Common use of COMPLETION OF THE SECTION Clause in Contracts

COMPLETION OF THE SECTION. 5.1 The Seller hereby undertakes to procure that the Section is erected substantially in accordance with the Plan and in a proper and workmanlike manner in compliance with National Building Regulations and the requirements of the local authority. 5.2 The Seller may, in its sole discretion, elect not to install any item on the Schedule of Finishes, provided that the Seller installs a similar item of a similar quality in its place. If there is any dispute as to whether the Seller has installed an item of similar quality, such disputes shall be referred to the Architect, acting as an expert and not an arbitrator, whose decision shall be final and binding on the parties 5.3 The Purchaser acknowledges that he shall not be entitled to give any instructions of any nature to the building contractors, subcontractors, the Architect or anyone else engaged upon the building work. If at the time when occupation of the Section is given to the Purchaser the building work in respect of the rest of the scheme has not been completed, then the provisions of this clause shall apply to the Buildings still to be erected, or still in the course of erection, and to those areas of the Land where building work is being performed. 5.4 The Purchaser acknowledges that the Seller has established several basic configurations for sections to be built on the Land. The Seller shall have the right at its sole discretion to determine the number of sections to be built in terms of each configuration notwithstanding the plan and estimated participation quota schedule lodged in the Deeds Registry by virtue of Section 25 of Act 95/1986. The Purchaser acknowledges that the Seller's right will not be prejudicial to the Purchaser and undertakes not to make application to Court as provided for in Section 25(13) of Act 95/1986. 5.5 In the event of the Purchaser utilising his own sub-contractors for any part of the construction of the Section, or should the Purchaser purchase any materials from suppliers other than those nominated by the Seller, the Purchaser shall not be entitled to delay payment of the purchase price as a result of any delays in the completion of the construction of the Section. 5.6 In no way detracting from the Seller’s rights in terms of the 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 the Contract, if he disputes that the Property has been erected and completed as aforesaid in clause 5.1 or should he believe that the Seller has not compiled with any of its obligations in terms of the Contract. Any dispute in this regard shall be referred to the Architect who, acting as an expert and not as an arbitrator, shall determine such dispute and his decision shall be final and binding on the parties. In addition, the Seller may elect, in its sole and absolute discretion, to cancel the Contract forthwith. 5.7 It is recorded that the Schedule of Finishes makes provision for the Purchaser to choose certain finishes. The Purchaser shall be obliged to make his selection in this regard within 15 (fifteen) days after the Seller gives the Purchaser written notice thereof, failing which the Seller will be entitled to make this selection on the Purchaser’s behalf. Any amounts payable in terms hereof shall be payable by the Purchaser to the Seller on demand, prior to installation and before the Date of Transfer. Should the Purchaser not make or secure payment timeously upon demand, the xxxx and/or breach provisions of the sale Contract may become applicable or the Seller may elect, at its sole discretion, to ignore the Purchaser’s selection and the Purchaser shall be obliged to accept unit accordingly. 5.8 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. 5.9 Save as provided in the Contract and 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. 5.10 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. 5.11 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the Seller warrants that: 5.11.1 the Section shall be constructed in a proper and workmanlike manner; 5.11.2 the Section will be fit for habitation on the Date of Possession; 5.11.3 the Section shall be constructed in accordance with: 5.11.3.1 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 5.11.3.2 the terms, plans and specifications referred to in the Contract. 5.12 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the Seller undertakes to: 5.12.1 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 5 (five) years from the Date of Possession and of which the Seller is notified of by the Purchaser within that period; 5.12.2 rectify non-compliance with or deviation from the terms, Plans and Schedule of Finishes referred to in the Contract or any deficiency related to design, workmanship or material, of which the Seller is notified by the Purchaser of within a period of 3 (three) months from the Date of Possession; 5.12.3 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 Possession. 5.13 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the Seller be liable to make good any damage to any Section 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 section in the Scheme by the Purchaser, his contractors, agents, representatives, employees or other persons who come upon the Scheme by virtue of the Purchaser’s rights thereto. 5.14 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of the 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. 5.15 The Purchaser agrees that the Seller and/or its agent, contractors and workmen shall at all times have access to the Section for the purposes of carrying out such work as may be necessary to enable the contractor to rectify any defects in terms of its contract with the Seller. The Purchaser shall have no claim whatsoever against the Seller by reason of any inconvenience or interference with the Purchaser’s rights arising hereout and the Purchaser shall not, in any way whatsoever, interfere with the performance of the aforesaid work.

COMPLETION OF THE SECTION. 5.1 8.1 The building work will be undertaken by the Seller hereby undertakes to procure and the Seller shall ensure that the Section is erected completed substantially in accordance with the Plan Plans and Schedule of Finishes and in a proper and workmanlike manner in compliance with National Building Regulations and the requirements of the local authority. The Purchaser acknowledges that the Section will be situated on the Land in substantially the position as indicated on the site plan and is to be built in accordance with the Plans. If there is any dispute between the Purchaser and the Seller 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. 5.2 8.2 The Purchaser agrees that the precise extent, boundaries and description of the Property shall be as shown on the sectional plan and as finally determined and approved by the Surveyor- General and/or the relevant competent authorities and shall be binding upon the parties, provided always that the area of the Section shall be within 5% (five percent) of the area as stated in D1. of the Schedule. 8.3 The Seller may, in its sole discretion, elect not to install any item on the Schedule of Finishes, provided that the Seller installs a similar item of a similar quality in its place. If there is any dispute as to whether the Seller has installed an item of similar quality, such disputes shall be referred to the Architect, acting as an expert and not an arbitrator, whose decision shall be final and binding on the parties 5.3 8.4 The Purchaser acknowledges that he shall not be entitled to give any instructions of any nature to the building contractors, subcontractors, the Architect or anyone else engaged upon the building workwork other than the representative of the Seller. If at the time when occupation of the Section is given to the Purchaser the building work in respect of the rest of the scheme has not been completed, then the provisions of this clause shall apply to the Buildings still to be erected, or still in the course of erection, and to those areas of the Land where building work is being performed. 5.4 8.5 The Purchaser acknowledges that the Seller has established several basic configurations for sections to be built on the Land. The Seller shall have the right at its sole discretion to determine the number of sections to be built in terms of each configuration notwithstanding the plan and estimated participation quota schedule lodged in the Deeds Registry by virtue of Section 25 of Act 95/1986the Act. The Purchaser acknowledges that the Seller's right will not be prejudicial to the Purchaser and undertakes not to make application to Court as provided for in Section 25(13) of Act 95/1986the Act. 5.5 8.6 In the event of the Purchaser utilising his own sub-contractors for any part of the construction of the Section, or should the Purchaser purchase any materials from suppliers other than those nominated by the Seller, the Purchaser shall not be entitled to delay payment of the purchase price as a result of any delays in the completion of the construction of the Section. 5.6 8.7 In no way detracting from the Seller’s rights in terms of the Contract this Agreement 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 the Contractthis Agreement, if he disputes that the Property has been erected and completed as aforesaid in clause 5.1 8.1 or should he believe that the Seller has not compiled with any of its obligations in terms of the Contractthis Agreement. Any dispute in this regard shall be referred to the Architect who, acting as an expert and not as an arbitrator, shall determine such dispute and his decision shall be final and binding on the parties. In addition, the Seller may elect, in its sole and absolute discretion, to cancel the Contract this Agreement forthwith. 5.7 8.8 It is recorded that the Schedule of Finishes makes provision for the Purchaser to choose certain finishes. The Purchaser shall be obliged to make his selection in this regard within 15 (fifteen) days after the Seller gives the Purchaser written notice thereof, failing which the Seller will be entitled to make this selection on the Purchaser’s behalf. Any amounts payable in terms hereof shall be payable by the Purchaser to the Seller on demand, prior to installation and before the Date of Transfer. Should the Purchaser not make or secure payment timeously upon demand, the xxxx and/or breach provisions of the sale Contract agreement may become applicable or the Seller may elect, at its sole discretion, to ignore the Purchaser’s selection and the Purchaser shall be obliged to accept unit accordingly. 5.8 8.9 The Purchaser shall, within 30 (thirty) days of the Date of PossessionOccupation, 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. 5.9 8.10 Save as provided in the Contract this Agreement and 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. 5.10 8.11 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. 5.11 8.12 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the Seller warrants that: 5.11.1 8.12.1 the Section shall be constructed in a proper and workmanlike manner; 5.11.2 8.12.2 the Section will be fit for habitation on the Date of PossessionOccupation; 5.11.3 8.12.3 the Section shall be constructed in accordance with: 5.11.3.1 8.12.3.1 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 5.11.3.2 8.12.3.2 the terms, plans and specifications referred to in the Contractthis Agreement. 5.12 8.13 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the Seller undertakes to: 5.12.1 8.13.1 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 5 (five) years from the Date of Possession Occupation and of which the Seller is notified of by the Purchaser within that period; 5.12.2 8.13.2 rectify non-compliance with or deviation from the terms, Plans and Schedule of Finishes referred to in the Contract this Agreement or any deficiency related to design, workmanship or material, of which the Seller is notified by the Purchaser of within a period of 3 (three) months from the Date of PossessionOccupation; 5.12.3 8.13.3 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 PossessionOccupation. 5.13 8.13.4 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the Seller be liable to make good any damage to any Section 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 section in the Scheme by the Purchaser, his its contractors, agents, representatives, employees or other persons who come upon the Scheme by virtue of the Purchaser’s rights thereto. 5.14 8.13.5 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of the Contractthis Agreement, 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. 5.15 8.14 The Purchaser agrees that the Seller and/or its agent, contractors and workmen shall at all times have access to the Section for the purposes of carrying out such work as may be necessary to enable the contractor to rectify any defects in terms of its contract with the Seller. The Purchaser shall have no claim whatsoever against the Seller by reason of any inconvenience or interference with the Purchaser’s rights arising hereout and the Purchaser shall not, in any way whatsoever, interfere with the performance of the aforesaid work.

COMPLETION OF THE SECTION. 5.1 6.1 The Seller hereby undertakes to procure that the Section as described in paragraph 1(a) of the Schedule is erected substantially in accordance with the Plan and and, is sufficiently complete for beneficial occupation by the date reflected in a proper and workmanlike manner in compliance with National Building Regulations and the requirements paragraph N of the local authoritySchedule, provided the Purchaser has paid or duly secured the total purchase price referred to paragraph I of the Schedule (as contemplated in clause 3 of these Terms and Conditions of Sale). 5.2 The Seller may, in its sole discretion, elect not to install any item on the Schedule of Finishes, provided that the Seller installs a similar item of a similar quality in its place. 6.2 If there is any dispute between the Purchaser and the Seller as to whether the Seller Section has installed an item been constructed substantially in accordance with the Plan and/or Schedule of similar qualityFinishes 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 disputes dispute shall be referred to the Architect, Architect (acting as an expert and not as an arbitrator, ) in terms of clause 15 hereof whose decision shall be final and binding upon the parties. 6.3 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 partiesParent 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 acknowledges that occupants of the Scheme may suffer inconvenience from building operations and inter alia, noise and dust resulting therefrom and the Purchaser shall have no claim whatever against the Seller by reason of any inconvenience or interference with the Purchaser’s rights arising hereout and the Purchaser shall not, in any way whatsoever, interfere with the performance of the aforesaid work. 5.3 6.4 The Purchaser acknowledges that he shall not be entitled to give communicate with, furnish instructions to, interfere with or hinder any instructions of any nature to the building contractors, subcontractors, the Architect or anyone else engaged upon the building work. If at the time when occupation of the Section is given to the Purchaser the building work in respect of the rest of the scheme has not been completed, then the provisions of this clause shall apply to the Buildings still to be erected, or still in the course of erection, and to those areas of the Land where building work is being performed. 5.4 The Purchaser acknowledges that the Seller has established several basic configurations for sections to be built on the Land. The Seller shall have the right at its sole discretion to determine the number of sections to be built in terms of each configuration notwithstanding the plan and estimated participation quota schedule lodged in the Deeds Registry by virtue of Section 25 of Act 95/1986. The Purchaser acknowledges that the Seller's right will not be prejudicial to the Purchaser and undertakes not to make application to Court as provided for in Section 25(13) of Act 95/1986. 5.5 In the event of the Purchaser utilising his own sub-contractors for any part of the construction of the Section, or should the Purchaser purchase any materials from suppliers other than those nominated by the Seller, the Purchaser shall not be entitled to delay payment of the purchase price as a result of any delays in the completion of the construction of the Section. 5.6 In no way detracting from the Seller’s rights in terms employees, contractors or sub- contractors and that any queries of the 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 the Contract, if he disputes that the Property has been erected and completed as aforesaid in clause 5.1 or should he believe that the Seller has not compiled with any of its obligations in terms of the Contract. Any dispute in this regard whatsoever nature shall be referred to the Architect who, acting as an expert and not as an arbitrator, shall determine such dispute and his decision shall be final and binding on the parties. In addition, the Seller may elect, in its sole and absolute discretion, to cancel the Contract forthwith. 5.7 It is recorded that the Schedule of Finishes makes provision for the Purchaser to choose certain finishes. The Purchaser shall be obliged to make his selection in this regard within 15 (fifteen) days after the Seller gives the Purchaser written notice thereof, failing which the Seller will be entitled to make this selection on the Purchaser’s behalf. Any amounts payable in terms hereof shall be payable by the Purchaser directed to the Seller on demand, prior to installation and before via facsimile or email at the Date of Transfer. Should the Purchaser not make facsimile number or secure payment timeously upon demand, the xxxx and/or breach provisions email address set out in paragraph B of the sale Contract may become applicable or the Seller may elect, at its sole discretion, to ignore the Purchaser’s selection and the Purchaser shall be obliged to accept unit accordinglySchedule. 5.8 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. 5.9 Save as provided in the Contract and 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. 5.10 6.5 The Seller warrants that the Property Unit will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No. No 95 of 1998. 5.11 6.6 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998Act, the Seller warrants that: 5.11.1 6.6.1 the Section shall be constructed in a proper and workmanlike manner; 5.11.2 6.6.2 the Section will be fit for habitation on the Date date of Possessionpossession; 5.11.3 6.6.3 the Section shall be constructed in accordance with: 5.11.3.1 6.6.3.1 the National Home Builders Registration Council 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 5.11.3.2 6.6.3.2 the terms, plans and specifications referred to in the Contract.this Agreement; 5.12 6.7 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998Act, the Seller undertakes to: 5.12.1 6.7.1 rectify any major structural defects in the Section caused by non-compliance with the National Home Builders Registration Council’s Council Technical Requirements which occur within a period of 5 (fiveFIVE) years from the Date date of Possession occupation and possession and of which the Seller is notified of by the Purchaser in writing within that period; 5.12.2 6.7.2 rectify non-compliance with or deviation from the terms, Plans plans and Schedule of Finishes specifications referred to in the Contract this Agreement or any deficiency related to design, workmanship or material, of which the Seller is notified by the Purchaser of within a period of 3 (threeTHREE) months from the Date date of Possession;occupation and possession; and 5.12.3 6.7.3 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 (twelveTWELVE) months from the Date date of Possessionoccupation and possession. 5.13 6.8 In no way detracting from the generality of any other provision in this Agreement, 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, a 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. 6.9 Again, in no way detracting from the Seller’s rights in terms of this Agreement 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 Agreement (including, but in no way limited to the payment of the deposit and the furnishing of the guarantees referred to in clause 3 hereof) if he disputes that the Section is sufficiently complete for beneficial occupation or should he believe that the Seller has not complied with its obligations in terms of clause 14.10 hereof. 6.10 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the Seller be liable to make good any damage to any Section unit or the common property of the Scheme 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 section unit in the Scheme by the Purchaser, his its contractors, agents, representatives, employees or other persons who come upon the Scheme by virtue of the Purchaser’s rights thereto. 5.14 6.11 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of the Contractthis Agreement, 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 thermal cracking, geological disturbances, or disturbances and normal wear and tear from use or neglect by the Purchaser. 5.15 6.12 The Seller undertakes to cede for the benefit of the Purchaser agrees and/or the Body Corporate any guarantee or warranty, whether against the contractor who constructed the buildings comprising the Scheme or against any other contractor or supplier with which it engages in the construction of the Scheme and the installation of fittings and/or appliances. To the extent that such guarantees or warranties contemplated herein relate to the Unit, the Seller hereby undertakes to cede all its rights thereof to the Purchaser and/or the Body Corporate, provided that the Seller and/or its agentis, contractors and workmen shall at all times have access in accordance with the relevant agreement, able to cede such guarantee or warranty to the Section Purchaser and/or the Body Corporate. Any guarantee or warranty as contemplated herein shall apply for a period no longer than is stipulated in such guarantee or warranty. 6.13 The Purchaser, by his signature hereto, hereby consents to the purposes cession of carrying out such work the Seller’s rights as may be necessary to enable the contractor to rectify any defects contemplated in clause 6.12 hereof. 6.14 The Seller’s obligations in terms of its contract with clauses 6.7 and 6.12 shall: 6.14.1 only apply in respect of defects arising as a result of faulty workmanship and/or materials used in the Seller. The Purchaser shall have no claim whatsoever against construction of the Seller by reason of any inconvenience or interference with the Purchaser’s rights arising hereout and Unit; 6.14.2 only apply for so long as the Purchaser shall not, is the registered owner of the Unit; 6.14.3 not apply in respect of or arising in any way whatsoever, interfere with from any alterations to the performance Unit effected at the instance of the aforesaid workPurchaser; and 6.14.4 not entitle the Purchaser to claim any consequential damages from the Seller.

COMPLETION OF THE SECTION. 5.1 The building work will be undertaken by the Seller hereby undertakes to procure and the Seller shall ensure that the Section is erected completed substantially in accordance with the Plan Plans and Schedule of Finishes and in a proper and workmanlike manner in compliance with National Building Regulations and the requirements of the local authority. 5.2 The Seller may, in its sole discretion, elect not to install any item on the Schedule of Finishes, provided that the Seller installs a similar item of a similar quality in its place. If there is any dispute as to whether the Seller has installed an item of similar quality, such disputes shall be referred to the Architect, acting as an expert and not an arbitrator, whose decision shall be final and binding on the parties 5.3 The Purchaser acknowledges that the Section will be situated on the Land in substantially the position as indicated on the site plan and is to be built substantially in accordance with the Plans. If there is any dispute between the Purchaser and the Seller 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. 5.4 The Purchaser acknowledges that he shall not be entitled to give any instructions of any nature to the building contractors, subcontractors, the Architect or anyone else engaged upon the building workwork other than the representative of the Seller. If at the time when occupation possession of the Section is given to the Purchaser the building work in respect of the rest of the scheme has not been completed, then the provisions of this clause shall apply to the Buildings still to be erected, or still in the course of erection, and to those areas of the Land where building work is being performed. 5.4 5.5 The Purchaser acknowledges that the Seller has established several basic configurations for sections to be built on the Land. The Seller shall have the right at its sole discretion to determine the number of sections to be built in terms of each configuration notwithstanding the plan and estimated participation quota schedule lodged in the Deeds Registry by virtue of Section 25 of Act 95/1986. The Purchaser acknowledges that the Seller's right will not be prejudicial to the Purchaser and undertakes not to make application to Court as provided for in Section 25(13) of Act 95/1986. 5.5 In the event of the Purchaser utilising his own sub-contractors for any part of the construction of the Section, or should the Purchaser purchase any materials from suppliers other than those nominated by the Seller, the Purchaser shall not be entitled to delay payment of the purchase price as a result of any delays in the completion of the construction of the SectionAct. 5.6 In no way detracting from the Seller’s rights in terms of the 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 the this Contract, if he disputes that the Property has been erected and completed as aforesaid in clause 5.1 or should he believe that the Seller has not compiled complied with any of its obligations in terms of the this Contract. Any dispute in this regard shall be referred to the Architect who, acting as an expert and not as an arbitrator, shall determine such dispute and his decision shall be final and binding on the parties. In addition, the Seller may elect, in its sole and absolute discretion, to cancel the this Contract forthwith. 5.7 It is recorded that the Schedule of Finishes makes provision for the Purchaser to choose certain finishes. The Purchaser shall be obliged to make his selection in this regard within 15 (fifteen) days after the Seller gives the Purchaser written notice thereof, failing which the Seller will be entitled to make this selection on the Purchaser’s behalf. Any amounts payable in terms hereof shall be payable by the Purchaser to the Seller on demand, prior to installation and before the Date of Transfer. Should the Purchaser not make or secure payment timeously upon demand, the xxxx and/or breach provisions of the sale Contract agreement may become applicable or the Seller may elect, at its sole discretion, to ignore the Purchaser’s selection and the Purchaser shall be obliged to accept unit accordingly. This clause is not applicable where Units are already in the course of construction in which instance the Schedule of Finishes will specify the finishes applicable to the Unit. 5.8 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. 5.9 Save as provided in the this Contract and 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. 5.10 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. 5.11 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the Seller warrants that: 5.11.1 the Section shall be constructed in a proper and workmanlike manner; 5.11.2 the Section will be fit for habitation on the Date of Possession; 5.11.3 the Section shall be constructed in accordance with: 5.11.3.1 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 5.11.3.2 the terms, plans and specifications referred to in the this Contract. 5.12 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the Seller undertakes to: 5.12.1 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 5 (five) years from the Date of Possession and of which the Seller is notified of by the Purchaser within that period; 5.12.2 rectify non-compliance with or deviation from the terms, Plans and Schedule of Finishes referred to in the 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 3 (three) months from the Date of Possession; 5.12.3 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 Possession. 5.13 5.12.4 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the Seller be liable to make good any damage to any Section 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 section in the Scheme by the Purchaser, his its contractors, agents, representatives, employees or other persons who come upon the Scheme by virtue of the Purchaser’s rights thereto. 5.14 5.12.5 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of the 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. 5.15 5.12.6 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the Seller be responsible for the payment of special or consequential damages arising out of any defects in any buildings or part of the Scheme, including the Unit. 5.13 The Purchaser agrees that the Seller and/or its agent, contractors and workmen shall at all times have access to the Section for the purposes of carrying out such work as may be necessary to enable the contractor to rectify any defects in terms of its contract with the Seller. The Purchaser shall have no claim whatsoever against the Seller by reason of any inconvenience or interference with the Purchaser’s rights arising hereout here out and the Purchaser shall not, in any way whatsoever, interfere with the performance of the aforesaid work.

COMPLETION OF THE SECTION. 5.1 The Seller hereby undertakes to procure that the Section is erected substantially in accordance with the Plan and in a proper and workmanlike manner in compliance with National Building Regulations and the requirements of the local authority. 5.2 The Seller may, in its sole discretion, elect not to install any item on the Schedule of Finishes, provided that the Seller installs a similar item of a similar quality in its place. If there is any dispute as to whether the Seller has installed an item of similar quality, such disputes shall be referred to the Architect, acting as an expert and not an arbitrator, whose decision shall be final and binding on the parties 5.3 The Purchaser acknowledges that he shall not be entitled to give any instructions of any nature to the building contractors, subcontractors, the Architect or anyone else engaged upon the building work. If at the time when occupation of the Section is given to the Purchaser the building work in respect of the rest of the scheme has not been completed, then the provisions of this clause shall apply to the Buildings still to be erected, or still in the course of erection, and to those areas of the Land where building work is being performed. 5.4 The Purchaser acknowledges that the Seller has established several basic configurations for sections to be built on the Land. The Seller shall have the right at its sole discretion to determine the number of sections to be built in terms of each configuration notwithstanding the plan and estimated participation quota schedule lodged in the Deeds Registry by virtue of Section 25 of Act 95/1986. The Purchaser acknowledges that the Seller's right will not be prejudicial to the Purchaser and undertakes not to make application to Court as provided for in Section 25(13) of Act 95/1986. 5.5 In the event of the Purchaser utilising his own sub-contractors for any part of the construction of the Section, or should the Purchaser purchase any materials from suppliers other than those nominated by the Seller, the Purchaser shall not be entitled to delay payment of the purchase price as a result of any delays in the completion of the construction of the Section. 5.6 In no way detracting from the Seller’s rights in terms of the 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 the Contract, if he disputes that the Property has been erected and completed as aforesaid in clause 5.1 or should he believe that the Seller has not compiled with any of its obligations in terms of the Contract. Any dispute in this regard shall be referred to the Architect who, acting as an expert and not as an arbitrator, shall determine such dispute and his decision shall be final and binding on the parties. In addition, the Seller may elect, in its sole and absolute discretion, to cancel the Contract forthwith. 5.7 It is recorded that the Schedule of Finishes makes provision for the Purchaser to choose certain finishes. The Purchaser shall be obliged to make his selection in this regard within 15 (fifteen) days after the Seller gives the Purchaser written notice thereof, failing which the Seller will be entitled to make this selection on the Purchaser’s behalf. In the event that the Purchaser wishes to install finishes of a higher specification, the Purchaser shall be obliged to make his selection in this regard within 15 (fifteen) days after the Seller gives the Purchaser written notice thereof, failing which the Seller will be entitled to make this selection from the Schedule of Finishes on the Purchaser’s behalf. Any amounts payable in terms hereof shall be payable by the Purchaser to the Seller on demand, prior to installation and before the Date of Transfer. Should the Purchaser not make or secure payment timeously upon demand, the xxxx and/or breach provisions of the sale Contract may become applicable or the Seller may elect, at its sole discretion, to ignore the Purchaser’s selection and the Purchaser shall be obliged to accept unit accordingly. This clause is not applicable where Units are already in the course of construction in which instance the Schedule of Finishes will specify the finishes applicable to the Unit. 5.8 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. 5.9 Save as provided in the Contract and 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. 5.10 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. 5.11 As is required in terms of Section 13(2)(a) of the aforesaid Act 95 of 1998, the Seller warrants that: 5.11.1 the Section shall be constructed in a proper and workmanlike manner; 5.11.2 the Section will be fit for habitation on the Date of Possession; 5.11.3 the Section shall be constructed in accordance with: 5.11.3.1 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 5.11.3.2 the terms, plans and specifications referred to in the Contract. 5.12 As provided for in Section 13(2)(b) of the aforesaid Act 95 of 1998, the Seller undertakes to: 5.12.1 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 5 (five) years from the Date of Possession and of which the Seller is notified of by the Purchaser within that period; 5.12.2 rectify non-compliance with or deviation from the terms, Plans and Schedule of Finishes referred to in the Contract or any deficiency related to design, workmanship or material, of which the Seller is notified by the Purchaser of within a period of 3 (three) months from the Date of Possession; 5.12.3 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 Possession. 5.13 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the Seller be liable to make good any damage to any Section 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 section in the Scheme by the Purchaser, his contractors, agents, representatives, employees or other persons who come upon the Scheme by virtue of the Purchaser’s rights thereto. 5.14 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any other provision of the 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. 5.15 The Purchaser agrees that the Seller and/or its agent, contractors and workmen shall at all times have access to the Section for the purposes of carrying out such work as may be necessary to enable the contractor to rectify any defects in terms of its contract with the Seller. The Purchaser shall have no claim whatsoever against the Seller by reason of any inconvenience or interference with the Purchaser’s rights arising hereout and the Purchaser shall not, in any way whatsoever, interfere with the performance of the aforesaid work.