Common use of CONSUMER PROTECTION ACT Clause in Contracts

CONSUMER PROTECTION ACT. 24.1 The PURCHASER acknowledges that in terms of the Consumer Protection Act No 19 of 2008 ("CPA") he/she/they have the right to receive goods ("the Property") that: 24.1.1 are reasonably suitable for the purposes for which the goods are generally intended; 24.1.2 are of good quality, in good working order and free of defects; 24.1.3 comply in general with the requirements and standards contemplated in section 55 of the CPA, and accordingly the PURCHASER declares and acknowledges that after the inspection referred to in clause 7.6 above, the PURCHASER has satisfied himself/herself that taking into account the usage of the goods ("the Property") for residential purposes the provisions of the CPA are complied with (to the extent applicable). 24.2 If and to the extent applicable, for the purposes of the CPA, the PURCHASER and the signatory on its behalf (where applicable) after due consideration, by his/their signature of this Agreement acknowledge and agree that: 24.2.1 he/they has/have entered into this Agreement freely and voluntarily and that no circumstances exist for his/them alleging either now or at any future time that he/they was/were at a disadvantage in agreeing to the terms and conditions contained herein or was in anything other than an equal bargaining position with the SELLER in agreeing to such terms and conditions; 24.2.2 he/they has/have done his/their own investigations whether to enter into this Agreement or not without any undue influence, pressure, duress, harassment or unfair tactics from the SELLER; 24.2.3 he/they understand/s the content, significance and import of this Agreement without undue effort, having regard to – 24.2.3.1 the context, comprehensiveness and consistency of the Agreement; 24.2.3.2 the organisation, form and style of the Agreement; 24.2.3.3 the vocabulary, usage and sentence structure of the Agreement; and 24.2.3.4 the use of any illustrations, examples, headings or other aids to reading and understanding.

CONSUMER PROTECTION ACT. 24.1 27.1. The PURCHASER Purchaser acknowledges that in terms of the Consumer Protection Act No No. 19 of 2008 ("“CPA"”) he/she/they have she has the right to receive goods ("“the Property"”) that: 24.1.1 27.1.1. are reasonably suitable for the purposes for which the goods are generally intended; 24.1.2 27.1.2. are of good quality, in good working order and free of defects; 24.1.3 27.1.3. comply in general with the requirements and standards contemplated in section Section 55 of the CPA, and accordingly the PURCHASER Purchaser declares and acknowledges that after the inspection referred to conducted by it in clause 7.6 above, respect of the PURCHASER Property he/she has satisfied himself/himself / herself that taking into account the usage of the goods ("the Property") for residential purposes the provisions of the CPA are complied with (to the extent applicable). 24.2 27.2. If and to the extent applicable, for the purposes purpose of the Consumer Protection Act (“CPA”), the PURCHASER Purchaser and the signatory on its behalf (where applicable) after due consideration, by his/their her signature of this Agreement acknowledge agreement acknowledges and agree agrees that: 24.2.1 he27.2.1. He/they has/have She has entered into this Agreement freely and voluntarily and that no circumstances exist for his/them her alleging either now or at any future time that he/they was/were she was at a disadvantage in agreeing to the terms and conditions contained herein or was in anything other than an equal bargaining position with the SELLER Seller in agreeing to such terms and conditions; 24.2.2 he27.2.2. He/they has/have She has done his/their her own investigations whether to enter into this Agreement agreement or not without any undue influence, pressure, duress, harassment or unfair tactics from the SELLERSeller; 24.2.3 he27.2.3. He/they understand/s She understands the content, significance and import of this Agreement without undue effort, having regard to – 24.2.3.1 the context, comprehensiveness and consistency of the this Agreement; 24.2.3.2 , the organisation, form and style of the Agreement; 24.2.3.3 agreement, the vocabulary, usage and sentence structure of the Agreement; and 24.2.3.4 Agreement and the use of any illustrations, examples, headings or other aids to reading and understanding.

CONSUMER PROTECTION ACT. 24.1 The PURCHASER acknowledges that in terms of the Consumer Protection Act No 19 of 2008 ("CPA") he/she/they have the right to receive goods ("the Property") that: 24.1.1 are reasonably suitable for the purposes for which the goods are generally intended; 24.1.2 are of good quality, in good working order and free of defects; 24.1.3 comply in general with the requirements and standards contemplated in section 55 of the CPA, and accordingly the PURCHASER declares and acknowledges that after the inspection referred to in clause 7.6 above, the PURCHASER has satisfied himself/herself that taking into account the usage of the goods ("the Property") for residential purposes the provisions of the CPA are complied with (to the extent applicable). 24.2 If and to the extent applicable, for the purposes of the CPA, the PURCHASER and the signatory on its behalf (where applicable) after After due consideration, and by his/their his signature of this Agreement hereto, the Purchaser or his representative, as the case might be, hereby acknowledge and agree that:record that:- 24.2.1 he/they has/have 40.1 he has entered into this Agreement freely and voluntarily of his own accord and that no circumstances exist for his/them alleging either circumstance exists that would entitle him to allege, now or at any future time in future, that he/they was/were he was at a disadvantage or unequal bargaining position to the Seller in agreeing to negotiating and concluding the terms and conditions contained herein or was in anything other than an equal bargaining position with the SELLER in agreeing to such terms and conditionsthis Agreement; 24.2.2 he/they has/have 40.2 he has done his/their his own investigations with respect to whether or not to enter into this Agreement or not and that he has done so without any undue influence, pressure, duress, harassment or unfair tactics from the SELLERSeller; 24.2.3 he/they understand/s 40.3 he understands the content, significance and import of the terms of this Agreement without undue effort, having regard to –to:- 24.2.3.1 40.3.1 the context, comprehensiveness and consistency of the Agreement; 24.2.3.2 40.3.2 the organisationorganization, form and style of the Agreement; 24.2.3.3 40.3.3 the vocabulary, usage of language and sentence structure of the Agreement; and; 24.2.3.4 40.3.4 the use of any illustrations, examplesheadings, headings examples or other aids to reading and understandingunderstanding the Agreement. 40.4 If the PURCHASER, is a JURISTIC PERSON, it hereby warrants to the SELLER that its asset value or annual turnover, at the DATE OF SIGNATURE and the DATE OF CESSION, shall equal or exceed the threshold determined by the Minister in terms of section 6 of the CPA (namely, R2,000,000.00 (TWO MILLION RAND)) and, as a consequence, the sale of the UNIT to the PURCHASER in terms of this AGREEMENT, is exempt from the provisions of the CPA (save for the provisions of Section 60 and 61 of the CPA). 40.5 It is recorded that the aforesaid warranty is material to the SELLER in entering into this AGREEMENT. 40.6 The PURCHASER undertakes, within 7 (SEVEN) days of being requested to do so by the SELLER, to furnish the SELLER with its last audited financial accounts or its Auditors written confirmation, and such other financial information in respect to the PURCHASER as the SELLER may reasonably require, in order to confirm that the PURCHASER’S asset value and/or turnover is as warranted in paragraph 40.1 above.

CONSUMER PROTECTION ACT. 24.1 20.1 The PURCHASER Purchaser acknowledges that in terms of the Consumer Protection Act No 19 of 2008 ("CPA") he/she/they have has the right to receive goods ("the Property") that: 24.1.1 20.1.1 are reasonably suitable for the purposes for which the goods are generally intended; 24.1.2 20.1.2 are of good quality, in good working order and free of defects; 24.1.3 20.1.3 comply in general with the requirements and standards contemplated in section 55 of the CPA, and accordingly the PURCHASER Purchaser declares and acknowledges that after the inspection referred to in clause 7.6 6.2 above, the PURCHASER Purchaser has satisfied himselfhomself/herself that taking into account the usage of the goods ("the Property") for residential purposes the provisions of the CPA are complied with (to the extent applicable). 24.2 20.2 If and to the extent applicable, for the purposes of the CPA, the PURCHASER Purchaser and the signatory on its behalf (where applicable) after due consideration, by his/their signature of this Agreement acknowledge and agree that: 24.2.1 20.2.1 he/they has/have entered into this Agreement freely and voluntarily and that no circumstances exist for his/them alleging either now or at any future time that he/they was/were at a disadvantage in agreeing to the terms and conditions contained herein or was in anything other than an equal bargaining position with the SELLER The Seller in agreeing to such terms and conditions; 24.2.2 20.2.2 he/they has/have done his/their own investigations whether to enter into this Agreement or not without any undue influence, pressure, duress, harassment or unfair tactics from the SELLERSeller; 24.2.3 20.2.3 he/they understand/s the content, significance and import of this Agreement without undue effort, having regard to – 24.2.3.1 20.2.3.1 the context, comprehensiveness and consistency of the Agreement; 24.2.3.2 20.2.3.2 the organisation, form and style of the Agreement; 24.2.3.3 20.2.3.3 the vocabulary, usage and sentence structure of the Agreement; and 24.2.3.4 20.2.3.4 the use of any illustrations, examples, headings or other aids to reading and understanding.