Common use of DEFECTS AND REMEDIAL WORK Clause in Contracts

DEFECTS AND REMEDIAL WORK. 9.1 The Purchaser shall not have any claim of whatsoever nature against the Seller in respect of any defect or alleged defects to the Property and/or in the Building or in respect of anything relating thereto, whether patent or latent, otherwise than to the extent, if any, it is provided for in clauses 9.2 and 9.4. 9.2 The Seller shall remedy any Latent Defect to the Property due to faulty workmanship or materials, manifesting itself within 60 (sixty) business days of the Completion Date; provided that the Purchaser notifies the Seller thereof in writing within the said period of 60 (sixty) business days. The Seller shall under no circumstances be liable for any consequential loss or damage and the Purchaser hereby waives any such claim. 9.3 A certificate by the Architect to the effect that any defect has been rectified shall be binding on both Parties and shall relieve the Seller from any further obligation in respect of such defect. 9.4 The Seller undertakes to strictly enforce for the benefit of the Purchaser any guarantee or warranty which it may enjoy, whether under its building contract which it has with its building contractor of the Building, or any other basis. To the extent that such guarantees or warrantees relate to the Property, the Seller hereby cedes all its rights in respect thereof to the Purchaser and/or the Body Corporate. 9.5 The Seller shall, prior to the commencement of construction of the buildings in the Scheme ensure that the building project on the Land is enrolled, as required in terms of Section 14 of HCPM Act. 9.6 The Purchaser shall not have any claim of any nature against the Seller for any loss, damage or injury which the Purchaser, his/her/its agents and/or invitees may directly or indirectly suffer by reason of any latent or patent defects in the Property or any part thereof being in a defective condition or state of disrepair or arising out of vis major or casus fortuitus or any other cause either wholly or partly beyond the Seller’s control or arising out of any act or omission by any other purchaser of a Section. 9.7 All warranties and undertakings hereby given to the Purchaser in terms of the Agreement are personal to the Purchaser and cannot be alienated or disposed of by the Purchaser in any way. 9.8 The Purchaser shall not be entitled to withhold, set-off or retain any amounts owing by the Purchaser to the Seller nor shall the Purchaser be entitled to withhold or xxxxx payment of any amount due to the Seller in terms of the Agreement, regardless of whether any defects as identified herein have not yet been rectified. 9.9 The Purchaser acknowledges that the Seller will not be responsible for any defects arising from work or variations done to the Section by the Purchaser or his/her/its representatives, agents or employees.

DEFECTS AND REMEDIAL WORK. 9.1 10.1 The Purchaser shall on the Occupation Date, inspect the Section and Exclusive Use Areas, prepare a snag list listing all defects found in the Section (“the snag list ”), which snag list shall be signed off by the Purchaser, and furnish the snag list to the Seller within 7 (seven) days of the Occupation Date. Should the Purchaser, fail to inspect the Section and Exclusive Use Areas on the Occupation Date, prepare a snag list and furnish same to the Seller within 7 (seven) days thereof, the Purchaser shall be deemed to have accepted the Section and/or the Exclusive use Areas, in the condition they were at the Occupation Date , in which event the Purchaser shall have no claim of whatsoever nature against the Seller, arising out of any defect or alleged defects in the Section or the Exclusive Use Areas or in respect of anything relating thereto, whether patent or latent. 10.2 The Seller shall cause all reasonable repairs as per the snag list, to be effected as soon as is reasonably and practically possible, at the Seller’s cost, whereafter the Purchaser shall not have any claim of whatsoever nature against the Seller in respect of any defect or alleged defects to in the Property and/or Section or the Exclusive Use Areas or in the Building or in respect of anything relating thereto, whether patent or latent, otherwise than to the extent, if any, it is provided for in clauses 9.2 and 9.4latent . 9.2 The Seller shall remedy any Latent Defect to the Property due to faulty workmanship or materials, manifesting itself within 60 (sixty) business days of the Completion Date; provided that the Purchaser notifies the Seller thereof in writing within the said period of 60 (sixty) business days. The Seller shall under no circumstances be liable for any consequential loss or damage and the Purchaser hereby waives any such claim. 9.3 10.3 A certificate by the Architect to the effect that any defect referred to in clause 10.2 read with clause 10.1, has been rectified rectified, shall be binding on both Parties and shall relieve the Seller from any further obligation in respect of such defect. 9.4 The Seller undertakes to strictly enforce for 10.4 In the benefit event of a defect manifesting itself in the Section and/or Exclusive Use Area within 90 (ninety) days of the Occupation Date (for which the Purchaser agrees that the Seller is not liable), the Seller hereby cedes to the Purchaser its right to claim from the building contractor in terms of any guarantee or warranty which it may enjoy, whether under its building contract which it has with its building contractor of the Building, or any other basis. To , to the extent that such guarantees or warrantees warranties relate to the PropertySection and the Exclusive Use Areas. 10.5 For the purposes of this clause 10 the expression “any latent defect” means those defects the existence of which are recorded in writing by the Principal Agent as latent and requiring to be remedied or repaired. 10.6 For the purposes of this clause 10 the expression “ patent defects” means those defects the existence of which are recorded in writing by the Principal Agent as material and requiring to be remedied or repaired. 10.7 The Common Property shall on establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Seller hereby cedes all shall be deemed to have fulfilled its rights obligations to the owners of the Body Corporate and neither the owners, nor the Body Corporate shall have any claim against the Seller in respect thereof to of the Purchaser and/or the Body CorporateCommon Property. 9.5 The Seller shall, prior to the commencement of construction of the buildings in the Scheme ensure that the building project on the Land is enrolled, as required in terms of Section 14 of HCPM Act. 9.6 10.8 The Purchaser shall not have any claim of any nature against the Seller for any loss, damage or injury which the Purchaser, his/her/its hi s agents and/or invitees may directly or indirectly suffer by reason of any latent or patent defects in the Property Section or any part thereof being in a defective condition or state of disrepair or arising out of vis major or casus fortuitus or any other cause either wholly or partly beyond the Seller’s control or arising out of any act or omission by any other purchaser Purchaser of a SectionSection in the Building. 9.7 10.9 All warranties and undertakings hereby given to the Purchaser in terms of the this Agreement are personal to the Purchaser and cannot be alienated or disposed of by the Purchaser in any way. 9.8 10.10 The Purchaser shall not be entitled to withhold, set-off or retain any amounts owing by the Purchaser to the Seller nor shall the Purchaser be entitled to withhold or xxxxx payment of any amount due to the Seller in terms of the Agreement, regardless of whether any defects as identified herein have not yet been rectified. 9.9 10.11 The Purchaser acknowledges that the Seller will not be responsible for any defects arising from work or variations done to the Section by the Purchaser or his/her/its his representatives, agents or employees.

DEFECTS AND REMEDIAL WORK. 9.1 10.1 The Purchaser shall accept transfer of the Section and cession of the right to the Exclusive Use Areas subject to all conditions and servitudes benefiting or burdening the Section and the Property whether existing or hereafter imposed by any competent authority or by the Seller. 10.2 The Purchaser shall not have any claim of whatsoever nature against the Seller in respect of any defect or alleged defects to in the Property and/or Section or the Exclusive Use Areas or in the Building or in respect of anything relating thereto, whether patent or latent, otherwise than to the extent, if any, it is provided for in clauses 9.2 10.3 and 9.410.5 of this Agreement. 9.2 10.3 The Seller shall remedy any Latent Defect latent defect in the Section and the Exclusive Use Areas due to the Property due to faulty workmanship or materials, manifesting itself within 60 (sixty) business days of the Completion Date; Date provided that the Purchaser notifies the Seller thereof in writing within the said period of 60 (sixty) business days. The Seller shall under no circumstances be liable for any consequential loss or damage and the Purchaser hereby waives any such claim. 9.3 10.4 A certificate by the Architect to the effect that any defect has been rectified shall be binding on both Parties and shall relieve the Seller from any further obligation in respect of such defect. 9.4 10.5 The Seller undertakes to strictly enforce for the benefit of the Purchaser any guarantee or warranty which it may enjoy, whether under its building contract which it has with its building contractor of the Buildingbuilding, or any other basis. To the extent that such guarantees or warrantees relate to the PropertySection and the Exclusive Use Areas, the Seller hereby cedes all its rights in respect thereof to the Purchaser and/or the Body Corporate. 9.5 10.6 For the purposes of clause 10.3 the expression “any latent defect” means those defects the existence of which are recorded in writing by the Principal Agent as latent and requiring to be remedied or repaired. 10.7 The Seller shallwarrants that in respect of the Building, prior at the instance of the Seller only that: 10.7.1 the building contractor engaged to construct and erect the Building, is registered as a home builder; and 10.7.2 the Building will be enrolled with the National Home Builders Registration Council (“the NHBRC”). 10.8 The Seller shall carry out such works and repairs that may be necessary to honour the terms and conditions of the warranty provided by the NHBRC in respect of the Section and the Building and other structures to be erected on the Property. 10.9 The Common Property shall on establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Seller shall be deemed to have fulfilled its obligations to the commencement of construction owners of the buildings Body Corporate and neither the owners, nor the Body Corporate shall have any claim against the Seller in respect of the Scheme ensure that the building project on the Land is enrolled, as required in terms of Section 14 of HCPM ActCommon Property. 9.6 10.10 The Purchaser shall not have any claim of any nature against the Seller for any loss, damage or injury which the Purchaser, his/her/its his agents and/or invitees may directly or indirectly suffer by reason of any latent or patent defects in the Property Section or any part thereof being in a defective condition or state of disrepair or arising out of vis major or casus fortuitus or any other cause either wholly or partly beyond the Seller’s control or arising out of any act or omission by any other purchaser Purchaser of a SectionSection in the Building. 9.7 10.11 All warranties and undertakings hereby given to the Purchaser in terms of the this Agreement are personal to the Purchaser and cannot be alienated or disposed of by the Purchaser in any way. 9.8 10.12 The Purchaser shall not be entitled to withhold, set-off or retain any amounts owing by the Purchaser to the Seller nor shall the Purchaser be entitled to withhold or xxxxx payment of any amount due to the Seller in terms of the Agreement, regardless of whether any defects as identified herein have not yet been rectified. 9.9 10.13 The Purchaser acknowledges that the Seller will not be responsible for any defects arising from work or variations done to the Section by the Purchaser or his/her/its his representatives, agents or employees.

DEFECTS AND REMEDIAL WORK. 9.1 The 11.1. Subject to this clause 11.1, should any defect (whether obvious or material) or alleged defect in the Unit manifest themselves within 45 (forty five) days after the Occupation Date (“the forty five day period”), the Purchaser shall not furnish the Seller at its domicilium as provided for in clause 1.1.32 above, with a written and signed list of such defects (“the Defects List”) within 7 (seven) days of the expiry of the forty five day period, failing which the Purchaser shall be deemed to have any claim accepted the Unit in good order and condition. The Seller shall cause reasonable repairs to the said defects to be effected as soon as reasonably possible after receipt of whatsoever nature against the Defects List. The Seller and all persons authorised or employed by the Seller shall be entitled to access the Unit for the purposes of inspection and effecting the said repairs. After such repairs have been effected, no liability shall attach to the Seller in respect of any defect or alleged defects to the Property and/or defects. 11.2. The Seller‟s obligations in the Building or terms of clause 11.1 shall :- 11.2.1. only apply in respect of anything relating theretodefects arising as a result of faulty workmanship and/or materials used in the construction of the Unit and for no other defects or leaks, whether patent howsoever arising; 11.2.2. only apply, subject to clause 11.1, for so long as the Purchaser is the registered owner of the Unit; 11.2.3. not apply in respect of or latent, otherwise than arising in any way from any alterations to the extent, if any, it is provided for in clauses 9.2 and 9.4Unit effected at the instance of the Purchaser; and 11.2.4. not entitle the Purchaser to claim any consequential damages from the Seller. 9.2 The Seller shall remedy any Latent Defect to the Property due to faulty workmanship or materials, manifesting itself within 60 (sixty) business days of the Completion Date; provided that the Purchaser notifies the Seller thereof in writing within the said period of 60 (sixty) business days11.3. The Seller shall under no circumstances be liable for any consequential loss or damage and the Purchaser hereby waives any such claim. 9.3 A certificate by the Architect stating that any repairs to the effect any defect referred to in clause 11.1 are reasonable or that any defect for which the Seller is liable in terms of clause 11.1 has been rectified made good, shall be final and binding on both Parties the parties and shall relieve the Seller from any further obligation obligations in respect of such defect. 9.4 The Seller undertakes to strictly enforce for . In the benefit of the Purchaser any guarantee or warranty which it may enjoy, whether under its building contract which it has with its building contractor of the Building, or any other basis. To the extent that such guarantees or warrantees relate to the Property, the Seller hereby cedes all its rights in respect thereof to the Purchaser and/or the Body Corporate. 9.5 The Seller shall, prior to the commencement of construction of the buildings in the Scheme ensure that the building project on the Land is enrolled, as required in terms of Section 14 of HCPM Act. 9.6 The Purchaser shall not have any claim of any nature against the Seller for any loss, damage or injury which the Purchaser, his/her/its agents and/or invitees may directly or indirectly suffer by reason of any latent or patent defects in the Property or any part thereof being in a defective condition or state of disrepair or arising out of vis major or casus fortuitus or any other cause either wholly or partly beyond the Seller’s control or arising out of any act or omission by any other purchaser event of a Section. 9.7 All warranties and undertakings hereby given to the Purchaser in terms of the Agreement are personal to dispute between the Purchaser and canthe Seller as to whether or not any defect referred to in clause 11.1 arose as a result of faulty workmanship and/or materials, then such dispute shall be alienated or disposed referred to the Architect (acting as an expert and not as an arbitrator) whose decisions shall be final and binding on the parties. 11.4. Notwithstanding the provisions of by clause 11.1, the Purchaser shall have no claim against the Seller, and in any way. 9.8 The Purchaser particular shall not be entitled to withholdcancel this Agreement, setfor any non-off or retain any amounts owing material discrepancies of whatsoever nature between the finally approved plans and specifications relating to the Unit and/or between the Theme Finish reflected in “Annexure F”, as the case may be, and the completed Dwelling Area. In the event of a material discrepancy, other than as provided for in clause 11.3 the Seller shall cause same to be remedied within a reasonable time after having been informed thereof in writing by the Purchaser, provided that the liability of the Seller shall only endure for a period of 45 (forty five) days from the Occupation Date. In the event of a dispute between the Purchaser and the Seller as to whether or not any discrepancy is material as referred to in this clause 11.4, then such dispute shall be referred to the Seller nor Architect (acting as an expert and not as an arbitrator) whose decisions shall be final and binding on the Purchaser be entitled parties 11.5. After the establishment of the Body Corporate and after the Contractor has issued the „Final Certificate of Completion‟ referred to withhold or xxxxx payment of any amount due to the Seller and in terms of the AgreementPrincipal Building Contract, regardless the Seller shall cede to the Body Corporate all rights which the Seller may have at that time against the Principal Agent in respect of whether any the Building, including inter alia its rights pertaining to the „5 (five) year latent defects liability period‟, provided that the Purchaser accepts that the Seller gives no warranties as identified herein have not yet been rectifiedto its ability to cede such rights, nor the effectiveness of enforcing such rights, nor anything relating thereto. 9.9 11.6. The Purchaser by way of his signature hereto hereby consents to the cession of the Sellers rights as contemplated in clause 11.5. 11.7. The Purchaser acknowledges that that, the Seller will shall not be responsible for bound by any defects arising from work representations, warranties, promises, undertakings and the like made by or variations done to on behalf of the Section by Seller which are not contained in the Purchaser or his/her/its representatives, agents or employeesAgreement.

DEFECTS AND REMEDIAL WORK. 9.1 10.1 The Purchaser shall on the Occupation Date, inspect the Section and Exclusive Use Areas, prepare a snag list listing all defects found in the Section (“the snag list”), which snag list shall be signed off by the Purchaser, and furnish the snag list to the Seller within 7 (seven) days of the Occupation Date. Should the Purchaser, fail to inspect the Section and Exclusive Use Areas on the Occupation Date, prepare a snag list and furnish same to the Seller within 7 (seven) days thereof, the Purchaser shall be deemed to have accepted the Section and/or the Exclusive use Areas, in the condition they were at the Occupation Date, in which event the Purchaser shall have no claim of whatsoever nature against the Seller, arising out of any defect or alleged defects in the Section or the Exclusive Use Areas or in respect of anything relating thereto, whether patent or latent. 10.2 The Seller shall cause all reasonable repairs as per the snag list, to be effected as soon as is reasonably and practically possible, at the Seller’s cost, whereafter the Purchaser shall not have any claim of whatsoever nature against the Seller in respect of any defect or alleged defects to in the Property and/or Section or the Exclusive Use Areas or in the Building or in respect of anything relating thereto, whether patent or latent, otherwise than to the extent, if any, it is provided for in clauses 9.2 and 9.4. 9.2 The Seller shall remedy any Latent Defect to the Property due to faulty workmanship or materials, manifesting itself within 60 (sixty) business days of the Completion Date; provided that the Purchaser notifies the Seller thereof in writing within the said period of 60 (sixty) business days. The Seller shall under no circumstances be liable for any consequential loss or damage and the Purchaser hereby waives any such claim. 9.3 10.3 A certificate by the Architect to the effect that any defect referred to in clause 10.2 read with clause 10.1, has been rectified rectified, shall be binding on both Parties and shall relieve the Seller from any further obligation in respect of such defect. 9.4 The Seller undertakes to strictly enforce for 10.4 In the benefit event of a defect manifesting itself in the Section and/or Exclusive Use Area within 90 (ninety) days of the Occupation Date (for which the Purchaser agrees that the Seller is not liable), the Seller hereby cedes to the Purchaser its right to claim from the building contractor in terms of any guarantee or warranty which it may enjoy, whether under its building contract which it has with its building contractor of the Building, or any other basis. To , to the extent that such guarantees or warrantees warranties relate to the PropertySection and the Exclusive Use Areas. 10.5 For the purposes of this clause 10 the expression “any latent defect” means those defects the existence of which are recorded in writing by the Principal Agent as latent and requiring to be remedied or repaired. 10.6 For the purposes of this clause 10 the expression “patent defects” means those defects the existence of which are recorded in writing by the Principal Agent as material and requiring to be remedied or repaired. 10.7 The Common Property shall on establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Seller hereby cedes all shall be deemed to have fulfilled its rights obligations to the owners of the Body Corporate and neither the owners, nor the Body Corporate shall have any claim against the Seller in respect thereof to of the Purchaser and/or the Body CorporateCommon Property. 9.5 The Seller shall, prior to the commencement of construction of the buildings in the Scheme ensure that the building project on the Land is enrolled, as required in terms of Section 14 of HCPM Act. 9.6 10.8 The Purchaser shall not have any claim of any nature against the Seller for any loss, damage or injury which the Purchaser, his/her/its his agents and/or invitees may directly or indirectly suffer by reason of any latent or patent defects in the Property Section or any part thereof being in a defective condition or state of disrepair or arising out of vis major or casus fortuitus or any other cause either wholly or partly beyond the Seller’s control or arising out of any act or omission by any other purchaser Purchaser of a SectionSection in the Building. 9.7 10.9 All warranties and undertakings hereby given to the Purchaser in terms of the this Agreement are personal to the Purchaser and cannot be alienated or disposed of by the Purchaser in any way. 9.8 10.10 The Purchaser shall not be entitled to withhold, set-off or retain any amounts owing by the Purchaser to the Seller nor shall the Purchaser be entitled to withhold or xxxxx payment of any amount due to the Seller in terms of the Agreement, regardless of whether any defects as identified herein have not yet been rectified. 9.9 10.11 The Purchaser acknowledges that the Seller will not be responsible for any defects arising from work or variations done to the Section by the Purchaser or his/her/its his representatives, agents or employees.