CONDITIONS OF OCCUPATION. From the occupation date the Purchaser shall:
5.1 Comply with the provisions of all applicable legislation and of the scheme rules.
5.2 Waive all claims against the Seller for any loss or damage to property or for any injury to person which the Purchaser may sustain in or about the property, the building or the common property and shall indemnify the Seller against any such claim that may be made against the Seller by any member of the Purchaser's family or the Purchaser's invitees, employees or agents for any loss or damage to property or injury to persons suffered in or about the property, the building or the common property howsoever such loss or damage to property or injury to person may be caused.
5.3 Pay on demand all charges in respect of the electricity and other municipal services consumed or utilized in respect of the property on or before due date provided that if the Purchaser fails to pay any such amount the Seller shall be entitled to make payment thereof on the Purchaser's behalf and to recover same from the Purchaser together with interest at the effective interest rate from the date on which such amount is disbursed by the Seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the property.
5.4 From the occupation date the Purchaser shall be liable for and pay to the body corporate monthly in advance on the first day of each and every month the monthly levy calculated on the basis of the participation quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property including, without restricting the generality of the foregoing, rates, taxes, sewerage and sanitation, insurances of every description as determined by the body corporate.
5.5 Not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller or the body corporate in respect of the building may be rendered void or voidable or as a result of which the premiums in respect thereof may be increased.
5.6 Not make any alterations to the interior or exterior of the property of whatsoever nature.
5.7 Maintain the property in a clean and orderly condition.
5.8 Should the Purchaser let or otherwise part with possession and occupation of the property prior to registration of transfer thereof, then the Purchaser undertakes to and shall be held liable to cover any...
CONDITIONS OF OCCUPATION. 7.1 From the Occupation Date, the Purchaser shall, until the Date of Registration of Transfer:
7.1.1 comply with the provision of the Act, STSMA and of the rules which will be applicable to the Scheme on the basis that the Seller shall, until the body corporate comes into being, enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of such rules;
7.1.2 on the Inspection Date a representative of the Seller and the Purchaser shall inspect the Unit and the Purchaser shall point out to the Seller’s representative any keys, locks, windows, fixture, wash-basins, toilets or any other installations contained in or which should be contained in the Unit which are defective or missing or not in conformity with the requirements of the Agreement, which defective, missing or broken items shall be recorded in a schedule with full particulars which shall be signed by the Purchaser and the Seller’s representative (hereinafter referred to as the “snag list”).
7.1.2.1 Save for the items recorded in the snag list, the Purchaser shall be deemed to have acknowledged that neither the Unit nor any other keys, locks, windows, fixtures, fittings, wash-basins, toilets, other installations or the roof are defective or missing or not in conformity with what has been agreed by the Parties and that the Unit has been delivered to the Purchaser complete in all respects and suitable in all respects for the purposes for which it is sold.
7.1.2.2 The Seller shall furnish a copy of the snag list to the Building Contractor who shall liaise with the Purchaser and who shall attend to all items prior to the Occupation Date;
7.1.2.3 The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list.
7.1.2.4 The Purchaser shall only take occupation of the Unit after completion of the remedial work by the Seller, unless the Parties agree in writing that the Purchaser may take occupation prior to completion of the remedial work and then only subject to the conditions that the Seller in his sole discretion may impose.
7.1.2.5 The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms of clause 6 of the Schedule of Particulars in respect of the Unit and shall confirm in writing that the Purchaser is satisfied with the Unit in all respe...
CONDITIONS OF OCCUPATION. From the occupation date the PURCHASER –
7.1 shall at all times as long as this Agreement remains in force, comply with the provisions of the Act and the Rules of the body corporate save that, if the body corporate has not yet come into existence, such of the provisions as cannot, under the circumstances, be applicable or are implied substituted by the provisions of this Agreement shall not be binding on the PURCHASER;
7.2 shall comply with the binding provisions as if he was the owner of that unit; and
7.3 accepts that the SELLER shall enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of the binding provisions of the Act and the Rules of the body corporate;
7.4 unless the Consumer Protection Act 68 of 2008 explicitly provides otherwise, waives all claims against the SELLER for any loss or damage to property or any injury to person which the PURCHASER may sustain in or about the section, the building or the common property and indemnifies the SELLER against any such claim that may be made against the SELLER by any person inter alia but not limited to the PURCHASER’s family or the PURCHASER’s invitees, employees, or agents for any loss or damage to property or injury to person suffered in or about the section, the building or the property howsoever such loss or damage to property or injury to person may be cause;
CONDITIONS OF OCCUPATION. 3.1 From the occupation date the member -
3.1.1 shall at all times as long as this agreement shall remain in force, comply with the provisions of Section 32 (excluding Section 32(f)) of the Sectional Titles Act and with the rules as if he were the owner of the chalet in terms of that Act and procure compliance with the rules by a member of the family of the member, invitees, guests, servants, employees, tenants and agents. Provided that such of the provisions of the Sectional Titles Act and the rules as cannot, under the circumstances, be applicable or are impliedly substituted by the provisions of this agreement, shall not be binding on the member;
3.1.2 shall waive all claims against the company for any loss or damage to property or any injury to person which the member may sustain in or about the chalet, the buildings or the common property and indemnify the company against any such claim that may be made against the company by any member of the member's family or members' invitees, employees, or agents for any loss or damage to property or injury to person suffered in or about the chalet or the common property howsoever such loss or damage to property or injury to person may be caused;
3.1.3 shall be liable for and pay to the levy fund an annual levy for each week owned, of the amount hereinafter determined.
CONDITIONS OF OCCUPATION. From the occupation date until the date on which registration takes place the purchaser shall:
5.1. Comply with the rules of the Home Owners’ Association which will be applicable to the scheme;
5.2. Waive all claims against the seller for any loss or damage to property or for any injury to person which the purchaser may sustain in or about the property or the common property, and shall indemnify the seller against any such claim that may be made against the seller by
5.3. Pay on demand all charges in respect of the electricity and other municipal services consumed or utilized in respect of the property on or before due date, provided that if the purchaser fails to pay any such amount the seller be entitled to make payment thereof on the purchaser’s behalf and to recover same from the purchaser together with interest at the effective rate from the date of which such amount is disbursed by the seller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the property;
5.4. Be liable for and pay to the seller or the appointed managing agent, monthly in advance on the first day of each and every month, the monthly levy as referred to in paragraph 1.12 above and the monthly occupational interest as referred to in paragraph 1.23 above;
5.5. Maintain the property in a clean and orderly condition;
5.6. Not be entitled to let or otherwise part with possession and occupation of the property except with the prior written consent of the seller which shall not unreasonably be withheld;
5.7. Acknowledge that on the occupation date the common property and other properties may be incomplete and the purchaser and other occupiers may necessarily suffer inconvenience from building operations and from the noise and dust resulting there from and that the purchaser shall have no claim whatsoever against the seller for reason of any such inconvenience, provided that such inconvenience is not caused by intentional or grossly negligent acts of the seller or its agents or its employees;
5.8. If there is any dispute between the seller and the purchaser as to whether any materials or workmanship are of a required standard, then the decision of the architect in this regard shall be final and binding upon the parties;
5.9. The purchaser shall not by reason of any delay in the transfer of the property to him due to any cause whatsoever, be entitled to cancel this contract or to refrai...
CONDITIONS OF OCCUPATION. From the occupation date the purchaser shall, until the body corporate comes into being:
6.1 comply with the provisions of the Act and of the rules which will be applicable to the scheme on the basis that the seller shall, until the body corporate comes into being, enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of such rules.
6.2 waive all claims against the seller for any loss or damage to property or for any injury to person which the purchaser may sustain in or about the section, the building or the common property and shall indemnify the seller against any such claim that may be made against the seller by any member of the purchaser's family or the purchaser's invitees, employees or agents for any loss or damage to property or injury to persons suffered in or about the section, the building or the common property howsoever such loss or damage to property or injury to person may be caused;
6.3 pay on demand all charges in respect of the electricity and other municipal services consumed or utilised in respect of the section on or before due date provided that if the purchaser fails to pay any such amount the seller shall be entitled to make payment thereof on the purchaser's behalf and to recover same from the purchaser together with interest at the effective interest rate from the date on which such amount is disbursed by the seller to the date upon which it is recovered, and any charges raised by the relevant local authority for the commission and provision of electrical supply to the unit;
6.4 be liable for and pay to the seller monthly in advance on the first day of each and every month the estimated monthly levy calculated on the basis of the participation quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property including, without restricting the generality of the aforegoing, rates, taxes, sewerage and sanitation, insurances of every description as determined by the seller, services, salaries, wages, licences, care and maintenance of the common property, the cost of water and electricity consumed in the common property, wages and other expenses and administration costs, including the cost of collection and recovery of the said costs (all of which costs and charges are hereinafter referred to as "total costs"). It is recorded that the total costs have been estimated and that in the event of such costs being greater than the actual...
CONDITIONS OF OCCUPATION. 4.1 From the occupation date You –
4.1.1 shall at all times, as long as this Use Agreement shall remain in force, comply with the laws of the Republic of South Africa, the MoI, this Use Agreement and the Rules and procure compliance with the above mentioned of any Shareholder, invitee of a Shareholder or any guest making Use of the Unit. Noncompliance to the aforesaid, will result in the violation, in response to which the Developer, Managing Agent or Manager, in their sole discretion, may refuse admission to the Property or such person, or if such person gained admission thereto, to require or cause the Shareholder or such person to leave or vacate the Property forthwith.
CONDITIONS OF OCCUPATION. 6.1 The Occupant shall not be entitled to occupy the Room unless the administration fee, the Deposit and that part of the Residence Fee then due have been paid.
6.2 The Occupant shall, within 7 days of taking occupation of the Room, complete, sign and return the incoming inspection list provided by the Company and shall stipulate any item that is missing or defective. Upon rectification of such defective or missing items or should the Occupant fail to complete or submit the inventory list, the Occupant shall be deemed to have accepted that the Room and its contents are in good order and condition in accordance with this agreement.
6.3 On termination of this agreement the Occupant shall return the Room to the Company in the same good order and condition as at the commencement date, fair wear and tear only excepted.
6.4 The Room shall be used exclusively as a residence for educational purposes in accordance with this agreement. The Occupant shall have joint use of the communal areas and facilities with the other residents of the Roost and undertakes to use them with care and with due regard for other residents.
CONDITIONS OF OCCUPATION. From the Occupation Date the Member –
4.1. shall at all times, as long as this agreement shall remain in force, comply with the provisions of Section 32 (excluding Section 32(f)) of the Sectional Titles Act as if he were the owner of the Unit in terms of that Act, and with the Rules, and procure compliance with the Rules by a member of the family of the Member, invitees, guests, servants, employees, tenants and agents. Provided that such of the provisions of the Sectional Titles Act and the Rules as cannot, under the circumstances, be applicable or are impliedly substituted by the provisions of this Agreement, shall not be binding on the Member;
4.2. shall waive all claims against the Company for any loss or damage to property or any injury to any person which the Member or other person may sustain in or about the Unit, the Property or the Estate and indemnify the Company against any such claim that may be made against the Company by any member of the Member's family or Members' invitees, employees, or agents for any loss or damage to property or injury to person suffered in or about the Unit, the Property or the Estate howsoever such loss or damage to property or injury to person may be caused;
4.3. shall be liable for and pay to the Levy Fund an annual levy, in the amount hereinafter determined.
CONDITIONS OF OCCUPATION
