Common use of COMPLETION AND HAND OVER Clause in Contracts

COMPLETION AND HAND OVER. 7.1 It is anticipated that construction of the Section will be complete by the Completion Date, as reflected in Item 11 of the Information Schedule. 7.2 In the event that the Seller anticipates that the Completion Date will not be as per Item 11 of the Information Schedule, then it shall give notice to the Purchaser of a new expected Completion Date, but such new Completion Date shall not later than 2 (TWO) years from the Signature Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any nature by reason of the Completion Date being delayed. 7.3 The Purchaser (or his representative) shall attend a hand over inspection of the Section together with the Seller (or its representative or the Agent) at any pre- arranged time after the Completion Date in order to inspect and examine the Section and compile a list of alleged Snags in the Property (and all fixtures and fittings therein). Within 7 (SEVEN) days of the Occupation Date, the Purchaser may notify the Seller of any further alleged Snags in the Section. In order to be valid, such list of alleged Snags in the Property must be completed on the Seller’s standard Snag List document available online at xxx.xxxxxxxxxxxxx.xx.xx/xxxxxxxxxxxxx/. 7.4 The Architect (or his agent) shall determine whether the alleged Snags as listed or notified in terms of clause 7.3 are in fact Snags which should be remedied by the Seller and/or the Contractor at the Seller’s or the Contractor’s cost. The architect will make such determination in his sole and absolute discretion as an expert, and his decision will be final and binding on the Parties. 7.5 The Seller shall remedy or repair, or cause to be remedied or repaired, any Snags as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Seller, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the Snags. 7.6 The Purchaser shall be precluded from raising against the Seller at any time after the date falling 7 (SEVEN) days of the Occupation Date any alleged Snag which was not listed at inspection or notified within the time period, and the Purchaser shall not have any claim against the Seller arising therefrom. 7.7 The Seller shall remedy any material latent defect in the Section due to faulty workmanship or materials, manifesting itself within 180 (ONE HUNDRED AND EIGHTY) days of the Completion Date, provided that the Purchaser notifies the Seller thereof in writing within this period, and: 7.7.1 any dispute between the Seller and the Purchaser as to whether a defect constitutes a material defect shall be referred to the Architect for determination, who shall make such determination as an expert, and whose decision shall be final and binding on the Parties; and 7.7.2 the Seller shall remedy or repair, or cause to be remedied or repaired, any material latent defect as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Seller, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the said defect(s). 7.8 In the absence of any notice in terms of clause 7.7, the Purchaser shall be deemed to have accepted the Section in a fit and proper condition and be deemed to have acknowledged that the Seller has fully complied with its duties and obligations as set out herein and this sale will become “voetstoets”. The Seller, other than as provided for herein, shall not be liable for any defects in the Section, whether patent or latent after expiry of the period mentioned on clause 7.7. 7.9 Notwithstanding the provisions of this clause 7, the Seller shall strictly enforce for the benefit of the Purchaser any guarantee or warranty which it may enjoy, whether under the building contract with the Contractor or on any other basis. To the extent that such guarantee or warranty relates to the Property, the Seller hereby cedes all its rights in terms thereof to the Purchaser. 7.10 The following warranties are given in terms of the NHBRC Act: 7.10.1 The Contractor shall remedy, at its own expense, any major structural defects in the Building caused by non-compliance with the NHBRC technical requirements occurring within 5 (FIVE) years of the Occupation Date, if the 7.10.2 The Contractor shall remedy, at its own expense, any deficiency in the Building manifesting itself within 90 (NINETY) days of the Occupation Date due to faulty materials, design or workmanship, if the Contractor receives notice within this time; 7.10.3 The Contractor shall remedy, at its own expense, any roof leaks in the Building manifesting itself within 12 (TWELVE) months of the Occupation Date due to faulty materials, design or workmanship, if the Contractor receives notice from the Purchaser within this time. 7.11 The Purchaser acknowledges that for purposes of registration of transfer, only the Completion Certificate (as defined) is necessary. The existence or not of Snags will have no effect on the registration of transfer of the Property, the Transfer Date or payment to the Seller of the full Purchase Price.

COMPLETION AND HAND OVER. 7.1 8.1 It is anticipated that construction of the Section will be complete by the Completion Date, as reflected in Item 11 10 of the Information Schedule. 7.2 8.2 In the event that the Seller anticipates that the Completion Date will not be as per Item 11 10 of the Information Schedule, then it shall give notice to the Purchaser of a new expected Completion Date, but such new Completion Date shall not be later than 2 (TWO) years from the Signature Date. anticipated date of transfer. 8.3 The Purchaser shall have no claim against the Seller for damages or for compensation of any nature by reason of the Completion Date being delayed. 7.3 The Purchaser (or his representative) representative shall be entitled to attend a hand over inspection of the Section together with the Seller (Principal Agent or its representative or the Agent) his agent at any pre- pre-arranged time after before the relevant Completion Date in order to inspect and examine the Section and to compile a list of alleged Snags defects in the Property (and all fixtures and fittings therein). Within 7 (SEVEN) days of the Occupation Date, the Purchaser may notify the Seller of any further alleged Snags in the Section. In order therein which defects are to be valid, such list of alleged Snags in the Property must be completed on the Seller’s standard Snag List document available online at xxx.xxxxxxxxxxxxx.xx.xx/xxxxxxxxxxxxx/. 7.4 The Architect (or his agent) shall determine whether the alleged Snags as listed or notified in terms of clause 7.3 are in fact Snags which should be remedied by the Seller and/or the Contractor at Contractor. 8.4 During the Seller’s hand over inspection the Principal Agent or the Contractor’s cost. The architect will make such determination his agent may in his sole and absolute discretion as an expertdiscretion, but in consultation with the Purchaser, add items to the list which will be remedied by the Seller and/or the Contractor. 8.5 In the event however, that the Purchaser or his representative fails to attend the hand over inspection, despite having been duly notified thereof, the Principal Agent or his agent shall conduct such inspection alone, and without input from the Purchaser or his decision will representative. 8.6 The items included in the list of patent defects, if any, identified during the hand over inspection, shall be final and binding on between the Parties. 7.5 The Seller shall remedy or repair, or cause to be remedied or repaired, any Snags as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Sellerbe precluded, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the Snags. 7.6 The Purchaser shall be precluded from raising against the Seller at any later time after any defect which is alleged to have been a patent defect on the date falling 7 (SEVEN) days day of the Occupation Date any alleged Snag inspection, but which was does not listed at inspection or notified within the time periodappear on such defect list, and the Purchaser shall not have any claim against the Seller arising therefrom, nor shall the Purchaser be entitled to allege that any such unlisted defect renders the Section unfit for beneficial occupation. 7.7 8.7 The Seller and/or the Contractor shall remedy any defects that have been included on the list of defects as soon as reasonably possible. 8.8 Once the Principal Agent has satisfied himself that the housing development has been erected substantially, in accordance with any applicable official approved building plans and town-planning scheme and applicable by-laws and is sufficiently completed for the purposes of the housing interest concerned, he shall issue a Completion Certificate for the Property on date of completion and as per item 10 of the information schedule (but no later than 2 (two) years from the anticipated Transfer Date date), failing which the Purchaser shall be entitled to cancel this contract by written notice to the Seller, whereupon neither party shall have any claim of any nature against each other, except that the Purchaser shall be entitled to immediate repayment of the Deposit plus interest earned thereon, less any amount due in respect of interest or other amount due in terms of this Contract. 8.9 The Purchaser agrees that the Completion Certificate issued by the Principal Agent shall be sufficient proof that the Property is available for occupation and is free of any patent defects as at the Completion Date. 8.10 The Seller shall remedy any material latent defect in the Section due to faulty workmanship or materials, manifesting itself within 180 within180 (ONE HUNDRED AND EIGHTY) days of the Completion Transfer Date, provided that the Purchaser notifies the Seller thereof in writing within this the said period, and: 7.7.1 any . Any dispute between the Seller and the Purchaser as to whether a defect constitutes a material defect shall be referred to the Architect Principal Agent for determination, who shall make such determination as an expert, and whose decision shall be final and binding on the Parties; and 7.7.2 the Seller shall remedy or repair, or cause to be remedied or repaired, any material latent defect as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Seller, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the said defect(s). 7.8 In the absence of any notice in terms of clause 7.7, the Purchaser shall be deemed to have accepted the Section in a fit and proper condition and be deemed to have acknowledged that the Seller has fully complied with its duties and obligations as set out herein and this sale will become “voetstoets”. The Seller, other than as provided for herein, shall not be liable for any defects in the Section, whether patent or latent after expiry of the period mentioned on clause 7.7. 7.9 8.11 Notwithstanding the provisions of this clause 78, the Seller shall strictly enforce enforce, for the benefit of the Purchaser Purchaser, any guarantee or warranty which it may enjoy, whether enjoy under the building contract with the Contractor or on any other basis. Contractor. 8.12 To the extent that such guarantee or warranty relates to appliances fitted at the Propertyproperty, the Seller hereby cedes all its rights in terms thereof to the Purchaser. 7.10 The following warranties are given in terms of . All documentation relating to the NHBRC Act: 7.10.1 The Contractor guarantee / warranty for appliances shall remedy, at its own expense, any major structural defects in the Building caused by non-compliance with the NHBRC technical requirements occurring within 5 (FIVE) years of the Occupation Date, if the 7.10.2 The Contractor shall remedy, at its own expense, any deficiency in the Building manifesting itself within 90 (NINETY) days of the Occupation Date due be handed to faulty materials, design or workmanship, if the Contractor receives notice within this time; 7.10.3 The Contractor shall remedy, at its own expense, any roof leaks in the Building manifesting itself within 12 (TWELVE) months of the Occupation Date due to faulty materials, design or workmanship, if the Contractor receives notice from the Purchaser within this timeon transfer and the Purchaser shall be liable to enforce these guarantees / warranties if necessary. 7.11 The Purchaser acknowledges that for purposes of registration of transfer, only the Completion Certificate (as defined) is necessary. The existence or not of Snags will have no effect on the registration of transfer of the Property, the Transfer Date or payment to the Seller of the full Purchase Price.

COMPLETION AND HAND OVER. 7.1 It is anticipated that construction of the Section will be complete by the Completion Date, as reflected in Item 11 of the Information Schedule. 7.2 In the event that the Seller anticipates that the Completion Date will not be as per Item 11 of the Information Schedule, then it shall give notice to the Purchaser of a new expected Completion Date, but such new Completion Date shall not later than 2 (TWO) years from the Signature Date11.1. The Purchaser shall have no claim against the Seller for damages or for compensation of any nature by reason of the Completion Date being delayed. 7.3 The Purchaser (or his representative) representative shall be obliged to attend a hand over inspection of the Section Property together with the Seller (or its Seller’s representative or the Agent) at any pre- arranged time after before the Completion Occupation Date in order to inspect and examine the Section and compile a list of alleged Snags in the Property (and all fixtures and fittings therein)Property. Within 7 (SEVEN) days The Purchaser shall be advised of the Occupation Date, the Purchaser may notify the Seller of any further alleged Snags in the Section. In order to be valid, such list of alleged Snags in the Property must be completed on defects listed by the Seller’s standard Snag List document available online at xxx.xxxxxxxxxxxxx.xx.xx/xxxxxxxxxxxxx/. 7.4 The Architect (or his agent) shall determine whether project manager and be given the alleged Snags as listed or notified in terms of clause 7.3 opportunity to add reasonable defects identified by the Purchaser to the list which are in fact Snags which should to be remedied by the Seller and/or Seller. Upon determination of the Contractor at defects list the Seller’s or Purchaser shall sign the Contractor’s cost. The architect will make such determination in his sole requisite "letter of Completion" and absolute discretion as an expert"Progress payment form", and his decision will be final and binding on the Partiesrequired by Mortgagee Banks. 7.5 11.2. The Seller shall remedy or repair, or cause to be remedied or repaired, any Snags as determined defects that have been listed (and approved by the Architect project manager) on the said defects list pursuant to clause 11.1, as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Seller, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the Snags. 7.6 The Purchaser shall be precluded from raising against the Seller at any time possible after the date falling 7 (SEVEN) days of the Occupation Date any alleged Snag which was not listed at inspection or notified within the time period, and the Purchaser shall not have any claim against the Seller arising therefrom. 7.7 occupation date. The Seller shall remedy any material latent patent defect in the Section Property due to faulty workmanship or materials, materials manifesting itself within 180 (ONE HUNDRED AND EIGHTY) 30 days of the Completion Dateoccupation date, provided that the Purchaser notifies the Seller thereof in writing within this period, and: 7.7.1 any the said period of 30 days. Any dispute between the Seller and the Purchaser as to whether a the defect constitutes a material defect defect, shall be referred to the Architect architect for determination, who shall make such determination as an expert, and whose decision shall be final and binding on the Parties; andparties. 7.7.2 11.3. In addition to the obligation of the Seller in clause 11.2 to remedy patent and latent defects, the Seller shall remedy or repairbe obliged to:- 11.3.1. At its own expense repair any roof leaks that occur in respect of the Property within the first 12 (twelve) months of the occupation date, or cause to be remedied or repaired, any material latent defect as determined by provided that the Architect as soon as reasonably possible, and Purchaser notifies the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Seller, the Contractor and all sub-contractors all access to the Section reasonably required to remedy Seller thereof in writing within the said defect(s)period of 12 (twelve) months; 11.3.2. Rectify any defect of a nature in respect of the substructure or the superstructure of the Property for a period of 5 (five) years of the occupation date, provided the Purchaser notifies the Seller in writing thereof within the said 5 (five) year period. 7.8 11.4. In the absence of any notice as referred to in terms of clause 7.7, 11.3 above the Purchaser shall be deemed to have accepted the Section Property in a fit and proper condition and be deemed to have acknowledged that the Seller has fully complied with its duties and obligations as set out herein and this sale will become “voetstoets”. The Seller, other than as provided for herein, shall not be liable for any defects in the Section, whether patent or latent after expiry of the period mentioned on clause 7.7aforesaid clause. 7.9 Notwithstanding the provisions of this clause 7, the Seller shall strictly enforce for the benefit of the Purchaser any guarantee or warranty which it may enjoy, whether under the building contract with the Contractor or on any other basis. To the extent that such guarantee or warranty relates to the Property, the Seller hereby cedes all its rights in terms thereof to the Purchaser. 7.10 The following warranties are given in terms of the NHBRC Act: 7.10.1 The Contractor shall remedy, at its own expense, any major structural defects in the Building caused by non-compliance with the NHBRC technical requirements occurring within 5 (FIVE) years of the Occupation Date, if the 7.10.2 The Contractor shall remedy, at its own expense, any deficiency in the Building manifesting itself within 90 (NINETY) days of the Occupation Date due to faulty materials, design or workmanship, if the Contractor receives notice within this time; 7.10.3 The Contractor shall remedy, at its own expense, any roof leaks in the Building manifesting itself within 12 (TWELVE) months of the Occupation Date due to faulty materials, design or workmanship, if the Contractor receives notice from the Purchaser within this time. 7.11 The Purchaser acknowledges that for purposes of registration of transfer, only the Completion Certificate (as defined) is necessary. The existence or not of Snags will have no effect on the registration of transfer of the Property, the Transfer Date or payment to the Seller of the full Purchase Price.

COMPLETION AND HAND OVER. 7.1 8.1 It is anticipated that construction of the Section will be complete by the Completion Date, as reflected in Item 11 10 of the Information Schedule. 7.2 8.2 In the event that the Seller anticipates that the Completion Date will not be as per Item 11 10 of the Information Schedule, then it shall give notice to the Purchaser of a new expected Completion Date, but such new Completion Date shall not later than 2 (TWO) years from the Signature Date. anticipated date of transfer. 8.3 The Purchaser shall have no claim against the Seller for damages or for compensation of any nature by reason of the Completion Date being delayed. 7.3 The Purchaser (or his representative) representative shall be entitled to attend a hand over inspection of the Section together with the Seller (Principal Agent or its representative or the Agent) his agent at any pre- pre-arranged time after before the relevant Completion Date in order to inspect and examine the Section and to compile a list of alleged Snags defects in the Property (and all fixtures and fittings therein). Within 7 (SEVEN) days of the Occupation Date, the Purchaser may notify the Seller of any further alleged Snags in the Section. In order therein which defects are to be valid, such list of alleged Snags in the Property must be completed on the Seller’s standard Snag List document available online at xxx.xxxxxxxxxxxxx.xx.xx/xxxxxxxxxxxxx/. 7.4 The Architect (or his agent) shall determine whether the alleged Snags as listed or notified in terms of clause 7.3 are in fact Snags which should be remedied by the Seller and/or the Contractor at Contractor. 8.4 During the Seller’s hand over inspection the Principal Agent or the Contractor’s cost. The architect will make such determination his agent may in his sole and absolute discretion as an expertdiscretion, but in consultation with the Purchaser, add items to the list which will be remedied by the Seller and/or the Contractor. 8.5 In the event however, that the Purchaser or his representative fails to attend the hand over inspection, despite having been duly notified thereof, the Principal Agent or his agent shall conduct such inspection alone, and without input from the Purchaser or his decision will representative. 8.6 The items included in the list of patent defects, if any, identified during the hand over inspection, shall be final and binding on between the Parties. 7.5 The Seller shall remedy or repair, or cause to be remedied or repaired, any Snags as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Sellerbe precluded, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the Snags. 7.6 The Purchaser shall be precluded from raising against the Seller at any later time after any defect which is alleged to have been a patent defect on the date falling 7 (SEVEN) days day of the Occupation Date any alleged Snag inspection, but which was does not listed at inspection or notified within the time periodappear on such defect list, and the Purchaser shall not have any claim against the Seller arising therefrom, nor shall the Purchaser be entitled to allege that any such unlisted defect renders the Section unfit for beneficial occupation. 7.7 8.7 The Seller and/or the Contractor shall remedy any defects that have been included on the list of defects as soon as reasonably possible. 8.8 Once the Principal Agent has satisfied himself that the housing development has been erected substantially, in accordance with any applicable official approved building plans and town-planning scheme and applicable by-laws and is sufficiently completed for the purposes of the housing interest concerned, he shall issue a Completion Certificate for the Property on date of completion and as per item 10 of the information schedule (but no later than 2 (two) years from the anticipated Transfer Date date), failing which the Purchaser shall be entitled to cancel this contract by written notice to the Seller, whereupon neither party shall have any claim of any nature against each other, except that the Purchaser shall be entitled to immediate repayment of the Deposit plus interest earned thereon, less any amount due in respect of interest or other amount due in terms of this Contract. 8.9 The Purchaser agrees that the Completion Certificate issued by the Principal Agent shall be sufficient proof that the Property is available for occupation and is free of any patent defects as at the Completion Date. 8.10 The Seller shall remedy any material latent defect in the Section due to faulty workmanship or materials, manifesting itself within 180 within180 (ONE HUNDRED AND EIGHTY) days of the Completion Transfer Date, provided that the Purchaser notifies the Seller thereof in writing within this the said period, and: 7.7.1 any . Any dispute between the Seller and the Purchaser as to whether a defect constitutes a material defect shall be referred to the Architect Principal Agent for determination, who shall make such determination as an expert, and whose decision shall be final and binding on the Parties; and 7.7.2 the Seller shall remedy or repair, or cause to be remedied or repaired, any material latent defect as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Seller, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the said defect(s). 7.8 In the absence of any notice in terms of clause 7.7, the Purchaser shall be deemed to have accepted the Section in a fit and proper condition and be deemed to have acknowledged that the Seller has fully complied with its duties and obligations as set out herein and this sale will become “voetstoets”. The Seller, other than as provided for herein, shall not be liable for any defects in the Section, whether patent or latent after expiry of the period mentioned on clause 7.7. 7.9 8.11 Notwithstanding the provisions of this clause 78, the Seller shall strictly enforce enforce, for the benefit of the Purchaser Purchaser, any guarantee or warranty which it may enjoy, whether enjoy under the building contract with the Contractor or on any other basis. Contractor. 8.12 To the extent that such guarantee or warranty relates to appliances fitted at the Propertyproperty, the Seller hereby cedes all its rights in terms thereof to the Purchaser. 7.10 The following warranties are given in terms of . All documentation relating to the NHBRC Act: 7.10.1 The Contractor guarantee / warranty for appliances shall remedy, at its own expense, any major structural defects in the Building caused by non-compliance with the NHBRC technical requirements occurring within 5 (FIVE) years of the Occupation Date, if the 7.10.2 The Contractor shall remedy, at its own expense, any deficiency in the Building manifesting itself within 90 (NINETY) days of the Occupation Date due be handed to faulty materials, design or workmanship, if the Contractor receives notice within this time; 7.10.3 The Contractor shall remedy, at its own expense, any roof leaks in the Building manifesting itself within 12 (TWELVE) months of the Occupation Date due to faulty materials, design or workmanship, if the Contractor receives notice from the Purchaser within this timeon transfer and the Purchaser shall be liable to enforce these guarantees / warranties if necessary. 7.11 The Purchaser acknowledges that for purposes of registration of transfer, only the Completion Certificate (as defined) is necessary. The existence or not of Snags will have no effect on the registration of transfer of the Property, the Transfer Date or payment to the Seller of the full Purchase Price.

COMPLETION AND HAND OVER. 7.1 8.1 It is anticipated that construction of the Section will be complete by the Completion Date, as reflected in Item 11 10 of the Information Schedule. 7.2 8.2 In the event that the Seller anticipates that the Completion Date will not be as per Item 11 10 of the Information Schedule, then it shall give notice to the Purchaser of a new expected Completion Date, but such new Completion Date shall not later than 2 (TWO) years from the Signature Date. anticipated date of transfer. 8.3 The Purchaser shall have no claim against the Seller for damages or for compensation of any nature by reason of the Completion Date being delayed. 7.3 The Purchaser (or his representative) representative shall be entitled to attend a hand over inspection of the Section together with the Seller (Principal Agent or its representative or the Agent) his agent at any pre- arranged time after before the relevant Completion Date in order to inspect and examine the Section and to compile a list of alleged Snags defects in the Property (and all fixtures and fittings therein). Within 7 (SEVEN) days of the Occupation Date, the Purchaser may notify the Seller of any further alleged Snags in the Section. In order therein which defects are to be valid, such list of alleged Snags in the Property must be completed on the Seller’s standard Snag List document available online at xxx.xxxxxxxxxxxxx.xx.xx/xxxxxxxxxxxxx/. 7.4 The Architect (or his agent) shall determine whether the alleged Snags as listed or notified in terms of clause 7.3 are in fact Snags which should be remedied by the Seller and/or the Contractor at Contractor. 8.4 During the Seller’s hand over inspection the Principal Agent or the Contractor’s cost. The architect will make such determination his agent may in his sole and absolute discretion as an expertdiscretion, but in consultation with the Purchaser, add items to the list which will be remedied by the Seller and/or the Contractor. 8.5 In the event however, that the Purchaser or his representative fails to attend the hand over inspection, despite having been duly notified thereof, the Principal Agent or his agent shall conduct such inspection alone, and without input from the Purchaser or his decision will representative. 8.6 The items included in the list of patent defects, if any, identified during the hand over inspection, shall be final and binding on between the Parties. 7.5 The Seller shall remedy or repair, or cause to be remedied or repaired, any Snags as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Sellerbe precluded, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the Snags. 7.6 The Purchaser shall be precluded from raising against the Seller at any later time after any defect which is alleged to have been a patent defect on the date falling 7 (SEVEN) days day of the Occupation Date any alleged Snag inspection, but which was does not listed at inspection or notified within the time periodappear on such defect list, and the Purchaser shall not have any claim against the Seller arising therefrom, nor shall the Purchaser be entitled to allege that any such unlisted defect renders the Section unfit for beneficial occupation. 7.7 8.7 The Seller and/or the Contractor shall remedy any defects that have been included on the list of defects as soon as reasonably possible. 8.8 Once the Principal Agent has satisfied himself that the housing development has been erected substantially, in accordance with any applicable official approved building plans and town-planning scheme and applicable by-laws and is sufficiently completed for the purposes of the housing interest concerned, he shall issue a Completion Certificate for the Property on date of completion and as per item 10 of the information schedule (but no later than 2 (two) years from the anticipated Transfer Date date), failing which the Purchaser shall be entitled to cancel this contract by written notice to the Seller, whereupon neither party shall have any claim of any nature against each other, except that the Purchaser shall be entitled to immediate repayment of the Deposit plus interest earned thereon, less any amount due in respect of interest or other amount due in terms of this Contract. 8.9 The Purchaser agrees that the Completion Certificate issued by the Principal Agent shall be sufficient proof that the Property is available for occupation and is free of any patent defects as at the Completion Date. 8.10 The Seller shall remedy any material latent defect in the Section due to faulty workmanship or materials, manifesting itself within 180 (ONE HUNDRED AND EIGHTY) days of the Completion Transfer Date, provided that the Purchaser notifies the Seller thereof in writing within this the said period, and: 7.7.1 any . Any dispute between the Seller and the Purchaser as to whether a defect constitutes a material defect shall be referred to the Architect Principal Agent for determination, who shall make such determination as an expert, and whose decision shall be final and binding on the Parties; and 7.7.2 the Seller shall remedy or repair, or cause to be remedied or repaired, any material latent defect as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Seller, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the said defect(s). 7.8 In the absence of any notice in terms of clause 7.7, the Purchaser shall be deemed to have accepted the Section in a fit and proper condition and be deemed to have acknowledged that the Seller has fully complied with its duties and obligations as set out herein and this sale will become “voetstoets”. The Seller, other than as provided for herein, shall not be liable for any defects in the Section, whether patent or latent after expiry of the period mentioned on clause 7.7. 7.9 8.11 Notwithstanding the provisions of this clause 78, the Seller shall strictly enforce enforce, for the benefit of the Purchaser Purchaser, any guarantee or warranty which it may enjoy, whether enjoy under the building contract with the Contractor or on any other basis. Contractor. 8.12 To the extent that such guarantee or warranty relates to appliances fitted at the Propertyproperty, the Seller hereby cedes all its rights in terms thereof to the Purchaser. 7.10 The following warranties are given in terms of . All documentation relating to the NHBRC Act: 7.10.1 The Contractor guarantee / warranty for appliances shall remedy, at its own expense, any major structural defects in the Building caused by non-compliance with the NHBRC technical requirements occurring within 5 (FIVE) years of the Occupation Date, if the 7.10.2 The Contractor shall remedy, at its own expense, any deficiency in the Building manifesting itself within 90 (NINETY) days of the Occupation Date due be handed to faulty materials, design or workmanship, if the Contractor receives notice within this time; 7.10.3 The Contractor shall remedy, at its own expense, any roof leaks in the Building manifesting itself within 12 (TWELVE) months of the Occupation Date due to faulty materials, design or workmanship, if the Contractor receives notice from the Purchaser within this timeon transfer and the Purchaser shall be liable to enforce these guarantees / warranties if necessary. 7.11 The Purchaser acknowledges that for purposes of registration of transfer, only the Completion Certificate (as defined) is necessary. The existence or not of Snags will have no effect on the registration of transfer of the Property, the Transfer Date or payment to the Seller of the full Purchase Price.

COMPLETION AND HAND OVER. 7.1 8.1 It is anticipated that construction of the Section will be complete by the Completion Date, as reflected in Item 11 10 of the Information Schedule. 7.2 8.2 In the event that the Seller anticipates that the Completion Date will not be as per Item 11 10 of the Information Schedule, then it shall give notice to the Purchaser of a new expected Completion Date, but such new Completion Date shall not later than 2 (TWO) years from the Signature Date. anticipated date of transfer. 8.3 The Purchaser shall have no claim against the Seller for damages or for compensation of any nature by reason of the Completion Date being delayed. 7.3 The Purchaser (or his representative) representative shall be entitled to attend a hand over inspection of the Section together with the Seller (Principal Agent or its representative or the Agent) his agent at any pre- pre‐ arranged time after before the relevant Completion Date in order to inspect and examine the Section and to compile a list of alleged Snags defects in the Property (and all fixtures and fittings therein). Within 7 (SEVEN) days of the Occupation Date, the Purchaser may notify the Seller of any further alleged Snags in the Section. In order therein which defects are to be valid, such list of alleged Snags in the Property must be completed on the Seller’s standard Snag List document available online at xxx.xxxxxxxxxxxxx.xx.xx/xxxxxxxxxxxxx/. 7.4 The Architect (or his agent) shall determine whether the alleged Snags as listed or notified in terms of clause 7.3 are in fact Snags which should be remedied by the Seller and/or the Contractor at Contractor. 8.4 During the Seller’s hand over inspection the Principal Agent or the Contractor’s cost. The architect will make such determination his agent may in his sole and absolute discretion as an expertdiscretion, but in consultation with the Purchaser, add items to the list which will be remedied by the Seller and/or the Contractor. 8.5 In the event however, that the Purchaser or his representative fails to attend the hand over inspection, despite having been duly notified thereof, the Principal Agent or his agent shall conduct such inspection alone, and without input from the Purchaser or his decision will representative. 8.6 The items included in the list of patent defects, if any, identified during the hand over inspection shall be final and binding on between the Parties. 7.5 The Seller shall remedy or repair, or cause to be remedied or repaired, any Snags as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Seller, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the Snags. 7.6 The Purchaser shall be precluded from raising against the Seller at any later time after any defect which is alleged to have been a patent defect on the date falling 7 (SEVEN) days day of the Occupation Date any alleged Snag inspection, but which was does not listed at inspection or notified within the time period, appear on such defect list and the Purchaser shall not have any claim against the Seller arising therefromtherefrom nor shall the Purchaser be entitled to allege that any such unlisted defect renders the Section unfit for beneficial occupation. 7.7 8.7 The Seller and/or the Contractor shall remedy any defects that have been included on the list of defects as soon as reasonably possible. 8.8 Once the Principal Agent has satisfied himself that the housing development has been erected substantially in accordance with any applicable official approved building plans and town‐planning scheme and applicable by‐laws and is sufficiently completed for the purposes of the housing interest concerned he shall issue a Completion Certificate for the Property on date of completion and as per item 10 of the information schedule (but no later than 2 (two) years from the anticipated Transfer Date date), failing which the Purchaser shall be entitled to cancel this contract by written notice to the Seller, whereupon neither party shall have any claim of any nature against each other, except that the Purchaser shall be entitled to immediate repayment of the Deposit plus interest earned thereon, less any amount due in respect of interest or other amount due in terms of this Contract. 8.9 The Purchaser agrees that the Completion Certificate issued by the Principal Agent shall be sufficient proof that the Property is available for occupation and is free of any patent defects as at the Completion Date. 8.10 The Seller shall remedy any material latent defect in the Section due to faulty workmanship or materials, manifesting itself within 180 (ONE 180(ONE HUNDRED AND EIGHTY) days of the Completion Transfer Date, provided that the Purchaser notifies the Seller thereof in writing within this the said period, and: 7.7.1 any . Any dispute between the Seller and the Purchaser as to whether a defect constitutes a material defect shall be referred to the Architect Principal Agent for determination, who shall make such determination as an expert, and whose decision shall be final and binding on the Parties; and 7.7.2 the Seller shall remedy or repair, or cause to be remedied or repaired, any material latent defect as determined by the Architect as soon as reasonably possible, and the provisions of clause 6.4 will be applicable should replacements be necessary. The Purchaser shall give the Seller, the Contractor and all sub-contractors all access to the Section reasonably required to remedy the said defect(s). 7.8 In the absence of any notice in terms of clause 7.7, the Purchaser shall be deemed to have accepted the Section in a fit and proper condition and be deemed to have acknowledged that the Seller has fully complied with its duties and obligations as set out herein and this sale will become “voetstoets”. The Seller, other than as provided for herein, shall not be liable for any defects in the Section, whether patent or latent after expiry of the period mentioned on clause 7.7. 7.9 8.11 Notwithstanding the provisions of this clause 78, the Seller shall strictly enforce for the benefit of the Purchaser any guarantee or warranty which it may enjoy, whether under the building contract with the Contractor or on any other basis. To the extent that such guarantee or warranty relates to the Property, the Seller hereby cedes all its rights in terms thereof to the Purchaser. 7.10 The following warranties are given in terms of the NHBRC Act: 7.10.1 The Contractor shall remedy, at its own expense, any major structural defects in the Building caused by non-compliance with the NHBRC technical requirements occurring within 5 (FIVE) years of the Occupation Date, if the 7.10.2 The Contractor shall remedy, at its own expense, any deficiency in the Building manifesting itself within 90 (NINETY) days of the Occupation Date due to faulty materials, design or workmanship, if the Contractor receives notice within this time; 7.10.3 The Contractor shall remedy, at its own expense, any roof leaks in the Building manifesting itself within 12 (TWELVE) months of the Occupation Date due to faulty materials, design or workmanship, if the Contractor receives notice from the Purchaser within this time. 7.11 The Purchaser acknowledges that for purposes of registration of transfer, only the Completion Certificate (as defined) is necessary. The existence or not of Snags will have no effect on the registration of transfer of the Property, the Transfer Date or payment to the Seller of the full Purchase Price.