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" 40. The Purchasers shall check all the amenities in the said Flat before taking possession of the same. Thereafter, the Purchasers shall have no claim against the Developers in respect of the same and the Purchasers shall not be entitled to that the work was not out and/or completed and/or being out in accordance with the plans, specification, and/or this agreement. Provided that, if within the statutory period as prescribed under M.O.F.A within 3 years from the date of handing over the said Fiat to the Purchasers, the Purchasers brings to the notice of the Developers any materia! or structural defect in the said Flat or the materia! used therein (usual wear and tear excepted. Act of God or Force maieure and contributory negligence excepted) then, whenever possible such material or structural defects shall be rectified by the Developers at their own cost. Provided if such changes/defects in the said Flat or in the buildings are due to neglect or due to act of omission or commission on the part of any of the Purchasers in the said New Building, the Developers shall not be liable for the same."