Warranty Policy

1. Introduction

MVIVO (Private) Limited (“MVIVO”, “we”, “us” or “our”) is a Sri Lanka-registered private limited company specialising in the design, manufacture, supply and erection of prefabricated buildings for residential and hospitality use.

This Warranty Policy (the “Warranty”) sets out the warranty terms applicable to each MVIVO House (the “House”) designed, supplied, constructed and installed by MVIVO under a term sheet and definitive agreement entered into with the Owner or Lessee (the “Agreement”, and the counter-party to MVIVO, the “Owner”). This Warranty is referenced in the MVIVO House Term Sheet, is incorporated into the Agreement, and must be read together with the MVIVO Home 4.0 Homeowner Manual issued to the Owner at Handover.

By accepting Handover of the House, the Owner acknowledges and agrees to the terms of this Warranty.

2. Definitions

“Agreement” means The term sheet and definitive agreement (including any agreed Variations) entered into between MVIVO and the Owner for the design, supply, construction and installation of the House.

“House” means The MVIVO House delivered and installed by MVIVO at the agreed site, as described in the architectural drawings and the MVIVO Home 4.0 Technical Specifications forming part of the Agreement.

“Owner” means The party or parties identified in the Agreement as the owner(s) or lawful lessee(s) of the land on which the House is constructed. Where the Agreement names more than one such party, references in this Warranty to “the Owner” mean those parties jointly and severally.

“Purchase Price” means The Purchase Price payable by the Owner under the Agreement, as adjusted by any agreed Variations and statutory changes, and as actually paid in Sri Lankan Rupees.

“Variation” means Any change to the agreed design, specifications, finishes, site conditions or authority requirements that is documented and accepted by both parties in accordance with the Agreement.

“Structural Elements” means Those elements of the House expressly listed in Section 3 below as being covered by the Structural Warranty.

“Third-Party Items” means All components, products, equipment, systems, fittings, fixtures and finishes incorporated into the House that are manufactured by a party other than MVIVO, including but not limited to those listed in Section 4.

“Homeowner Manual” means The MVIVO Home 4.0 Homeowner Manual (as updated from time to time) issued to the Owner at Handover, which contains the operating instructions, maintenance schedule, snagging forms and other guidance applicable to the House.

“Handover” means The delivery of possession of the completed House by MVIVO to the Owner, evidenced by the signed Acceptance Form set out in the Homeowner Manual, and conditional upon receipt by MVIVO of the Purchase Price in full.

“Handover Date” means The date on which Handover occurs.

“Warranty Period” means The twenty (20) year period during which the Structural Warranty applies, commencing on the Handover Date.

“Claim” means A written notification by the Owner to MVIVO of an alleged defect covered by this Warranty.

“Discovered / Discovery” means In relation to an alleged defect, the date on which the Owner first becomes actually aware of the alleged defect, or the date on which, by the exercise of reasonable diligence and inspection in accordance with the Homeowner Manual, the Owner ought reasonably to have become aware of it, whichever is the earlier.

3. Twenty (20) Year Structural Warranty

MVIVO warrants to the Owner that the Structural Elements of the House, when designed, manufactured and installed by MVIVO under the Agreement, will be free from defects in materials and structural workmanship that materially impair the load-bearing capacity, stability or structural integrity of the House, for a period of twenty (20) years from the Handover Date (the “Warranty Period”).

For the purposes of this Warranty, “structural workmanship” means the quality of labour, skill and care applied by MVIVO in the construction, installation or assembly of the Structural Elements.

This Warranty takes effect only once (a) the Purchase Price has been received by MVIVO in full in accordance with the Agreement, and (b) Handover has occurred.

This is the sole express warranty given by MVIVO. MVIVO gives no other warranty, express or implied, in respect of the House or any of its components, including any implied warranty of merchantability, fitness for purpose, or workmanship of any non-structural element. All other components are covered (if at all) only by their respective manufacturers’ warranties as set out in Section 4 below.

3.1 Covered Structural Elements

The Structural Warranty covers the following load-bearing elements of the House as designed and installed by MVIVO under the Agreement. The full design parameters, materials, dimensions and specifications for these elements are set out in the MVIVO Home 4.0 Technical Specifications and the project-specific engineering design issued by MVIVO.

Foundation

The reinforced concrete foundation designed and installed by MVIVO for the specific site, consisting of the slab and beams.

Load-Bearing Walls and Frame

The cold-formed structural steel frame designed and installed by MVIVO that carries the vertical and lateral loads of the House, including the wall, floor and supporting elements of that frame.
The mechanical anchoring of the structural frame to the foundation.

Roof Structure

The cold-formed structural steel roof and balcony framing designed and installed by MVIVO, excluding roof finishes, membranes, coverings, insulation and other Third-Party Items.

Structural Sheathing

The structural sheathing boards installed by MVIVO that form part of the load-bearing wall and floor assemblies.

Foundation design (basis of cover). The foundation is designed and installed by MVIVO based on the site-specific soil investigation report and the recommendations of the geotechnical / soil engineering consultant engaged in respect of the site. The Structural Warranty in respect of the foundation applies to MVIVO’s design and installation based on that report and those recommendations. MVIVO is not responsible for defects arising from inaccurate, incomplete or limited soil investigation data, or from recommendations of the soil engineer that prove to be insufficient for actual ground conditions. The Owner is responsible for ensuring that an adequate soil investigation has been carried out by a qualified geotechnical consultant before MVIVO commences foundation design.

3.2 What Is Not Covered by the Structural Warranty

The Structural Warranty does not apply to the following components installed by MVIVO as part of MVIVO’s own scope of work, even where they are installed at the same time as, or in physical contact with, Structural Elements:

Screed, plaster, render, paint and other surface or levelling layers applied by MVIVO over the slab, the foundation or any Structural Element.
Internal drywall, plasterboard, moisture-resistant drywall and ceiling boards, together with the steel ceiling guide profiles, joint tape, joint compound, primer, paint and other accessories used to install or finish them.
Internal non-load-bearing walls, partitions and stud frames installed for spatial division rather than load-bearing function.
The staircase (including its framing, treads, risers, sheathing, finishes, handrails and balustrades).
Under-foundation drainage layers, building films (vapour barriers) and damp-proof membranes, including those installed beneath the slab and beneath ground-floor wall structures.
External hard surfaces installed by MVIVO around the House, including concrete border stones, perimeter edging, driveways, walkways and the substrate, aggregate and fabric layers beneath them.

In addition, all Third-Party Items as described in Section 4 are not warranted by MVIVO under this Warranty. Manufacturer warranties for those items apply on a pass-through basis as set out in Section 4.

The Structural Warranty also does not apply to the following types of issues, including where they occur on or within Structural Elements:

Hairline cracks in concrete, plaster, render, screed, paint or other finishes.
Cosmetic blemishes, colour variation, weathering, fading or natural patina.
Movement, shrinkage, swelling or warping of finishes within industry tolerances.
Settlement consistent with normal soil behaviour.
Sound transmission, condensation or thermal performance variation within design tolerances.

4. Third-Party Items: Pass-Through Warranty

The House incorporates a number of components, products, equipment, systems, fittings, fixtures and finishes that are manufactured or supplied by third parties (“Third-Party Items”). These Third-Party Items are not warranted by MVIVO.

MVIVO passes through to the Owner, on an “as-is” basis, the benefit of any warranty, guarantee or other right offered by the relevant third-party manufacturer or supplier, for the duration and to the extent provided by that third party. The Owner’s recourse for any defect, failure or non-conformity of a Third-Party Item is directly against the relevant manufacturer or supplier, and not against MVIVO.

4.1 Categories of Third-Party Items

Third-Party Items include, without limitation, all components of the House other than the Structural Elements listed in Section 3.1 and the components listed in Section 3.2. By way of example, the following categories are Third-Party Items:

Doors, windows and glazing (interior and exterior), including frames, sashes, seals, hinges and hardware.
Building envelope and roofing system components, including roof membrane, sub-roof sheathing, roof capping, weather-resistive barriers, cavity drainage layers, geomembranes, cavity and external insulation, exterior cladding, façade finishes, exterior trim, window sills, drip edges and finishing profiles.
Mechanical, electrical and plumbing (MEP) systems and equipment, including ventilation, electrical distribution and wiring, water supply and storage, hot water systems, water filtration, drainage, sanitary and rainwater systems.
Lighting, switches, sockets, automation and connectivity equipment.
Bathroom fittings, including showers, basins, toilets, faucets, vanities and accessories.
Kitchen units, cabinetry, worktops, sinks, taps and appliances (where supplied).
Internal finishes installed by MVIVO using third-party products, including floor finishes, underlayments, skirting, trim, architraves and decorative profiles, and the sealants and adhesives used to install them.
Decking, balcony railings, sub-frames and patio finishes.
Any appliance, fixture or component installed by the Owner or by any party other than MVIVO.

The specific Third-Party Items incorporated into a particular House are listed in the MVIVO Home 4.0 Technical Specifications and accompanying documentation issued at Handover. MVIVO may substitute any Third-Party Item with a technically equivalent product of the same class and quality.

Where available, MVIVO will provide the Owner with manufacturer documentation, warranty cards, serial numbers and product registration information to assist the Owner in dealing directly with the relevant third-party manufacturer or supplier. MVIVO’s role in respect of Third-Party Items is limited to this information pass-through and MVIVO accepts no liability for the performance, durability or warranty obligations of any Third-Party Item.

5. Climate and Site-Specific Conditions

The MVIVO House is engineered to the design loads and standards set out in the MVIVO Home 4.0 Technical Specifications and the project-specific engineering design. The following site-specific conditions affect warranty cover and must be disclosed by the Owner at the time of order.

5.1 Seismic Events

Damage caused by seismic events (earthquakes, tremors and ground shaking exceeding the Eurocode design loads applicable to the project) is excluded from this Warranty. Structural defects that existed prior to a seismic event and are otherwise covered remain covered, provided the Owner can demonstrate the defect pre-dated the event.

5.2 Flood-Prone Areas

Damage arising from flooding (including flash flooding, rising water tables, storm surge or monsoon-related inundation) is excluded from this Warranty. Owners constructing in flood-prone areas should request an elevated plinth specification at the design stage. The Owner is responsible for disclosing flood risk and water-table information at the time of order.

6. Owner Maintenance Obligations

All buildings require routine inspection and maintenance to perform as intended over time. The Owner is responsible for maintaining the House in accordance with the MVIVO Home 4.0 Homeowner Manual issued at Handover. The Homeowner Manual sets out the inspection and maintenance schedule applicable to the building envelope, exterior surfaces, interior finishes and services (MEP).

Failure to perform the inspections and maintenance set out in the Homeowner Manual that directly causes or materially contributes to a defect will result in that defect being excluded from cover. The Owner should keep written and photographic records of inspections and maintenance carried out, and produce these records on request when making a Claim.

Any maintenance, inspection or repair of Structural Elements must, where the Homeowner Manual specifies, be carried out by a qualified civil or structural engineer or by MVIVO’s technical team. Use of unauthorised contractors for structural maintenance, modification or repair will void cover under this Warranty in respect of the affected Structural Elements.

7. Exclusions from the Structural Warranty

The Structural Warranty does not cover, and MVIVO shall have no liability under this Warranty for, any defect, damage, loss or failure caused by or arising from:

Any Third-Party Item (which is governed by Section 4 above).
Normal wear and tear, weathering, oxidation or deterioration consistent with the age and use of the House.
Site preparation, site access, site clearing, levelling, site security, or any other site-related obligations of the Owner under the Agreement.
Ground conditions, soil suitability, soil improvement, retaining structures, slope stabilisation, piling, excavation, filling or any other groundworks, whether carried out by the Owner, a third party, or by MVIVO under a separately charged scope outside the agreed Purchase Price.
Defects caused by inaccurate, incomplete, limited or misleading soil investigation reports, geotechnical advice, foundation-design recommendations, survey data or site information provided to MVIVO by or on behalf of the Owner or by the geotechnical / soil engineering consultant engaged in respect of the site.
Defects arising from design changes required by relevant local authorities, planning bodies or regulatory consents obtained or required to be obtained by the Owner.
Utility connection works (water, electricity, sewage, telecommunications) arranged by the Owner or carried out by parties other than MVIVO.
Changes in grading, drainage patterns or landscaping by the Owner or any party other than MVIVO.
Failure by the Owner or any third party to operate, use, clean, maintain, service or inspect the House in accordance with the Homeowner Manual and/or the relevant manufacturer instructions.
Any alteration, addition, modification, extension, repair, re-installation or replacement carried out on or to the House by any party other than MVIVO or a contractor authorised in writing by MVIVO.
Improper installation of third-party products that were not supplied by MVIVO or were not installed according to MVIVO’s specifications, even if the Owner followed the third-party instructions.
Loads, stresses, point loads, fixings or attachments to the structure that exceed the design parameters of the House or were not approved in writing by MVIVO.
Movement, settlement, subsidence, heave or instability of the ground on which the House is sited.
Acts of God and force majeure events, including but not limited to earthquakes, floods, tsunamis, cyclones, storms, lightning, fire, smoke, explosion, war, terrorism, civil disturbance, vandalism, theft or other extreme events exceeding the relevant Eurocode design loads.
Water damage, mould, rot, mildew or fungal growth resulting from leaks, blockages or failures of Third-Party Items (such as plumbing, roof membrane or sanitary fittings), inadequate ventilation, condensation, or Owner behaviour.
Damage caused by pests, vermin, insects (other than where MVIVO’s treatment of materials has been verifiably defective), animals, plants or vegetation.
Damage caused by the Owner, occupants, guests, contractors, tenants or any third party, whether negligent or otherwise.
Cosmetic or aesthetic issues, including minor scratches, discolouration, cracks in finishes, paint, plaster, render or sealant that do not affect the structural integrity of the House.
Failure or interruption of public utilities or infrastructure (water supply, electricity, gas, telecommunications, sewage).
Environmental factors including pollution, extreme humidity or temperature, or other ambient conditions outside MVIVO’s control.
External construction activities, civil works or other actions affecting the House after Handover that are not controlled by MVIVO.
Any defect that the Owner knew about, or should reasonably have identified, prior to or at the Handover Date and that was not raised on the Snagging List, or that was raised on the Snagging List and subsequently signed off by the Owner as completed.
Failure by the Owner to take timely action to mitigate loss or damage, or to give MVIVO timely written notice of the defect.
Any defect or damage that is also covered by a manufacturer’s warranty assigned or passed through to the Owner under Section 4.
Any consequential, indirect, incidental, special, punitive or economic loss, including loss of use, loss of enjoyment, alternative accommodation costs, loss of rental income, loss of profits, business interruption or loss of data.
Use of the House for any purpose other than residential occupation or hospitality use (such as a private residence, villa, boutique hotel or guest house), unless any other use is expressly agreed in writing by MVIVO.

8. Conditions of the Warranty

The Warranty is conditional on the Owner complying with each of the following:

The House is used for residential occupation or hospitality purposes (such as a private residence, villa, boutique hotel or guest house), and not for any other purpose unless expressly agreed in writing by MVIVO.
The Owner maintains the House in accordance with the Homeowner Manual and the instructions of relevant third-party manufacturers, and keeps reasonable records of inspections and maintenance carried out.
No structural alteration, modification or addition has been made to the House other than by MVIVO or a contractor authorised by MVIVO in writing.
The Purchase Price has been paid to MVIVO in full in accordance with the Agreement.
The Owner provides MVIVO with reasonable access to the House to inspect, assess and (if applicable) carry out warranty works, Monday through Saturday between 8.00 a.m. and 5.00 p.m. local time, or at such other times as the parties may agree in writing.
The Owner notifies MVIVO of any alleged defect promptly, and in any event within 30 days of Discovery, in accordance with the claims procedure in Section 10.
Where the alleged defect is also covered by insurance or another warranty held by the Owner, the Owner assigns to MVIVO the proceeds of such insurance or other warranty to the extent of the cost incurred by MVIVO in remedying the defect.

9. Non-Transferability

This Warranty is granted solely to the Owner named as the purchaser in the Sale and Purchase agreement (or equivalent contractual instrument) with MVIVO and is personal to that Owner. It may not be assigned, pledged, charged, sub-contracted, transferred or otherwise dealt with, whether in whole or in part, in favour of any other person, including any subsequent owner, lessee, occupier, assignee, lender, insurer, tenant or contractor.

Upon any sale, lease, transfer or assignment of the House or the property on which it is constructed to any party other than the original Owner, this Warranty shall automatically and immediately cease to have effect, and MVIVO shall have no further obligation in respect of the House to the original Owner or to any successor in title.

10. How to Make a Claim

To make a Claim under this Warranty, the Owner shall:

Notify MVIVO in writing, using the contact details in Section 13, promptly upon Discovery of the alleged defect and in any event within 30 days of Discovery.
Include in the notification: the Owner’s full name, National Identity Card (NIC) number and contact details; the property address; the MVIVO contract / project reference number; the Handover Date (as per the signed Acceptance Form); a detailed description of the alleged defect and the component affected; the date the defect was first observed; clear photographs or video where possible; records of any maintenance carried out; and any prior correspondence with MVIVO regarding the issue.
Where the Claim relates to a Third-Party Item, contact the relevant manufacturer or supplier directly using the documentation provided at Handover. MVIVO will, on request, provide reasonable assistance in identifying the correct manufacturer contact.
Take all reasonable steps to mitigate any damage, including, where necessary, isolating water or electricity supply pending assessment.
Provide MVIVO and its authorised representatives with safe and reasonable access to the House to inspect, test and (if applicable) carry out warranty works during the access hours set out in Section 8.

10.1 MVIVO Response Timeline

Upon receipt of a written Claim, MVIVO will respond in accordance with the following indicative timeline:

Claim acknowledgment: within 3 working days of receipt of the written Claim.
Site inspection (emergency Claims involving structural failure, major water ingress or electrical hazard): within 7 working days of acknowledgment.
Site inspection (non-emergency Claims): within 30 working days of acknowledgment.
Written determination of the Claim: within 10 working days of completion of the inspection.
Commencement of approved remedial works: within 21 days of approval, subject to material availability.
Estimated completion of remedial works: communicated in writing at the time of repair scheduling.

MVIVO’s Consultant shall assess and determine the validity of any Claim, and any such determination shall be final and binding. A Claim shall be accepted only where (i) it is submitted in accordance with the prescribed procedure for submission of Claims within the stipulated period from the date of discovery, and (ii) it falls within the scope of the applicable Warranty. Any rejection of a Claim by MVIVO’s Consultant shall conclusively mean that the Warranty is not applicable in respect of such Claim.

10.2 MVIVO’s Right to Inspect

MVIVO reserves the right to inspect the alleged defect and the surrounding areas before any remedial work is undertaken. If MVIVO determines that the defect falls outside the scope of this Warranty, MVIVO will provide a written explanation and may, at its discretion, offer paid remedial services on commercial terms.

10.3 Remedy Options

Upon acceptance of a valid Claim, MVIVO will, at its sole discretion, do one of the following:

Repair the defective Structural Element using materials of equivalent or better specification.
Replace the defective Structural Element or component.
Where MVIVO is unable to carry out timely repair or replacement, reimburse the Owner for the reasonable documented cost of remediation carried out by a MVIVO-approved contractor.

MVIVO’s obligation is limited to restoring the affected Structural Element to its warranted condition. MVIVO does not warrant that any repaired or replaced component will be identical in colour, texture or finish to surrounding materials where natural weathering, fading or patina has occurred.

MVIVO’s aggregate liability under this Warranty is limited to the remedy of covered defects and shall not exceed the Purchase Price actually paid by the Owner (in Sri Lankan Rupees) under the Agreement.

No legal action may be brought against MVIVO in respect of a defect unless MVIVO has first received timely written notice of the defect in accordance with this Section 10 and has been given a reasonable opportunity to inspect and remedy it.

11. Limitation of Liability

To the maximum extent permitted by law:

MVIVO’s sole obligation under this Warranty is to repair, replace or otherwise remedy defects in Structural Elements that are validly claimed and accepted by MVIVO under the terms of this Warranty.
MVIVO shall not be liable for any indirect, incidental, consequential, special, punitive or economic loss, including but not limited to loss of use, loss of enjoyment, alternative accommodation costs, loss of rental income, loss of profits, business interruption or loss of data, even if MVIVO has been advised of the possibility of such losses.
MVIVO’s aggregate liability under this Warranty, together with all other liability of MVIVO under the Agreement, shall not exceed the Purchase Price actually paid by the Owner (in Sri Lankan Rupees) under the Agreement.
Nothing in this Warranty limits or excludes MVIVO’s liability for death or personal injury caused by MVIVO’s own gross negligence or wilful misconduct, or for any other liability that cannot lawfully be limited or excluded under the applicable laws of the Democratic Socialist Republic of Sri Lanka.

12. Governing Law and Dispute Resolution

This Warranty shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.

Any dispute, controversy or claim arising out of or in connection with this Warranty, including its interpretation, performance, breach, termination or validity, shall first be addressed by good-faith discussions between the parties. If the dispute is not resolved within fourteen (14) days of written notice from one party to the other, the dispute shall be referred to and finally resolved by arbitration in Colombo, Sri Lanka, conducted under the Rules of the Sri Lanka National Arbitration Centre (SLNAC) by a sole arbitrator appointed in accordance with those Rules. The seat of the arbitration shall be Colombo and the language of the arbitration shall be English. The award of the arbitrator shall be final and binding on the parties.

13. Warranty Contact

All warranty notifications and Claims must be sent in writing to:

MVIVO (Private) Limited
The Alfred at 127, Level 10
127 W A D Ramanayake Mawatha
Colombo 00200, Sri Lanka
Email: info@mvivo.lk
Telephone: +94 (11) 717 0000

14. General

This Warranty constitutes the entire warranty given by MVIVO in respect of the House and supersedes any prior representations, statements or warranties, whether oral or written, except for those expressly set out in the Agreement between MVIVO and the Owner.
If any provision of this Warranty is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
MVIVO may update this Warranty Policy from time to time. Any update will apply only to Houses handed over after the date of the update; the version in force at the Handover Date will continue to apply to Houses already handed over.
In the event of any inconsistency between this Warranty and the warranty section of the Homeowner Manual, this Warranty shall prevail in respect of Houses handed over on or after the Effective Date stated above.
The headings in this Warranty are for convenience only and do not affect its interpretation.
The current version of this Warranty Policy is published at mvivo.lk/warranty-policy and is referenced in the MVIVO House Term Sheet.

Last Updated: 20 May 2026