Common use of COMPLETION OF THE SECTION Clause in Contracts

COMPLETION OF THE SECTION. 3.1 The SELLER hereby undertakes to procure that the SECTION is erected substantially in accordance with the PLAN and is sufficiently complete for beneficial occupation, by the DATE OF POSSESSION, provided the PURCHASER has paid or duly secured the Total Consideration referred to in 1.3 of the AGREEMENT (as contemplated in paragraph 3 of the CONTRACT). 3.2 The PURCHASER shall not give any instructions of any nature to the ARCHITECT, contractor, or sub-contractor(s). Should the SELLER agree to any deviation from the PLAN, such deviation shall be reduced to writing and any amounts payable in terms of such deviation shall be payable by the PURCHASER to the SELLER on demand, and prior to any deviations being carried out by the SELLER. 3.3 The PURCHASER shall, within 30 (THIRTY) days of the DATE OF POSSESSION, deliver to the SELLER a list, signed by himself, enumerating any defects in the SECTION where same are due to defective materials or workmanship, and the SELLER shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER shall have no further claim against the SELLER, save as otherwise provided for herein. Should the PURCHASER fail to deliver the aforesaid list to the SELLER within the aforesaid 30 (THIRTY) day period, then in that event, the PURCHASER shall be deemed to have inspected the SECTION and not found any defects therein. 3.4 Save as provided in this CONTRACT, the PURCHASER purchases the PROPERTY voetstoots and shall have no claim against the SELLER in respect of any defects whether latent or patent in the PROPERTY or the common property of the SCHEME. 3.5 If there is any dispute between the PURCHASER and the SELLER as to whether the SECTION has been constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the SECTION due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties. 3.6 The PURCHASER acknowledges that after the completion of the SECTION the SELLER and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the PROPERTY and the PURCHASER agrees that the SELLER and/or its agents, contractors and workmen shall at all times have reasonable access to the PROPERTY for the purposes of carrying out such work as may be necessary to enable the SELLER to procure the erection and layout of the aforementioned dwellings, driveways and other structures. The PURCHASER shall have no claim whatever against the SELLER by reason of any inconvenience or interference with the PURCHASER'S rights arising therefrom and the PURCHASER shall not, in any way whatsoever, interfere with the performance of the aforesaid work. 3.7 The SELLER warrants that the PROPERTY will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No. 95 of 1998. 3.8 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the SELLER warrants that: 3.8.1 the SECTION shall be constructed in a proper and workmanlike manner; 3.8.2 the SECTION will be fit for habitation on the DATE OF POSSESSION; and 3.8.3 the SECTION shall be constructed in accordance with: 3.8.3.1 the National Home Builders Registration Council Technical Requirements to the extent applicable to the SECTION at the date of enrolment of such SECTION with the National Home Builders Registration Council; and 3.8.3.2 the terms, plans and specifications referred to in this CONTRACT; 3.9 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the SELLER undertakes to: 3.9.1 rectify any major structural defects in the SECTION caused by non-compliance with the National Home Builders Registration Council’s Technical Requirements which occur within a period of five (5) years from the DATE OF POSSESSION and of which the SELLER is notified of by the PURCHASER within that period; 3.9.2 rectify non-compliance with or deviation from the terms, plans and specifications referred to in this CONTRACT or any deficiency related to design, workmanship or material, of which the SELLER is notified by the PURCHASER of within a period of three (3) months from the DATE OF POSSESSION; 3.9.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSION. 3.10 In no way detracting from the generality of any other provision in this CONTRACT, it is recorded that the SELLER may, at the SELLER’s discretion, elect not to install any item on the schedule of finishes (which forms part of the PLAN), provided that the SELLER installs a similar item of similar quality in its place. In the event of there being any dispute as to whether the item installed by the SELLER is of a similar quality, the certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that such item is of a similar quality, shall be final and binding on the parties. 3.11 It is recorded that the schedule of finishes of the SECTION, which forms part of the PLAN, makes provision for the PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The PURCHASER shall be obliged to make its selection in this regard within 15 (FIFTEEN) days after the SELLER gives the PURCHASER notice that the aforesaid finishes, are available for inspection, failing which the SELLER will be entitled to make this selection on the PURCHASER’S behalf. 3.12 Again, in no way detracting from the SELLER’S rights in terms of this CONTRACT or at law, it is specifically recorded that the PURCHASER shall not be entitled to delay or refuse to comply with his obligations in terms of this CONTRACT (including, but in no way limited to the payment of the deposit and the furnishing of the guarantees referred to in paragraph 3 of the CONTRACT), if it disputes that the PROPERTY is sufficiently complete for beneficial occupation or should it believe that the SELLER has not complied with his obligations in terms of paragraph 3.3 of the CONDITIONS OF SALE. 3.13 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER be liable to make good any damage to any unit or the common property of the SCHEME caused by the PURCHASER or the PURCHASER’S employees, contractors, agents, representatives, or any other person who comes upon the SCHEME by virtue of the PURCHASER’S rights thereto. Further, the PURCHASER shall be liable for the costs of repairing any damage caused to the common property or any unit in the SCHEME by the PURCHASER, its contractors, agents, representatives, employees, or other persons who come upon the SCHEME by virtue of the PURCHASER’S rights thereto. 3.14 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of this CONTRACT, it is specifically recorded that the SELLER shall not be liable for the rectification of any defects or faults in the SECTION caused by surface water, storm water or rain water, normal settlement or cracking resulting from normal settlement, normal shrinkage, thermo cracking, geological disturbances, or normal wear and tear from use or neglect by the PURCHASER.

COMPLETION OF THE SECTION. 3.1 The SELLER hereby undertakes to procure that the SECTION is erected substantially in accordance with the PLAN and the SITE PLAN and is sufficiently complete for beneficial occupation, provided that the area of the SECTION shall not be more than 5 (FIVE) per cent more than, nor 5 (FIVE) per cent less than, the anticipated area shown on the Plan and reflected in 1.2 of the CONTRACT. Should the actual area differ by more than 5% of the DATE OF POSSESSION, provided the PURCHASER has paid or duly secured the Total Consideration anticipated area referred to in 1.3 1.2 of the AGREEMENT (as contemplated CONTRACT then the SELLER shall adjust the Purchase Price upwards or downwards in paragraph 3 the same proportion that the area of the CONTRACT)SECTION in this CONTRACT OF SALE bears to the Purchase Price. Provided always that the SELLER shall be entitled to either increase or decrease the number of SECTIONS depicted on the SITE PLAN without the written notice to the PURCHASER. 3.2 The SELLER shall be entitled to vary the PLAN and/or the SECTION NUMBER for the SCHEME to such extent as may, in the SELLER’S opinion, be reasonably necessary to: 3.2.1 meet any requirements of any competent authority; 3.2.2 meet any special features of the SECTION; 3.2.3 meet any special impediments such as water, sewer or electrical lines either above or under ground or within the building, or any other rock or soil condition; 3.2.4 give effect to any changes in material, finishes or fittings (including without limitation the colours and aesthetics of the SCHEME) which the SELLER considers to be appropriate or which may not be readily available at the time due to shortage in supply of such materials, finishes or fittings, without however detracting from the quality of the SCHEME and/or the SECTIONS; 3.2.5 obtain the approval of the sectional title development scheme and/or the opening of the REGISTER; 3.3 The PURCHASER shall not give any instructions of any nature to the ARCHITECT, contractor, ARCHITECT or the SELLER or the relevant sub-contractor(s). Should the SELLER agree to any deviation from the PLAN, such deviation shall be reduced to writing and any amounts payable in terms of such deviation shall be payable by the PURCHASER to the SELLER on demand, and prior to any deviations being carried out by the SELLER. 3.3 3.4 The PURCHASER shall, within 30 14 (THIRTYFOURTEEN) days of after the DATE OF POSSESSION, deliver to the SELLER a list, signed by himself, enumerating any defects in the SECTION where same are due to defective materials or workmanship, and the SELLER shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER shall have no further claim against the SELLER, save as otherwise provided for herein. Should In the event that the PURCHASER fail fails to deliver the aforesaid list to timeously notify the SELLER within the aforesaid 30 (THIRTY) day period, then in that eventof any defects, the PURCHASER shall be deemed to have inspected the SECTION and not found any defects therein. 3.4 Save as provided in this CONTRACT, the PURCHASER purchases the PROPERTY voetstoots and shall have no further claim against the SELLER in respect for rectification of any defects whether latent or patent in the PROPERTY or the common property of the SCHEMEsuch defects. 3.5 If there is any dispute between the PURCHASER and the SELLER as to whether the SECTION has been constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the SECTION PROPERTY due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties. 3.6 The PURCHASER acknowledges that after the completion of construction of the SECTION the SELLER and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways buildings and other structures on the PROPERTY SCHEME and the PURCHASER agrees that the SELLER and/or its agents, contractors and workmen shall at all times have reasonable access to the PROPERTY SCHEME for the purposes of carrying out such work as may be necessary to enable the SELLER to procure the erection and layout of the aforementioned dwellings, driveways and other structuresaforementioned. The PURCHASER shall have no claim whatever whatsoever against the SELLER by reason of any inconvenience or interference with the PURCHASER'S ’S rights arising therefrom hereout and the PURCHASER shall not, in any way whatsoever, interfere with the performance of the aforesaid work. 3.7 The SELLER warrants that the PROPERTY will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No. 95 of 1998. 3.8 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the SELLER warrants thatSECTION: 3.8.1 the SECTION 3.7.1 shall be constructed in a proper and workmanlike manner; 3.8.2 the SECTION 3.7.2 will be fit for habitation on the DATE OF POSSESSION; and; 3.8.3 the SECTION 3.7.3 shall be constructed in accordance with: 3.8.3.1 the National Home Builders Registration Council Technical Requirements to the extent applicable to the SECTION at the date of enrolment of such SECTION with the National Home Builders Registration Council; and 3.8.3.2 3.7.3.1 the terms, plans of this agreement and specifications the PLAN referred to in this CONTRACT;. 3.9 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the 3.8 The SELLER undertakes to: 3.9.1 3.8.1 rectify any major structural defects in the SECTION caused by non-compliance with the National Home Builders Registration Council’s Technical Requirements which occur within a period of five (5) years from the DATE OF POSSESSION and of which the SELLER is notified of by the PURCHASER within that period; 3.9.2 3.8.2 rectify non-compliance with or deviation deviations from the terms, plans and specifications referred to in this CONTRACT or any deficiency related to design, workmanship or material, of which the SELLER is notified by the PURCHASER of within a period of three (3) months from the DATE OF POSSESSION; 3.9.3 3.8.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSIONdate of practical completion. 3.10 In 3.9 Save as provided in this CONTRACT and the CPA to the contrary, the PURCHASER purchases the SECTION voetstoots and shall have no way detracting from claim against the generality SELLER in respect of any other provision defects whether latent or patent in this CONTRACT, it is recorded that the SELLER may, at the SELLER’s discretion, elect not to install any item on the schedule of finishes (which forms part of the PLAN), provided that the SELLER installs a similar item of similar quality in its place. In the event of there being any dispute as to whether the item installed by the SELLER is of a similar quality, the certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that such item is of a similar quality, shall be final and binding on the parties. 3.11 It is recorded that the schedule of finishes of the SECTION, which forms part of the PLAN, makes provision for the PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The PURCHASER shall be obliged to make its selection in this regard within 15 (FIFTEEN) days after the SELLER gives the PURCHASER notice that the aforesaid finishes, are available for inspection, failing which the SELLER will be entitled to make this selection on the PURCHASER’S behalf. 3.12 Again, in no way detracting from the SELLER’S rights in terms of this CONTRACT or at law, it is specifically recorded that the PURCHASER shall not be entitled to delay or refuse to comply with his obligations in terms of this CONTRACT (including, but in no way limited to the payment of the deposit and the furnishing of the guarantees referred to in paragraph 3 of the CONTRACT), if it disputes that the PROPERTY is sufficiently complete for beneficial occupation or should it believe that the SELLER has not complied with his obligations in terms of paragraph 3.3 of the CONDITIONS OF SALE. 3.13 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER be liable to make good any damage to any unit or the common property of the SCHEME caused SCHEME. 3.10 The SECTION is purchased subject to all conditions and servitudes, whether contained in the title deed of the SECTION, imposed by the PURCHASER or the PURCHASER’S employees, contractors, agents, representatives, local or any other person who comes upon the SCHEME by virtue competent authority in terms of the PURCHASER’S rights thereto. Furtherapplicable town planning scheme, contained in the CONVEYANCERS Section 11 (3) (b) certificate relating to the SCHEME, the SECTIONAL PLAN and the RULES, and the PURCHASER acknowledges having made himself fully acquainted with the SECTION, its nature, situation and extent the PLANS, the SPECIFICATION, the RULES and all other relevant documents. 3.11 The PURCHASER acknowledges that any Exclusive Use Area referred to in 1.3 and 1.4 of the CONTRACT shall be liable for the costs of repairing any damage caused to the common property or any unit created in the SCHEME by the PURCHASER, its contractors, agents, representatives, employees, or other persons who come upon the SCHEME by virtue terms of the PURCHASER’S rights theretoRULES and allocated accordingly. 3.14 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of this CONTRACT, it is specifically recorded that the SELLER shall not be liable for the rectification of any defects or faults in the SECTION caused by surface water, storm water or rain water, normal settlement or cracking resulting from normal settlement, normal shrinkage, thermo cracking, geological disturbances, or normal wear and tear from use or neglect by the PURCHASER.

COMPLETION OF THE SECTION. 3.1 The SELLER hereby undertakes to procure that the SECTION is erected substantially in accordance with the PLAN and is sufficiently complete for beneficial occupation, by the DATE OF POSSESSION, provided the PURCHASER has paid or duly secured the Total Consideration referred to in 1.3 of the AGREEMENT (as contemplated in paragraph 3 of the CONTRACT). 3.2 The PURCHASER shall not give any instructions of any nature to the ARCHITECT, contractor, contractor or sub-contractor(s). Should the SELLER agree to any deviation from the PLAN, such deviation shall be reduced to writing and any amounts payable in terms of such deviation shall be payable by the PURCHASER to the SELLER on demand, and prior to any deviations being carried out by the SELLER. 3.3 The PURCHASER shall, within 30 (THIRTY) days of the DATE OF POSSESSION, deliver to the SELLER a list, signed by himself, enumerating any defects in the SECTION where same are due to defective materials or workmanship, and the SELLER shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER shall have no further claim against the SELLER, save as otherwise provided for herein. Should the PURCHASER fail to deliver the aforesaid list to the SELLER within the aforesaid 30 (THIRTY) day period, then in that event, the PURCHASER shall be deemed to have inspected the SECTION and not found any defects therein. 3.4 Save as provided in this CONTRACT, the PURCHASER purchases the PROPERTY voetstoots and shall have no claim against the SELLER in respect of any defects whether latent or patent in the PROPERTY or the common property of the SCHEME. 3.5 If there is any dispute between the PURCHASER and the SELLER as to whether the SECTION has been constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the SECTION due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties. 3.6 The PURCHASER acknowledges that after the completion of the SECTION the SELLER and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the PROPERTY and the PURCHASER agrees that the SELLER and/or its agents, contractors and workmen shall at all times have reasonable access to the PROPERTY for the purposes of carrying out such work as may be necessary to enable the SELLER to procure the erection and layout of the aforementioned dwellings, driveways and other structures. The PURCHASER shall have no claim whatever against the SELLER by reason of any inconvenience or interference with the PURCHASER'S rights arising therefrom hereout and the PURCHASER shall not, in any way whatsoever, interfere with the performance of the aforesaid work. 3.7 The SELLER warrants that the PROPERTY will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No. 95 of 1998. 3.8 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the SELLER warrants that: 3.8.1 the SECTION shall be constructed in a proper and workmanlike manner; 3.8.2 the SECTION will be fit for habitation on the DATE OF POSSESSION; and 3.8.3 the SECTION shall be constructed in accordance with: 3.8.3.1 the National Home Builders Registration Council Technical Requirements to the extent applicable to the SECTION at the date of enrolment of such SECTION with the National Home Builders Registration Council; and 3.8.3.2 the terms, plans and specifications referred to in this CONTRACT; 3.9 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the SELLER undertakes to: 3.9.1 rectify any major structural defects in the SECTION caused by non-compliance with the National Home Builders Registration Council’s Technical Requirements which occur within a period of five (5) years from the DATE OF POSSESSION and of which the SELLER is notified of by the PURCHASER within that period; 3.9.2 rectify non-compliance with or deviation from the terms, plans and specifications referred to in this CONTRACT or any deficiency related to design, workmanship or material, of which the SELLER is notified by the PURCHASER of within a period of three (3) months from the DATE OF POSSESSION; 3.9.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSION. 3.10 In no way detracting from the generality of any other provision in this CONTRACT, it is recorded that the SELLER may, at the SELLER’s discretion, elect not to install any item on the schedule of finishes (which forms part of the PLAN), provided that the SELLER installs a similar item of similar quality in its place. In the event of there being any dispute as to whether the item installed by the SELLER is of a similar quality, the certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that such item is of a similar quality, shall be final and binding on the parties. 3.11 It is recorded that the schedule of finishes of the SECTION, which forms part of the PLAN, makes provision for the PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The PURCHASER shall be obliged to make its selection in this regard within 15 (FIFTEEN) days after the SELLER gives the PURCHASER notice that the aforesaid finishes, are available for inspection, failing which the SELLER will be entitled to make this selection on the PURCHASER’S behalf. 3.12 Again, in no way detracting from the SELLER’S rights in terms of this CONTRACT or at law, it is specifically recorded that the PURCHASER shall not be entitled to delay or refuse to comply with his obligations in terms of this CONTRACT (including, but in no way limited to the payment of the deposit and the furnishing of the guarantees referred to in paragraph 3 of the CONTRACT), if it disputes that the PROPERTY is sufficiently complete for beneficial occupation or should it believe that the SELLER has not complied with his obligations in terms of paragraph 3.3 of the CONDITIONS OF SALE. 3.13 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER be liable to make good any damage to any unit or the common property of the SCHEME caused by the PURCHASER or the PURCHASER’S employees, contractors, agents, representatives, representatives or any other person who comes upon the SCHEME by virtue of the PURCHASER’S rights thereto. Further, the PURCHASER shall be liable for the costs of repairing any damage caused to the common property or any unit in the SCHEME by the PURCHASER, its contractors, agents, representatives, employees, employees or other persons who come upon the SCHEME by virtue of the PURCHASER’S rights thereto. 3.14 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of this CONTRACT, it is specifically recorded that the SELLER shall not be liable for the rectification of any defects or faults in the SECTION caused by surface water, storm water or rain water, normal settlement or cracking resulting from normal settlement, normal shrinkage, thermo cracking, geological disturbances, or normal wear and tear from use or neglect by the PURCHASER.

COMPLETION OF THE SECTION. 3.1 The SELLER hereby 2.2.1. the Seller undertakes to procure that the SECTION Section is erected substantially in accordance with the PLAN Plan and is sufficiently complete for beneficial occupation, occupation by the DATE OF POSSESSION, 31 May 2022 (“Date of Possession”) provided the PURCHASER Purchaser has paid or duly secured the Total Consideration referred full Purchase Price and has paid the Occupational Interest Amount in arrears to be held in 1.3 of trust with the AGREEMENT (as contemplated in paragraph 3 of the CONTRACT).Transfer Attorneys; 3.2 2.2.2. The PURCHASER shall Purchaser will not give any instructions of any nature to the ARCHITECTArchitect, contractor, contractor or sub-contractor(s)subcontractors. Should the SELLER Seller agree to any deviation from the PLANPlan, such deviation shall be reduced to writing and any amounts payable in terms of such deviation shall be payable by the PURCHASER Purchaser to the SELLER Seller on demand, and prior to any deviations being carried out by the SELLER.; 3.3 2.2.3. The PURCHASER shall, Purchaser shall within 30 (THIRTYthirty) days of the DATE OF POSSESSIONDate of Possession, deliver to the SELLER Seller a list, signed by himself, enumerating any defects in the SECTION Section where same are due to defective materials or workmanship, and the SELLER Seller shall procure that such defects are made good as expeditiously as possible in the circumstancespossible. Once such defects have been made good to the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding on appointed architect the parties), the PURCHASER Purchaser shall have no further claim against the SELLER, save as otherwise provided for hereinSeller. Should the PURCHASER Purchaser fail to deliver the aforesaid list to the SELLER Seller within the aforesaid 30 (THIRTY) day period, then in that event, the PURCHASER said period he shall be deemed to have inspected the SECTION Section and not found any defects therein. 3.4 Save as provided in this CONTRACT, the PURCHASER purchases the PROPERTY voetstoots and shall have no claim against the SELLER in respect of any defects whether latent or patent in the PROPERTY or the common property of the SCHEME. 3.5 If there is any dispute between the PURCHASER and the SELLER as to whether the SECTION has been constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the SECTION due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties. 3.6 The PURCHASER acknowledges that after the completion of the SECTION the SELLER and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the PROPERTY and the PURCHASER agrees that the SELLER and/or its agents, contractors and workmen shall at all times have reasonable access to the PROPERTY for the purposes of carrying out such work as may be necessary to enable the SELLER to procure the erection and layout of the aforementioned dwellings, driveways and other structures2.2.4. The PURCHASER shall have no claim whatever against the SELLER by reason Seller undertakes in terms of any inconvenience or interference with the PURCHASER'S rights arising therefrom and the PURCHASER shall not, in any way whatsoever, interfere with the performance section 13(2)(b) of the aforesaid work. 3.7 The SELLER warrants that the PROPERTY will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No. Act No 95 of 1998. 3.8 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the SELLER warrants that: 3.8.1 the SECTION shall be constructed in a proper and workmanlike manner; 3.8.2 the SECTION will be fit for habitation on the DATE OF POSSESSION; and 3.8.3 the SECTION shall be constructed in accordance with: 3.8.3.1 the National Home Builders Registration Council Technical Requirements to the extent applicable to the SECTION at the date of enrolment of such SECTION with the National Home Builders Registration Council; and 3.8.3.2 the terms, plans and specifications referred to in this CONTRACT; 3.9 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the SELLER undertakes 1998 to: 3.9.1 rectify 2.2.4.1. Rectify any major structural defects in the SECTION Section caused by non-compliance with the National Home Builders Registration Council’s Councils Technical Requirements which occur within a period of five 5 (5five) years from the DATE OF POSSESSION Date of Possession and of which the SELLER Seller is notified of by the PURCHASER Purchaser within that period; 3.9.2 rectify 2.2.4.2. Rectify non-compliance with or deviation from the terms, plans and specifications referred to in this CONTRACT herein or any deficiency related to design, design workmanship or material, material of which the SELLER Seller is notified by the PURCHASER Purchaser of within a period of three 3 (3three) months from the DATE OF POSSESSIONDate of Possession; 3.9.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSION. 3.10 In no way detracting from the generality of any other provision in this CONTRACT, it is recorded that the SELLER may, at the SELLER’s discretion, elect not to install any item on the schedule of finishes (which forms part of the PLAN), provided that the SELLER installs a similar item of similar quality in its place. In the event of there being any dispute as to whether the item installed by the SELLER is of a similar quality, the certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that such item is of a similar quality, shall be final and binding on the parties. 3.11 It is recorded that the schedule of finishes of the SECTION, which forms part of the PLAN, makes provision for the PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The PURCHASER shall be obliged to make its selection in this regard within 15 (FIFTEEN) days after the SELLER gives the PURCHASER notice that the aforesaid finishes, are available for inspection, failing which the SELLER will be entitled to make this selection on the PURCHASER’S behalf. 3.12 Again, in no way detracting from the SELLER’S rights in terms of this CONTRACT or at law, it is specifically recorded that the PURCHASER shall not be entitled to delay or refuse to comply with his obligations in terms of this CONTRACT (including, but in no way limited to the payment of the deposit and the furnishing of the guarantees referred to in paragraph 3 of the CONTRACT), if it disputes that the PROPERTY is sufficiently complete for beneficial occupation or should it believe that the SELLER has not complied with his obligations in terms of paragraph 3.3 of the CONDITIONS OF SALE. 3.13 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER be liable to make good any damage to any unit or the common property of the SCHEME caused by the PURCHASER or the PURCHASER’S employees, contractors, agents, representatives, or any other person who comes upon the SCHEME by virtue of the PURCHASER’S rights thereto. Further, the PURCHASER shall be liable for the costs of repairing any damage caused to the common property or any unit in the SCHEME by the PURCHASER, its contractors, agents, representatives, employees, or other persons who come upon the SCHEME by virtue of the PURCHASER’S rights thereto. 3.14 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of this CONTRACT, it is specifically recorded that the SELLER shall not be liable for the rectification of any defects or faults in the SECTION caused by surface water, storm water or rain water, normal settlement or cracking resulting from normal settlement, normal shrinkage, thermo cracking, geological disturbances, or normal wear and tear from use or neglect by the PURCHASER.

COMPLETION OF THE SECTION. 3.1 The SELLER hereby undertakes to procure that the SECTION is erected substantially in accordance with the PLAN and is sufficiently complete for beneficial occupation, by the DATE OF POSSESSION, provided the PURCHASER has paid or duly secured the Total Consideration referred to in 1.3 1.7 of the AGREEMENT CONTRACT OF SALE (as contemplated in paragraph 3 of the CONTRACTCONTRACT OF SALE). 3.2 The PURCHASER shall not give any instructions of any nature to the ARCHITECT, contractor, contractor or sub-contractor(s). Should the SELLER agree to any deviation from the PLAN, such deviation shall be reduced to writing and any amounts payable in terms of such deviation shall be payable by the PURCHASER to the SELLER on demand, and prior to any deviations being carried out by the SELLER. 3.3 The PURCHASER shall, within 30 (THIRTY) days of the DATE OF POSSESSION, deliver to the SELLER a list, signed by himself, enumerating any defects in the SECTION where same are due to defective materials or workmanship, and the SELLER shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER shall have no further claim against the SELLER, save as otherwise provided for herein. Should the PURCHASER fail to deliver the aforesaid list to the SELLER within the aforesaid 30 (THIRTY) day period, then in that event, the PURCHASER shall be deemed to have inspected the SECTION and not found any defects therein. 3.4 Save as provided in this CONTRACTCONTRACT and the CPA to the contrary, the PURCHASER purchases the PROPERTY unit voetstoots and shall have no claim against the SELLER in respect of any defects defect whether latent or patent in the PROPERTY SECTION or the common property of the SCHEME. 3.5 If there is any dispute between the PURCHASER and the SELLER as to whether the SECTION has been constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the SECTION due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties. 3.6 The PURCHASER acknowledges that after the completion of the SECTION the SELLER and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the PROPERTY and the PURCHASER agrees that the SELLER and/or its agents, contractors and workmen shall at all times have reasonable access to the PROPERTY for the purposes of carrying out such work as may be necessary to enable the SELLER to procure the erection and layout of the aforementioned dwellings, driveways and other structures. The PURCHASER shall shall, except to the extent impermissible in terms of Section 45 of the CPA read with Regulation 44 (3) of the Consumer Regulations, where applicable, have no claim whatever against the SELLER by reason of any inconvenience or interference with the PURCHASER'S rights arising therefrom hereout and the PURCHASER shall not, in any way whatsoever, interfere with the performance of the aforesaid work. 3.7 The SELLER warrants that the PROPERTY SECTION will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No. 95 of 1998. 3.8 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the SELLER warrants that: 3.8.1 the SECTION shall be constructed in a proper and workmanlike manner;; SAMPLE 3.8.2 the SECTION will be fit for habitation on the DATE OF POSSESSIONPOSSESION; and 3.8.3 the SECTION shall be constructed in accordance with: 3.8.3.1 the National Home Builders Registration Council Technical Requirements to the extent applicable to the SECTION at the date of enrolment of such SECTION with the National Home Builders Registration Council; Council and 3.8.3.2 the terms, plans and specifications referred to in this CONTRACT; 3.9 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the SELLER undertakes to: 3.9.1 rectify any major structural defects in the SECTION caused by non-compliance with the National Home Builders Registration Council’s 's Technical Requirements which occur within a period of five (5) years from the DATE OF POSSESSION and of which the SELLER is notified of by the PURCHASER within that period; 3.9.2 rectify non-compliance with or deviation from the terms, plans and specifications referred to in this CONTRACT or any deficiency related to design, workmanship or material, of which the SELLER is notified by the PURCHASER of within a period of three (3) months from the DATE OF POSSESSION; 3.9.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSION. 3.10 In no way detracting from the generality of any other provision in this CONTRACT, it is recorded that the SELLER may, at the SELLER’s 'S discretion, elect not to install any item on the schedule of finishes (which forms part of the PLAN), provided that the SELLER installs a similar item of similar quality in its place. In the event of there being any dispute as to whether the item installed by the SELLER is of a similar quality, the certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that such item is of a similar quality, shall be final and binding on the parties. 3.11 It is recorded that the schedule of finishes of the SECTION, which forms part of the PLAN, makes provision for the PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The PURCHASER shall be obliged to make its selection in this regard within 15 (FIFTEEN) days after the SELLER gives the PURCHASER notice that the aforesaid finishes, are available for inspection, failing which the SELLER will be entitled to make this selection on the PURCHASER’S behalf. 3.12 Again, in no way detracting from the SELLER’S rights in terms of this CONTRACT or at law, it is specifically recorded that the PURCHASER shall not be entitled to delay or refuse to comply with his obligations in terms of this CONTRACT (including, but in no way limited to the payment of the deposit and the furnishing of the guarantees referred to in paragraph 3 of the CONTRACT), if it disputes that the PROPERTY is sufficiently complete for beneficial occupation or should it believe that the SELLER has not complied with his obligations in terms of paragraph 3.3 of the CONDITIONS OF SALE. 3.13 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER be liable to make good any damage to any unit or the common property of the SCHEME caused by the PURCHASER or the PURCHASER’S 'S employees, contractors, agents, representatives, representatives or any other person who comes upon the SCHEME by virtue of the PURCHASER’S 'S rights thereto. Further, the PURCHASER shall be liable for the costs of repairing any damage caused to the common property or any unit in the SCHEME by the PURCHASER, its contractors, agents, representatives, employees, employees or other persons who come upon the SCHEME by virtue of the PURCHASER’S 'S rights thereto. 3.14 3.12 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of this CONTRACT, it is specifically recorded that the SELLER shall not be liable for the rectification of any defects or faults in the SECTION caused by surface water, storm water or rain water, normal settlement or cracking resulting from normal settlement, normal shrinkage, thermo cracking, geological disturbances, or normal wear and tear from use or neglect by the PURCHASER. 3.13 It is recorded that the SECTION is a “special order good” as contemplated and defined in the CPA, in that the detailed design and specifications of the SECTION (as set out in Annexure “D” hereto) have been formulated and altered to meet the PURCHASER’S requirements.

COMPLETION OF THE SECTION. 3.1 The SELLER hereby undertakes to procure that the SECTION is erected substantially in accordance with the PLAN and is sufficiently complete for beneficial occupation, by the DATE OF POSSESSION, provided the PURCHASER has paid or duly secured the Total Consideration referred to in 1.3 1.7 of the AGREEMENT CONTRACT OF SALE (as contemplated in paragraph 3 of the CONTRACTCONTRACT OF SALE). 3.2 The PURCHASER shall not give any instructions of any nature to the ARCHITECT, contractor, contractor or sub-sub- contractor(s). Should the SELLER agree to any deviation from the PLAN, such deviation shall be reduced to writing and any amounts payable in terms of such deviation shall be payable by the PURCHASER to the SELLER on demand, and prior to any deviations being carried out by the SELLER. 3.3 The PURCHASER shall, within 30 (THIRTY) days of the DATE OF POSSESSION, deliver to the SELLER a list, signed by himself, enumerating any defects in the SECTION where same are due to defective materials or workmanship, and the SELLER shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER shall have no further claim against the SELLER, save as otherwise provided for herein. Should the PURCHASER fail to deliver the aforesaid list to the SELLER within the aforesaid 30 (THIRTY) day period, then in that event, the PURCHASER shall be deemed to have inspected the SECTION and not found any defects therein. 3.4 Save as provided in this CONTRACTCONTRACT and the CPA to the contrary, the PURCHASER purchases the PROPERTY unit voetstoots and shall have no claim against the SELLER in respect of any defects defect whether latent or patent in the PROPERTY SECTION or the common property of the SCHEME. 3.5 If there is any dispute between the PURCHASER and the SELLER as to whether the SECTION has been constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the SECTION due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties. 3.6 The PURCHASER acknowledges that after the completion of the SECTION the SELLER and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the PARENT PROPERTY and the PURCHASER agrees that the SELLER and/or its agents, contractors and workmen shall at all times have reasonable access to the PARENT PROPERTY for the purposes of carrying out such work as may be necessary to enable the SELLER to procure the erection and layout of the aforementioned dwellings, driveways and other structures. The PURCHASER shall shall, except to the extent impermissible in terms of Section 45 of the CPA read with Regulation 44 (3) of the Consumer Regulations, where applicable, have no claim whatever against the SELLER by reason of any inconvenience or interference with the PURCHASER'S rights arising therefrom hereout and the PURCHASER shall not, in any way whatsoever, interfere with the performance of the aforesaid work. 3.7 The SELLER warrants that the PROPERTY SECTION will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No. 95 of 1998. 3.8 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the SELLER warrants that: 3.8.1 the SECTION shall be constructed in a proper and workmanlike manner; 3.8.2 the SECTION will be fit for habitation on the DATE OF POSSESSIONPOSSESION; and 3.8.3 the SECTION shall be constructed in accordance with: 3.8.3.1 the National Home Builders Registration Council Technical Requirements to the extent applicable to the SECTION at the date of enrolment of such SECTION with the National Home Builders Registration Council; Council and 3.8.3.2 the terms, plans and specifications referred to in this CONTRACT; 3.9 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the SELLER undertakes to: 3.9.1 rectify any major structural defects in the SECTION caused by non-compliance with the National Home Builders Registration Council’s 's Technical Requirements which occur within a period of five (5) years from the DATE OF POSSESSION and of which the SELLER is notified of by the PURCHASER within that period; 3.9.2 rectify non-compliance with or deviation from the terms, plans and specifications referred to in this CONTRACT or any deficiency related to design, workmanship or material, of which the SELLER is notified by the PURCHASER of within a period of three (3) months from the DATE OF POSSESSION; 3.9.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSION. 3.10 In no way detracting from the generality of any other provision in this CONTRACT, it is recorded that the SELLER may, at the SELLER’s 'S discretion, elect not to install any item on the schedule of finishes (which forms part of the PLAN), provided that the SELLER installs a similar item of similar quality in its place. In the event of there being any dispute as to whether the item installed by the SELLER is of a similar quality, the certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that such item is of a similar quality, shall be final and binding on the parties. 3.11 It is recorded that the schedule of finishes of the SECTION, which forms part of the PLAN, makes provision for the PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The PURCHASER shall be obliged to make its selection in this regard within 15 (FIFTEEN) days after the SELLER gives the PURCHASER notice that the aforesaid finishes, are available for inspection, failing which the SELLER will be entitled to make this selection on the PURCHASER’S behalf. 3.12 Again, in no way detracting from the SELLER’S rights in terms of this CONTRACT or at law, it is specifically recorded that the PURCHASER shall not be entitled to delay or refuse to comply with his obligations in terms of this CONTRACT (including, but in no way limited to the payment of the deposit and the furnishing of the guarantees referred to in paragraph 3 of the CONTRACT), if it disputes that the PROPERTY is sufficiently complete for beneficial occupation or should it believe that the SELLER has not complied with his obligations in terms of paragraph 3.3 of the CONDITIONS OF SALE. 3.13 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER be liable to make good any damage to any unit or the common property of the SCHEME caused by the PURCHASER or the PURCHASER’S 'S employees, contractors, agents, representatives, representatives or any other person who comes upon the SCHEME by virtue of the PURCHASER’S 'S rights thereto. Further, the PURCHASER shall be liable for the costs of repairing any damage caused to the common property or any unit in the SCHEME by the PURCHASER, its contractors, agents, representatives, employees, employees or other persons who come upon the SCHEME by virtue of the PURCHASER’S 'S rights thereto. 3.14 3.12 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of this CONTRACT, it is specifically recorded that the SELLER shall not be liable for the rectification of any defects or faults in the SECTION caused by surface water, storm water or rain water, normal settlement or cracking resulting from normal settlement, normal shrinkage, thermo cracking, geological disturbances, or normal wear and tear from use or neglect by the PURCHASER. 3.13 It is recorded that the SECTION is a “special order good” as contemplated and defined in the CPA, in that the detailed design and specifications of the SECTION (as set out in Annexure “D” hereto) have been formulated and altered to meet the PURCHASER’S requirements.

COMPLETION OF THE SECTION. 3.1 8.1 The SELLER Seller hereby undertakes to procure that the SECTION Section is erected substantially in accordance with the PLAN Cross Section and Floor Plan annexed hereto marked “D” and “E” respectively and the Seller’s building plans and finished by the Seller in accordance with the Specification and Schedule of Finishes annexed hereto marked “F” and is sufficiently complete for beneficial occupation, occupation by the DATE OF POSSESSIONDate of Occupation and Possession recorded in paragraph N of the Schedule, provided the PURCHASER Purchaser has paid or duly secured the Total Consideration referred to total purchase price reflected in 1.3 paragraph J of the AGREEMENT Schedule (as contemplated in paragraph 3 clause 4 of the CONTRACTthese Terms and Conditions of Sale). 3.2 The PURCHASER shall not give any instructions of any nature to the ARCHITECT, contractor, or sub-contractor(s). 8.2 Should the SELLER Seller agree to any deviation from the PLANplans annexed hereto marked “D” and “E” or the Specification and Schedule of Finishes annexed hereto marked “F”, such deviation shall be reduced to writing and any amounts payable in terms of such deviation shall be payable by the PURCHASER Purchaser to the SELLER Seller on demand, and prior to any deviations being carried out by the SELLER. 3.3 The PURCHASER shall, within 8.3 Within 30 (THIRTY) days of the DATE OF POSSESSIONdate of occupation and possession, the Purchaser shall deliver to the SELLER Seller a list, signed by himself, enumerating any defects in the SECTION Section where same are due to defective materials or workmanship, and the SELLER Seller shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the ARCHITECT Seller’s engineer (acting as an expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER Purchaser shall have no further claim against the SELLERSeller, save as otherwise provided for herein. Should the PURCHASER Purchaser fail to deliver the aforesaid list to the SELLER Seller within the aforesaid 30 (THIRTY) day period, then in that event, the PURCHASER Purchaser shall be deemed to have inspected the SECTION Section and not found any defects therein. 3.4 Save as provided in this CONTRACT, the PURCHASER purchases the PROPERTY voetstoots and shall have no claim against the SELLER in respect of any defects whether latent or patent in the PROPERTY or the common property of the SCHEME. 3.5 8.4 If there is any dispute between the PURCHASER Purchaser and the SELLER Seller as to whether the SECTION Section has been constructed substantially in accordance with the PLAN plans annexed hereto marked “D” and “E” and the Specification and Schedule of Finishes annexed hereto marked “F” and/or has been erected in substantially the position as reflected in the SITE PLAN Site Layout Plan annexed hereto marked “C” and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the SECTION Section due to defective materials or workmanship, then such dispute shall be referred to dealt with in accordance with the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the partiesprovisions of clause 32 hereof. 3.6 8.5 The PURCHASER Purchaser acknowledges that after the completion of the SECTION Section the SELLER Seller and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the PROPERTY Land and the PURCHASER Purchaser agrees that the SELLER Seller and/or its agents, contractors and workmen shall at all times have reasonable access to the PROPERTY Land for the purposes of carrying out such work as may be necessary to enable the SELLER Seller to procure the erection and layout of the aforementioned dwellings, driveways and other structures. The PURCHASER Purchaser shall have no claim whatever against the SELLER Seller by reason of any inconvenience or interference with the PURCHASER'S Purchaser's rights arising therefrom hereout and the PURCHASER Purchaser shall not, in any way whatsoever, interfere with the performance of the aforesaid work. The Purchaser acknowledges that he shall not be entitled to communicate with, furnish instructions to, interfere with or hinder any of the Seller’s employees, contractors, sub-contractors, architects, engineer, land surveyor or the like and that any queries of whatsoever nature shall be directed to the Seller via email at the email address set out in paragraph B of the Schedule. 3.7 The SELLER warrants that the PROPERTY will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No. 95 of 1998. 3.8 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the SELLER warrants that: 3.8.1 the SECTION shall be constructed in a proper and workmanlike manner; 3.8.2 the SECTION will be fit for habitation on the DATE OF POSSESSION; and 3.8.3 the SECTION shall be constructed in accordance with: 3.8.3.1 the National Home Builders Registration Council Technical Requirements to the extent applicable to the SECTION at the date of enrolment of such SECTION with the National Home Builders Registration Council; and 3.8.3.2 the terms, plans and specifications referred to in this CONTRACT; 3.9 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the SELLER undertakes to: 3.9.1 rectify any major structural defects in the SECTION caused by non-compliance with the National Home Builders Registration Council’s Technical Requirements which occur within a period of five (5) years from the DATE OF POSSESSION and of which the SELLER is notified of by the PURCHASER within that period; 3.9.2 rectify non-compliance with or deviation from the terms, plans and specifications referred to in this CONTRACT or any deficiency related to design, workmanship or material, of which the SELLER is notified by the PURCHASER of within a period of three (3) months from the DATE OF POSSESSION; 3.9.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSION. 3.10 8.6 In no way detracting from the generality of any other provision in this CONTRACTAgreement, it is recorded that the SELLER Seller may, at the SELLERSeller’s discretion, elect not to install any item on the schedule Specification and Schedule of finishes (which forms part of the PLAN)Finishes, provided that the SELLER Seller installs a similar item of similar quality in its place. In the event of there being any dispute as to whether the item installed by the SELLER Seller is of a similar quality, the a certificate by the ARCHITECT Seller’s architect (acting as an expert and not an arbitrator) certifying that such item is of a similar quality, shall be final and binding on the parties. 3.11 8.7 It is recorded that the schedule Unit shall be completed in accordance with the Specification and Schedule of finishes Finishes of the SECTION, which forms part of the PLAN, makes provision for the PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The PURCHASER shall be obliged to make its selection in this regard within 15 (FIFTEEN) days after the SELLER gives the PURCHASER notice that the aforesaid finishes, are available for inspection, failing which the SELLER will be entitled to make this selection on the PURCHASER’S behalfSection annexed hereto marked “F”. 3.12 8.8 Again, in no way detracting from the SELLER’S Seller’s rights in terms of this CONTRACT Agreement or at law, it is specifically recorded that the PURCHASER Purchaser shall not be entitled to delay or refuse to comply with his obligations in terms of this CONTRACT Agreement (including, but in no way limited to the payment of the deposit and the furnishing of the guarantees referred to in paragraph 3 of the CONTRACTclause 4 hereof), if it he disputes that the PROPERTY Section is sufficiently complete for beneficial occupation or should it believe that the SELLER Seller has not complied with his its obligations in terms of paragraph 3.3 of the CONDITIONS OF SALEthis Agreement. 3.13 8.9 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER Seller be liable to make good any damage to any unit property or the common property of the SCHEME Scheme caused by the PURCHASER Purchaser or the PURCHASER’S Purchaser’s employees, contractors, agents, representatives, representatives or any other person who comes upon the SCHEME Scheme by virtue of the PURCHASER’S Purchaser’s rights thereto. Further, the PURCHASER Purchaser shall be liable for the costs of repairing any damage caused to the common property or any unit property in the SCHEME Scheme by the PURCHASERPurchaser, its his contractors, agents, representatives, employees, employees or other persons who come upon the SCHEME Scheme by virtue of the PURCHASER’S Purchaser’s rights thereto. 3.14 8.10 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of this CONTRACTAgreement, it is specifically recorded that the SELLER Seller shall not be liable for the rectification of any defects or faults in the SECTION Section caused by surface water, storm water or rain water, normal settlement or cracking resulting from normal settlement, normal shrinkage, thermo thermal cracking, geological geotechnical disturbances, or normal wear and tear from use or neglect by the PURCHASERPurchaser. 8.11 The Seller does not furnish any explicit or tacit guarantees in respect of the Unit. The Purchaser acknowledges that he was not persuaded into entering into this Agreement by any representations made to him by the Seller or any representative of the Seller, other than what is contained in this Agreement. 8.12 The Seller warrants that the Unit will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No 95 of 1998. 8.13 As is required in terms of Section 13(2)(a) of the aforesaid Act, the Seller warrants that: 8.13.1 the Section shall be constructed in a proper and workmanlike manner; 8.13.2 the Section will be fit for habitation on the date of possession; 8.13.3 the Section shall be constructed in accordance with: 8.13.3.1 the National Home Builders Registration Council’s Technical Requirements to the extent applicable to the Section at the date of enrolment of such Section with the National Home Builders Registration Council; and 8.13.3.2 the terms, plans and specifications referred to in this Agreement; 8.14 As provided for in Section 13(2)(b) of the aforesaid Act, the Seller undertakes to: 8.14.1 rectify any major structural defects in the Section caused by non- compliance with the National Home Builders Registration Council Technical Requirements which occur within a period of 5 (FIVE) years from the date of occupation and possession and of which the Seller is notified of by the Purchaser within that period; 8.14.2 notify non-compliance with or deviation from the terms, plans and specifications referred to in this Agreement or any deficiency related to design, workmanship or material, of which the Seller is notified by the Purchaser within a period of 3 (THREE) months from the date of occupation and possession; and 8.14.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the Seller is notified by the Purchaser of within a period of 12 (TWELVE) months from the date of occupation and possession.

COMPLETION OF THE SECTION. 3.1 The SELLER hereby undertakes to procure that the SECTION is erected substantially in accordance with the PLAN and is sufficiently complete for beneficial occupation, by the DATE OF POSSESSION, provided the PURCHASER has paid or duly secured the Total Consideration referred to in 1.3 1.5 of the AGREEMENT CONTRACT OF SALE (as contemplated in paragraph 3 of the CONTRACTCONTRACT OF SALE). 3.2 The PURCHASER shall not give any instructions of any nature to the ARCHITECT, contractor, contractor or sub-contractor(s). Should the SELLER agree to any deviation from the PLAN, such deviation shall be reduced to writing and any amounts payable in terms of such deviation shall be payable by the PURCHASER to the SELLER on demand, and prior to any deviations being carried out by the SELLER. 3.3 The PURCHASER shall, within 30 (THIRTY) days of the DATE OF POSSESSION, deliver to the SELLER a list, signed by himself, enumerating any defects in the SECTION where same are due to defective materials or workmanship, and the SELLER shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER shall have no further claim against the SELLER, save as otherwise provided for herein. Should the PURCHASER fail to deliver the aforesaid list to the SELLER within the aforesaid 30 (THIRTY) day period, then in that event, the PURCHASER shall be deemed to have inspected the SECTION and not found any defects therein. 3.4 Save as provided in this CONTRACTCONTRACT and in the CPA to the contrary, the PURCHASER purchases the PROPERTY voetstoots and shall have no claim against the SELLER in respect of any defects whether latent or patent in the PROPERTY or the common property of the SCHEME. 3.5 If there is any dispute between the PURCHASER and the SELLER as to whether the SECTION has been constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the SECTION due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties. 3.6 The PURCHASER acknowledges that after the completion of the SECTION SECTION, the SELLER and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the PARENT PROPERTY and the PURCHASER agrees that the SELLER and/or its agents, contractors and workmen shall at all times have reasonable access to the PARENT PROPERTY for the purposes of carrying out such work as may be necessary to enable the SELLER to procure the erection and layout of the aforementioned dwellings, driveways and other structures. The PURCHASER shall have no claim whatever against the SELLER by reason of any inconvenience or interference with the PURCHASER'S rights arising therefrom hereout and the PURCHASER shall not, in any way whatsoever, interfere with the performance of the aforesaid work. 3.7 The SELLER warrants that the PROPERTY will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No. 95 of 1998. 3.8 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the SELLER warrants that: 3.8.1 the SECTION shall be constructed in a proper and workmanlike manner; 3.8.2 the SECTION will be fit for habitation on the DATE OF POSSESSION; and; 3.8.3 the SECTION shall be constructed in accordance with: 3.8.3.1 the National Home Builders Registration Council Technical Requirements to the extent applicable to the SECTION at the date of enrolment of such SECTION with the National Home Builders Registration Council; and 3.8.3.2 the terms, plans and specifications referred to in this CONTRACT;. 3.9 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the SELLER undertakes to: 3.9.1 rectify any major structural defects in the SECTION caused by non-compliance with the National Home Builders Registration Council’s Technical Requirements which occur within a period of five (5) years from the DATE OF POSSESSION and of which the SELLER is notified of by the PURCHASER within that period; 3.9.2 rectify non-compliance with or deviation from the terms, plans and specifications referred to in this CONTRACT or any deficiency related to design, workmanship or material, of which the SELLER is notified by the PURCHASER of within a period of three (3) months from the DATE OF POSSESSION; 3.9.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSION. 3.10 In no way detracting from the generality of any other provision in this CONTRACT, it is recorded that the SELLER may, at the SELLER’s discretion, elect not to install any item on the schedule of finishes (which forms part of the PLAN), provided that the SELLER installs a similar item of similar quality in its place. In the event of there being any dispute as to whether the item installed by the SELLER is of a similar quality, the certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that such item is of a similar quality, shall be final and binding on the parties. 3.11 It is recorded that the schedule of finishes of the SECTION, which forms part of the PLAN, makes provision for the PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The PURCHASER shall be obliged to make its selection in this regard within 15 (FIFTEEN) days after the SELLER gives the PURCHASER notice that the aforesaid finishes, are available for inspection, failing which the SELLER will be entitled to make this selection on the PURCHASER’S behalf. 3.12 Again, in no way detracting from the SELLER’S rights in terms of this CONTRACT or at law, it is specifically recorded that the PURCHASER shall not be entitled to delay or refuse to comply with his obligations in terms of this CONTRACT (including, but in no way limited to the payment of the deposit and the furnishing of the guarantees guarantee referred to in paragraph 3 of the CONTRACTCONTRACT OF SALE), if it disputes that the PROPERTY is sufficiently complete for beneficial occupation or should it believe that the SELLER has not complied with his obligations in terms of paragraph 3.3 of the CONDITIONS OF SALE. 3.13 3.12 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER be liable to make good any damage to any unit or the common property of the SCHEME caused by the PURCHASER or the PURCHASER’S employees, contractors, agents, representatives, representatives or any other person who comes upon the SCHEME by virtue of the PURCHASER’S rights thereto. Further, the PURCHASER shall be liable for the costs of repairing any damage caused to the common property or any unit in the SCHEME by the PURCHASER, its contractors, agents, representatives, employees, employees or other persons who come upon the SCHEME by virtue of the PURCHASER’S rights thereto. 3.14 3.13 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of this CONTRACT, it is specifically recorded that the SELLER shall not be liable for the rectification of any defects or faults in the SECTION caused by surface water, storm water or rain water, normal settlement or cracking resulting from normal settlement, normal shrinkage, thermo cracking, geological disturbances, or normal wear and tear from use or neglect by the PURCHASER.