Common use of DEFECTS AND MAINTENANCE Clause in Contracts

DEFECTS AND MAINTENANCE. The Subcontractor shall maintain and protect the Subcontract Works at its own expense and shall make good at its own expense any defects, shrinkages and/or other faults in, or damage to the Subcontract Works to the Contractor's satisfaction. The Subcontractor shall make good such defects, shrinkages and/or other faults and/or damage within such time period as required by the Contractor. the Subcontract Sum is inclusive of all works whether permanent or temporary, materials and expenditure, which will be necessary to complete the Subcontract Works as described in or to be inferred from this Subcontract; it shall carry out the Subcontract Works (including any design of the Subcontract Works for which it is responsible) without infringement of any rights, reservations, covenants, restrictions, stipulations or other encumbrances binding upon or affecting the site (save as may have been agreed in writing with the Contractor) insofar as details of the same have been made known to the Subcontractor; it shall carry out the Subcontractor Works (including any design of the Subcontract Works for which it is responsible) to ensure proper integration, coordination and compatibility of the various components and elements that make up and comprise the Subcontract Works one with the other and with the other parts of the site. The Contractor shall have a royalty-free irrevocable licence for the copyright and other intellectual property and design rights in all drawings, models, plans, elevations, sections, perspectives, design reports, specifications, bills of quantities, calculations and other works, information and documents (including those in computer generated form) produced or to be produced by or on behalf of the Subcontractor pursuant to the Subcontract Works ("the Documents") for all purposes in connection with the Works or its operation or use. The Subcontractor shall not be liable for the consequences of any use of the Documents for any purpose other than those for which the Subcontractor produced them. The Subcontractor shall make good any such defects, shrinkages or faults referred to in Clause 7.1 so as to cause as little disturbance as possible to any occupier of premises comprised within the site and subject to any restrictions and within any period of time in the Subcontract and/or the Main Contract. Failure by the Subcontractor to commence and complete the rectification of defects, shrinkages and/or other faults and/or damage to the Subcontract Works within the time periods required by the Contractor shall entitle the Contractor to carry out the rectification themselves or nominate others to do so and deduct the total costs incurred plus overheads from monies due to the Subcontractor or recover the total cost from the Subcontractor as a debt.

DEFECTS AND MAINTENANCE. The Subcontractor shall maintain and protect 12.1 It is hereby recorded that at the Subcontract Works at its own expense and shall make good at its own expense any defects, shrinkages and/or other faults in, or damage to the Subcontract Works to the Contractor's satisfaction. The Subcontractor shall make good such defects, shrinkages and/or other faults and/or damage within such time period as required by the Contractor. the Subcontract Sum is inclusive of all works whether permanent or temporary, materials and expenditure, which will be necessary to complete the Subcontract Works as described in or to be inferred from this Subcontract; it shall carry out the Subcontract Works (including any design of the Subcontract Works for which it is responsible) without infringement conclusion of any rightsthis Agreement, reservationsthe Premises were in a good state of repair and condition, covenantsand that all keys, restrictionslocks, stipulations or other encumbrances binding upon or affecting the site (save as may have been agreed in writing with the Contractor) insofar as details of the same have been made known to the Subcontractor; it shall carry out the Subcontractor Works (including any design of the Subcontract Works for which it is responsible) to ensure proper integrationglass windows, coordination and compatibility of the various components and elements that make up and comprise the Subcontract Works one with the other and with the other parts of the site. The Contractor shall have a royaltyelectrical installations, sanitary-free irrevocable licence for the copyright ware, sewerage pipes, stoves, water taps, geysers and other intellectual property and design rights appurtenances including all the movable items specified in all drawings, models, plans, elevations, sections, perspectives, design reports, specifications, bills of quantities, calculations and other works, information and documents (including those in computer generated form) produced or to be produced by or on behalf of the Subcontractor pursuant to the Subcontract Works Inventory annexed hereto ("the Documentsgoods"), were likewise in good order and condition. Should the Lessee at the time of taking occupation of the Premises discover any defect/s in the Premises and/or any of the goods, he shall within 3 (three) for days of such occupation give written notice of such defect/s to the Estate Agent or (if so directed in writing by the Estate Agent at the time of conclusion of this Agreement) the Lessor. Failure on the part of the Lessee to give such notice shall be deemed to be an acknowledgement on his part that the whole of the Premises including all purposes the goods, were in connection with a good and proper state of repair and condition at the Works time he took occupation. 12.2 It is specifically recorded that any notice given by the Lessee in terms of clause 12.1 shall not confer any obligation on the Lessor to repair the Premises or its operation the goods concerned, the intention being that such notice will serve only to record the state of repair in which the Lessee took occupation of the Premises and the goods. It is furthermore specifically recorded that, save as is otherwise provided in this Agreement, the Lessor shall not be obliged to effect repairs to or use. maintain the Premises or the goods, and the Lessee shall not be entitled to withhold the Rental or to claim any refund in respect of Rental paid by reason of any defect/s whatsoever in the Premises or the goods. 12.3 The Subcontractor Lessor shall keep the structure of the Premises and the roof in a state of good repair, but shall not be liable to the Lessee for any damages which the Lessee may suffer by reason of any repairs to be effected by the Lessor not being effected timeously or at all. 12.4 The Lessee undertakes, subject to clauses 12.3 above and 12.8 below, to maintain at his own cost the whole of the Premises and the goods for the consequences entire period of this Lease in the same state of repair as they were received by him, reasonable fair wear and tear excepted, alternatively to reimburse the Lessor for the cost of replacing or repairing any use breakages or defects. Notwithstanding the generality of the Documents aforegoing, the Lessee specifically undertakes to:- 12.4.1 keep and maintain all gutters, sewerage pipes, water pipes and drains on the Premises free from obstruction and/or blockage; and 12.4.2 keep the grounds (if any) of the Premises in a clean and tidy condition, free from all litter and rubbish, and to keep the xxxxxx trimmed, lawns mowed and flowerbeds neat and tidy; and 12.4.3 keep the electrical system in good working order and condition; and 12.4.4 maintain the swimming pool, motor and filtration plant (if any) in good working condition and free from all obstruction and contamination; and 12.4.5 clean the carpets and other floor coverings and tiles regularly, it being understood that same shall be replaced completely at the expense of the Lessee should they be damaged beyond reasonable wear and tear. 12.5 The Lessor and/or the Estate Agent shall be entitled to inspect the Premises at all reasonable times and to make such repairs and alterations as are deemed necessary for any purpose other than those for which the Subcontractor produced them. The Subcontractor safety, preservation or improvement of the Premises, both externally and internally. 12.6 Should the Lessee fail to maintain the Premises and/or the goods in the manner specified in this clause, the Lessor shall make good any such defectsbe entitled, shrinkages or faults referred to in Clause 7.1 so as to cause as little disturbance as possible addition to any occupier other rights or remedies available to him in terms of premises comprised within the site and subject to any restrictions and within any period of time in the Subcontract and/or the Main Contract. Failure by the Subcontractor to commence and complete the rectification of defectsthis Agreement, shrinkages and/or other faults and/or damage to the Subcontract Works within the time periods required by the Contractor shall entitle the Contractor to carry out the rectification themselves necessary maintenance work at his discretion and to recover the full cost thereof from the Lessee. 12.7 On the termination of this Lease, the Lessee shall restore the whole of the Premises and the goods to the Lessor in the same good order and condition as they were at the commencement of this Lease, fair wear and tear excepted. The Lessor shall, within 7 (seven) days after restoration of the Premises to him, inspect the Premises and notify the Lessee in writing of all damages to or nominate others defects in the Premises for which the Lessee is liable in terms of this clause 12. Failure on the part of the Lessor to give such notice shall be deemed to be an acknowledgement on his part that the whole of the Premises, including all the goods, were in a good and proper state of repair and condition as at the date of such restoration. 12.8 If the Premises form part of a sectional title or share block scheme under the provisions of the Sectional Titles Act 95 of 1986 or the Share Blocks Control Act 59 of 1980 (as the case may be), the Lessee shall not be obliged or entitled to maintain the Premises and/or the goods insofar as the obligation or right to do so and deduct is imposed on or vests in:- 12.8.1 the total costs incurred plus overheads from monies due to body corporate or the Subcontractor or recover sectional title scheme; or 12.8.2 the total cost from the Subcontractor as a debtrelevant share block company.

DEFECTS AND MAINTENANCE. The Subcontractor 12.1 It is hereby recorded that at the time of conclusion of this Agreement the Premises are in a good state of repair and condition, and that all keys, locks, glass windows, electrical installations, sanitary xxxx, sewerage pipes, stoves if supplied, water taps, geyser and other appurtenances including all the movable items specified in the Inventory annexed hereto (“the goods”), are likewise in good order and condition. Should the Lessee at the time of taking occupation of the Premises discover any defects in the Premises and/or any of the goods, he shall maintain and protect the Subcontract Works at its own expense and shall make good at its own expense within 3 (three) days of such occupation give written notice of any defects, shrinkages and/or other faults in, or damage such defect to the Subcontract Works to the Contractor's satisfaction. The Subcontractor shall make good such defects, shrinkages and/or other faults and/or damage within such time period as required Estate Agent or (if so directed in writing by the ContractorEstate Agent at the time of conclusion of this Agreement) the Lessor. Failure on the Subcontract Sum is inclusive part of all works whether permanent or temporary, materials and expenditure, which will the Lessee to give such notice shall be necessary to complete the Subcontract Works as described in or deemed to be inferred from this Subcontract; it shall carry out an acknowledgment on his part that the Subcontract Works (including any design whole of the Subcontract Works for Premises including all the goods are in a good and proper state of repair and condition. 12.2 It is specifically recorded that any notice given by the Lessee in terms of 12.1 shall not place any obligation on the Lessor to repair the Premises or the goods concerned, the intention being that such notice will serve only to record the state of repair in which it the Lessee took occupation of the Premises and the goods. It is responsible) without infringement of any rights, reservations, covenants, restrictions, stipulations or other encumbrances binding upon or affecting the site (furthermore specifically recorded that save as may have been agreed is otherwise provided in writing with this Agreement, the Contractor) insofar as details of the same have been made known to the Subcontractor; it shall carry out the Subcontractor Works (including any design of the Subcontract Works for which it is responsible) to ensure proper integration, coordination and compatibility of the various components and elements that make up and comprise the Subcontract Works one with the other and with the other parts of the site. The Contractor shall have a royalty-free irrevocable licence for the copyright and other intellectual property and design rights in all drawings, models, plans, elevations, sections, perspectives, design reports, specifications, bills of quantities, calculations and other works, information and documents (including those in computer generated form) produced or to be produced by or on behalf of the Subcontractor pursuant to the Subcontract Works ("the Documents") for all purposes in connection with the Works or its operation or use. The Subcontractor Lessor shall not be obliged to effect repairs to or maintain the Premises or the goods, and Lessee shall not be entitled to withhold the Rental or to claim any refund in respect of Rental paid, by reason of any defect whatsoever in the Premises or the goods. 12.3 The Lessor shall keep the structure of the Premises and the roof in a state of good repair but shall not be held liable by the Lessee for any damages which the Lessee may suffer by reason of any repairs to be effected by the Lessor not being effected timeout or at all. 12.4 The Lessee undertakes, subject to 12.3 above and 12.8 below, to maintain at his own cost the whole of the Premises and the goods for the consequences of any use full duration of the Documents lease in the same state of repair as they were received by him, reasonable fair wear and tear excepted, alternatively to reimburse the Lessor for the cost of replacing or repairing any purpose breakage’s or defects. Notwithstanding the generality of this clause, the Lessee specifically undertakes to: 12.4.1 keep and maintain all gutters, sewerage pipes, water and drains on the Premises free from obstruction and/or blockage; and 12.4.2 keep the grounds (if any) of the Premises in a clean and tidy condition, free from all litter and rubbish, and to keep the xxxxxx trimmed, lawn mowed and flowerbeds neat and tidy; and 12.4.3 keep the electrical system in good working order and condition; and 12.4.4 maintain the swimming pool, motor and filtration plant (if any) in good working condition and free from all obstructions and contamination; and 12.4.5 clean the carpets and other than those for which floor coverings and tiles regularly, it being understood that same shall be replaced completely at the Subcontractor produced themexpense of the Lessee should they be damaged beyond reasonable wear and tear; and 12.4.5.1 clean the carpets through a professional company, or instruct the agent to arrange the cleaning, within 2 days of vacating the premises. The Subcontractor cost of such carpet cleaning will be for the Lessee’s account and proof of such payment must be produced prior to refund of the deposit. 12.5 The Lessor and/or the Estate Agent shall be entitled to inspect the premises at all reasonable times and to make good any such defectsrepairs and alterations as are deemed necessary for the safety, shrinkages preservation or faults referred improvement of the Premises, both externally and internally. 12.6 Should the Lessee fail to maintain the Premises and/or goods in Clause 7.1 so as to cause as little disturbance as possible the manner specified in this clause, the Lessor shall be entitled, in addition to any occupier other rights or remedies available to him in terms of premises comprised within the site and subject to any restrictions and within any period of time in the Subcontract and/or the Main Contract. Failure by the Subcontractor to commence and complete the rectification of defectsthis Agreement, shrinkages and/or other faults and/or damage to the Subcontract Works within the time periods required by the Contractor shall entitle the Contractor to carry out the rectification themselves necessary maintenance work at his discretion and to recover the full cost thereof from the Lessee. 12.7 On termination of the lease, the Lessee shall restore the whole of the Premises and the goods to the Lessor in the same good order and condition as they are at present, fair wear and tear excluded. 12.8 If the Premises form part of a sectional title or nominate others share block scheme under the provisions of the Sectional Titles Act 95 of 1986 or the Share Blocks Control Act 59 of 1980 (as the case may be), the Lessee shall not be obliged or entitled to maintain in any manner the premises and/or goods insofar as the obligation or right to do so and deduct is imposed on or vests in 12.8.1 the total costs incurred plus overheads from monies due to body corporate of the Subcontractor or recover sectional title scheme; or 12.8.2 the total cost from the Subcontractor as a debtrelevant share block company.