CONSUMER PROTECTION ACT 68 OF 2008 Sample Clauses

CONSUMER PROTECTION ACT 68 OF 2008. Initial of Purchaser no. 2
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CONSUMER PROTECTION ACT 68 OF 2008. 16.1. The Buyer specifically acknowledges, confirms and warrants that, due to the nature of the goods sold, The Buyer has made itself acquainted with all aspects of the goods, not restricted to but including the dimensions, weight, nature, capacity, output, specifications, operation, installation requirements, servicing requirements, noise emissions, electrical capacity, connection requirements and operational requirements. By its signature hereto, The Buyer warrants that the goods purchased are specifically suitable for the purposes they are purchased. 16.2. All costs of transport or removal from Elevation REH’s premises shall be at The Buyer’s cost. 16.3. The Buyer warrants that all specifications, requirements and information provided to Elevation REH in respect of any request to supply the goods was true, accurate, complete and provided all material facts, and acknowledges that Elevation REH shall not accept the return of the goods in the event of any breach of this warranty. 16.4. The Buyer acknowledges that, prior to delivery of the goods sold, it shall be afforded an opportunity to properly examine and evaluate the goods; and hereby waives all rights in the event that proper examination and evaluation of the goods has not been made, has been declined, or has been waived or ignored by The Buyer, its representative or its agent, who accepts delivery of the goods by or on behalf of The Buyer. 16.5. Subject to clause 16, any goods sought to be returned in respect of any alleged defect or fault relating thereto, shall be delivered to Elevation REH’s premises at the risk of The Buyer. Goods shall be deemed to have been received by Elevation REH by the signature of a Company representative of a document evidencing the receipt of such. 16.6. Elevation REH reserves the right as per section 20 of the Consumer Protection Act to charge a handling fee on returned goods not greater than 20% of the value of the goods. Due to the nature of the goods, this handling fee is used to offset the wear and tear and degradation of the goods whilst in The Buyer’s possession. This handling fee will be at the discretion of Elevation REH.
CONSUMER PROTECTION ACT 68 OF 2008. 22.1 It is recorded that the Developer is a producer as defined in the Consumer Protection Act ("the Act") and that the unit is sold with an implied warranty of quality, as more fully set out in the act, in that the purchaser is entitled to receive the unit on the basis that: 22.1.1 it will be reasonably suitable for the purposes for which it is generally intended; 22.1.2 it will be of good quality, in good working order and free of any defects subject to the time limits set out in the act. 22.1.3 it will be usable and durable for a reasonable period of time having regard to the use to which it would normally be put and to all the surrounding circumstances of its supply except to the extent that unit and the buildings have been altered after having left the control of the Developer. 22.2 The purchaser acknowledges having thoroughly inspected all the annexures to this agreement and is accordingly satisfied that the unit and the building in which it is situated and the proposed development as a whole will be adequate for the purpose for which he has purchased the unit.
CONSUMER PROTECTION ACT 68 OF 2008. 11.1 It is recorded that the Seller is a supplier as defined in the Consumer Protection Act 68 of 2008 ("the CPA") and that the Property is sold with an implied warranty of quality as provided for in section 56 of the CPA being a warranty that the Property complies with the requirements and standards contemplated in section 55 of the CPA which section 55 provides that the Purchaser has a right to receive the Property on the basis that it will be reasonably suitable for the purposes for which it is generally intended and it is of good quality, in good working order and free of any defects , 11.2 It will be useable and durable for a reasonable period of time, having regard to the use to which the Property would normally be put and to all the surrounding circumstances of its supply ,except to the extent that that the Property has been altered after having left the control of the Seller. 11.3 It is however (as provided for in section 55(6) of the CPA) recorded that: 11.3.1 the Purchaser has been expressly informed that the Property is offered to the Purchaser in the condition as it stands with certain patent (visible) defects and possible latent (invisible) defects and; 11.3.2 that the Seller has allowed the Purchaser a reasonable opportunity to examine the Property, that the Purchaser has carefully inspected the Property and hereby expressly agrees to accept the Property in the condition that it stands.
CONSUMER PROTECTION ACT 68 OF 2008. 29.1 It is recorded that the Seller is a as defined in the Consumer Protection Act 68 of 2008 and that the Property is sold with an warranty of as provided for in section 56 of the CPA being a warranty that the Property complies with the requirements and standards contemplated in section 55 of the CPA which section 55 provides that the Purchaser has a right to receive the Property on the basis that- 29.1.1 it will be reasonably suitable for the purposes for which it is generally intended; 29.1.2 it is of good quality, in good working order and free of any defects; 29.1.3 it will be useable and durable for a reasonable period of time, having regard to the use to which the Property would normally be put and to all the surrounding circumstances of its supply except to the extent that that the Property has been altered after having left the control of the Seller. 29.2 It is however (as provided for in section 55(6) of the CPA) recorded that: 29.2.1 the Purchaser has been expressly informed that the Property is offered to the Purchaser in the condition as it stands with certain patent (visible) defects and possible latent (invisible) defects and; 29.2.2 that the Seller has allowed the Purchaser a reasonable opportunity to
CONSUMER PROTECTION ACT 68 OF 2008. 4.1 The right of occupation of the unit is sold with an “implied warranty of quality” as provided for in Section 56 of the CPA being a warranty that the unit complies with the requirements and standards contemplated in Section 55 of the CPA which provides that the purchaser has a right to receive the occupation of the unit on the basis that: 4.1.1. it will be reasonably suitable for the purposes for which it is generally intended ; 4.1.2. it is of good quality, in good working order and free of any defects; 4.1.3. it will be useable and durable for a reasonable period of time, having regard to the use to which the property would normally be put and to the surrounding circumstances of their supply; except to the extent that the unit has been altered after having left the control of the company. 4.2 It is (as provided for in section 55(6) of the CPA), recorded that: The purchaser agrees to accept the unit as it stands. 4.3 The purchaser acknowledges that it has not been influenced by any express or implied information, statement or representation given or made on behalf of the company, unless recorded in this agreement. 4.4 It is agreed by the parties that this agreement was not concluded as a result of direct marketing as defined in terms of CPA and the purchaser will therefore not be entitled to the rights afforded in terms of section 16 of the CPA.
CONSUMER PROTECTION ACT 68 OF 2008. 19.1 It is recorded that the Seller is a ‘supplier as defined in the Consumer Protection Act 68 of 2008 (“the CPA”) and that the Property is sold with an ‘implied warranty of quality’ as provided for in section 56 of the CPA being a warranty that the Property complies with the requirements and standards contemplated in section 55 of the CPA which section 55 provides that the Purchaser has a right to receive the Property on the basis that- 19.1.1 it will be reasonably suitable for the purposes for which it is generally intended; 19.1.2 it is of good quality, in good working order and free of any defects; 19.1.3 it will be useable and durable for a reasonable period of time, having regard to the use to which the Property would normally be put and to all the surrounding circumstances of its supply except to the extent that that the Property has been altered after having left the control of the Seller. 19.2 It is however (as provided for in section 55(6) of the CPA) recorded that: 19.2.1 the Purchaser has been expressly informed that: 19.2.1.1 the Property is vacant land regarding which the soil conditions are such that the Purchaser will, regarding any structures to be erected thereon, have to have special foundations designed by a professional engineer; 19.2.1.2 the improvements to be erected on the Property will have to comply with the relevant provisions of the National Building Regulations and Building Standards Act 103 of 1977, the relevant municipal building regulations and the Wild Olive Estate Urban, Architectural and Landscape Guidelines; 19.2.1.3 the inconvenience and indemnities contained in clause 7 shall apply; 19.2.1.4 the Property is sold subject to all conditions and servitudes as contained in the applicable title deeds, to all restrictions on use stipulated by the relevant legislative authority and the Home Owner's Association and all conditions of the applicable town planning scheme; 19.2.1.5 the Property is offered to the Purchaser in the condition as it stands with possible patent (visible) defects and possible latent (invisible) defects and; 19.2.2 that the Seller has allowed the Purchaser a reasonable opportunity to examine the Property and the documents referred to in clause 19.2.1.4, that the Purchaser has carefully inspected the Property and the documents and hereby expressly agrees to accept the Property in the condition that it stands and subject to the provisions contained in the documents. (Purchaser to initial next to these under...
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Related to CONSUMER PROTECTION ACT 68 OF 2008

  • CONSUMER PROTECTION ACT 25.1 The Purchaser confirms that it has considered all of the clauses in terms whereof he, amongst other things, limit the liability of the Seller or any other person and acknowledges any fact, in detail. The Parties further acknowledge that none of the terms of this Agreement should be construed as an acknowledgement that the CPA applies to this transaction in circumstances where the CPA would not have been applicable to the transaction.

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