment due from the customer. However, if the final payment due is less than the penalty then the balance amount will be refunded to the customer.
When is the Delay Penalty not applicable?
- In case there are any design changes/ modifications after communication of date of move-in to the customer; this includes change in scope, addition of scope, reduction of scope, material changes, finish changes, aesthetic changes, functional changes, or any other changes that may result in a delay in the manufacturing, procurement or execution at site.
- In cases where the project involves scope of work handled by the customer, then the duration of execution of the customer’s scope of work will be taken into consideration to estimate the move-in date. This duration will be calculated after understanding from the customer the total number of days they require to complete their scope of work. Should the delay stem from the customer’s scope of work overshooting the budgeted days, or, any changes in the schedule of the customer’s scope of work, move-in date will be re-estimated and any delay penalty will be computed from the revised date.
- Delay in access to the site, which results in delay in execution by Simply Interiors.
- Restricted access to the site, which results in delay in execution by Simply Interiors.
- Unavailability of consistent, uninterrupted power or water supply to the site during the execution phase will result in Delay Penalty not being applicable.
- In case of non-payment by the customer or partial payment or any delay in payments as per the payment milestones, Simply Interiors will not be held responsible for delays beyond the move-in date, and, hence, Delay Penalty will not be applicable.
- Delay Penalty clause will not be applicable if there is any dependency on the customer to provide approvals from any local authority and they fail to do so prior to the start of project execution.
- Simply Interiors shall not be liable to pay Delay Penalty in case of any delay in production or delivery of products ordered from third party/marketplace brands.
- Force Majeure, which includes, but is not restricted to:
- Any act of god including natural disasters, floods, fire, earthquake, typhoon, cyclone or landslides.
- War, riot, strike, lock-outs, hartal/bandh, accidents, power failure or shortage of fuel.
- Any restrictions imposed by the central, state or local statutory/government authorities.
- Any change in applicable law.
- Any unforeseen supply shocks for raw materials and accessories.
- Any unforeseen manpower supply shocks.
- Any other unforeseen circumstances/causes beyond the reasonable control of Simply Interiors.
How to apply for the clause?
You can be in touch with the Project Manager / Site Supervisor who is handling your project execution. For any escalation, kindly email to firstname.lastname@example.org or WhatsApp to +91-9341074074.