DEFECTS AND VOETSTOOTS. 15.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months. 15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement. 15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:- 15.3.1 remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days; 15.3.2 at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months; 15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period. 15.4 The Contractor shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence. 15.5 The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday. 15.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
Appears in 6 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 14.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by agreement between the Seller and the Purchaser.
15.2 14.2. If the Seller must remedy any patent and latent defect as referred to in Clause 14.1 above, the material used and/or the Basic Specifications and/or the Upgrade to Specifications, will only serve as a guideline and the Seller reserve the right to amend the Basic Specifications, and/or Upgrade to Specifications and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in the Basic Specifications, Upgrade to Specifications or material will be of similar quality, color and appearance.
14.3. In the absence of notice as referred to in Clause 15.1 14.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid Clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement14.1.
15.3 14.4. In addition to the obligation of the Contractor Seller in Clause 15.1 14.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-to:
15.3.1 14.4.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 14.4.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 14.4.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 14.5. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 14.6. The Purchaser shall be obliged to give the ContractorSeller, its Agents agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to FridayClauses 13 and/or 14.
15.6 14.7. Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
14.7.1. Electrical Compliance Certificate
14.7.2. Roof Certificate (A19) (if applicable) 14.7.3. Approved Plan 14.7.4. Occupation Certificate issued by the Local Authority 14.7.5. Plumbing Certificate 14.7.6. Gas Certificate (if applicable) 14.7.7. NHBRC Certificate 14.7.8. Guarantees from third parties (if applicable).
Appears in 5 contracts
Samples: Agreement of Sale, Sale Agreement, Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 9.1. The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 9.2. In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.3. In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.3.1. remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2. at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.4. The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5. The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15Clauses 9. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.6. The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 2 % (Two) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller Principal Agent.
9.7. If any dispute or difference shall arise between the Employer or the Bank (being the bondholder over the Property), if applicable, on its behalf, and the Contractor, during the construction of the Works and before the Completion Date or after the termination of the employment of the Contractor under this Agreement, abandonment or breach of this Agreement, as to the Purchaser on construction of the Transfer Date:Works, or as to any other matter or this arising thereunder, or as to the withholding by the Bank of any draw to which the Contractor claim to be entitled, that cannot be resolved by the QS, then an architect, civil engineer, quantity surveyor or any other professional person involved in the building industry appointed by the Bank (“the Arbitrator”) shall determine such dispute or difference by written decision given to the Contractor.
Appears in 4 contracts
Samples: Building Agreement, Building Agreement, Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 9.1. The Contractor shall, as provided for in the CPA, shall remedy any material patent defect within 90 (ninety) days and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 5 (Sixfive years) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 9.2. In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.3. In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.3.1. remedy any material latent patent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2. at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
Appears in 4 contracts
Samples: Building Agreement, Building Agreement, Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 9.1 The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, as required in terms of the CPA, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 9.2 The Employer agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Hand-Over Inspection, when reporting any material patent and latent defect in the Works during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by agreement between the Contractor and the Employer.
9.3 If the Contractor must remedy any patent and latent defect as referred to in Clause 9.1 above, the material used and/or specifications specified in Annexure C known as the Basic Specifications, will only serve as a guideline and the Contractor reserve the right to amend the specification and/or material at its sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in specification or material will be of similar quality, color and appearance.
9.4 In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works, and as such the Dwelling, will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.5 The Contractor is registered as a Home Builder in terms of the Housing Consumers Protection Measures Act, 1998, and as such the Employer will enjoy the benefit of and the protection afforded to him/her by the NHBRC. In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defectsdefects in terms of the CPA, the Contractor shall in terms of the NHBRC requirements be obliged to:-to:
15.3.1 9.5.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days Days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.5.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.5.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.6 The Developer and/or the Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.7 The Purchaser Employer shall be obliged to give the Contractor, its Agents agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 159. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.8 The final extent of the following documentation Works, as indicated on the Building Plan, may vary from the extent indicated on the House Plan (Annexure A). If the difference in the extent is less than 10 % (Ten Percent) than the extent stipulated on the House Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten Percent) less than the extent stipulated on the House Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller Architect or the Principal Agent.
9.9 If any dispute or difference arises between the Employer and/or the Bank (being the bondholder over the Property), and the Contractor, during the construction of the Works and before the Completion Date, or after the termination of the employment of the Contractor under this Agreement, which dispute or difference pertains to the Purchaser on abandonment of the Transfer Date:Works or breach of this Agreement, or as to any other matter arising hereunder, or as to the withholding by the Bank of any draw to which the Contractor claims to be entitled, which dispute or difference cannot be resolved by the Architect or the Principal Agent, then an architect, civil engineer, quantity surveyor or any other professional person involved in the building industry appointed by the Bank (the “Arbitrator”) shall determine such dispute or difference by written decision given to the Contractor.
9.10 Notwithstanding anything to the contrary herein contained, the Developer and/or the Contractor will not be responsible for the repair of any damage or defects which might be caused by vis major, civil unrest or negligence by the Employer.
Appears in 3 contracts
Samples: Building Agreement, Building Agreement, Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 9.1. The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 9.2. In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.3. In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.3.1. remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2. at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.4. The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5. The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15Clauses 9. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.6. The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 10 % (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:Principal Agent.
Appears in 3 contracts
Samples: Building Agreement, Building Agreement, Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 9.1. The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 9.2. In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.3. In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-to: -
15.3.1 9.3.1. remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2. at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.4. The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5. The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15Clauses 9. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.6. The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 10 % (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:Architect.
Appears in 2 contracts
Samples: Building Agreement, Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 The Contractor Developer shall, as provided for in the CPA, remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor Developer thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor Developer has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The ContractorDeveloper, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor Developer in Clause 15.1 to remedy patent and latent defects, the Contractor Developer shall in terms of the NHBRC requirements be obliged to:-to:
15.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor Developer thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor Developer thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, substructure and the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor Developer in writing thereof within the said 5 (Five) year period.
15.4 The Contractor Developer shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the ContractorDeveloper, its Agents agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies The final extent of the following documentation Works may vary from the extent indicated on the marketing floor plan (Annexure B). If the difference in the extent is less than 10% (Ten) than the extent stipulated on the marketing floor plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10% (Ten) less than the extent stipulated on the marketing floor plan, the Purchase Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:Principle Agent.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies The final extent of the following documentation Works may vary from the extent indicated on the marketing floor plan (Annexure B). If the difference in the extent is less than 10% (Ten) than the extent stipulated on the marketing floor plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10% (Ten) less than the extent stipulated on the marketing floor plan, the Total Purchase Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:QS.
Appears in 2 contracts
Samples: Turnkey Agreement of Sale, Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 14.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Seller and the Purchaser.
15.2 14.2 If the Contractor must remedy any patent and latent defect as referred to in Clause 14.1 above, the material used and/or the Basic Specifications and/or Upgrade to Specifications, will only serve as a guideline and the Contractor reserve the right to amend the specification and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in the Basic Specifications, Upgrade to Specifications or material will be of similar quality, colour and appearance.
14.3 In the absence of notice as referred to in Clause 15.1 14.1 above, the Purchaser shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 14.1 of this Agreement.
15.3 14.4 In addition to the obligation of the Contractor in Clause 15.1 14.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 14.4.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 14.4.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 14.4.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 14.5 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 14.6 The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 1514. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 14.7 The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 10 % (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Total Purchase Price will be supplied amended pro rata and finally determined by the Seller to principal agent, being the Purchaser on appointed architect for the Transfer Date:Development.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 9.1 The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months. The Employer agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Works during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Contractor and the Employer.
15.2 9.2 If the Contractor must remedy any patent and latent defect as referred to in Clause 9.1 above, the material used and/or specifications specified in Annexure C known as the Basic Specifications, will only serve as a guideline and the Contractor reserve the right to amend the specification and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in specification or material will be of similar quality, colour and appearance.
9.3 In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.4 In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.4.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.4.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.4.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.5 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.6 The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 159. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.7 The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 10 % (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller Principal Agent.
9.8 If any dispute or difference shall arise between the Employer or the Bank (being the bondholder over the Property), if applicable, on its behalf, and the Contractor, during the construction of the Works and before the Completion Date or after the termination of the employment of the Contractor under this Agreement, abandonment or breach of this Agreement, as to the Purchaser on construction of the Transfer Date:Works, or as to any other matter or this arising thereunder, or as to the withholding by the Bank of any draw to which the Contractor claim to be entitled, that cannot be resolved by the Principal Agent and is not provided for in the JBCC, then an architect, civil engineer, quantity surveyor or any other professional person involved in the building industry appointed by the Bank (“the Arbitrator”) shall determine such dispute or difference by written decision given to the Contractor.
Appears in 2 contracts
Samples: Building Agreement, Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 9.1 The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 90 (SixNinety) months days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 90 (SixNinety) monthsdays. The Employer agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Works during the 90 (Ninety) days retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Contractor and the Employer.
15.2 9.2 If the Contractor must remedy any patent and latent defect as referred to in Clause 9.1 above, the material used and/or specifications specified in Annexure C known as the Basic Specifications, will only serve as a guideline and the Contractor reserve the right to amend the specification and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in specification or material will be of similar quality, colour and appearance.
9.3 In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.4 In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-to: -
15.3.1 9.4.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.4.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.4.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.5 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.6 The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 159. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.7 The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 10 % (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller QS.
9.8 If any dispute or difference shall arise between the Employer or the Bank (being the bondholder over the Property), if applicable, on its behalf, and the Contractor, during the construction of the Works and before the Completion Date or after the termination of the employment of the Contractor under this Agreement, abandonment or breach of this Agreement, as to the Purchaser on construction of the Transfer Date:Works, or as to any other matter or this arising thereunder, or as to the withholding by the Bank of any draw to which the Contractor claim to be entitled, that cannot be resolved by the, then an architect, civil engineer, quantity surveyor or any other professional person involved in the building industry appointed by the Bank (“the Arbitrator”) shall determine such dispute or difference by written decision given to the Contractor.
Appears in 2 contracts
Samples: Building Agreement, Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 9.1 The Contractor shall, as provided for in the CPA, Developer shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor Developer thereof in writing within the said period of 6 (Six) months.
15.2 9.2 In the absence of notice as referred to in Clause 15.1 above9.1above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor Developer has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The ContractorDeveloper, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.3 In addition to the obligation of the Contractor Developer in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor Developer shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor Developer thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor Developer thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor Developer in writing thereof within the said 5 (Five) year period.
15.4 9.4 The Contractor Developer shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5 The Purchaser Employer shall be obliged to give the ContractorDeveloper, its Agents and sub-contractors unobstructed developers all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs Clauses 9.Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.6 The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 10 % (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:Principal Agent.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 The Contractor Property is sold subject to such conditions as may be mentioned or referred to in the Seller's title deed and all other conditions which may exist in regard thereto. The Purchaser acknowledges that he has acquainted himself with the nature, extent and locality of the Property. The Seller shall, as provided for in the CPACPA (and in the event that the CPA finds application to this Agreement), remedy any material patent and latent defect defects in the Property due to faulty workmanship or and/or materials, manifesting itself within 6 (Sixsix) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (six) months (“Defects Notice”). The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months.
15.2 months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Parties. Any dispute between the Seller and the Purchaser as to whether a defect constitutes a material defect shall be referred to the Principal Agent for determination, who shall make such determination as an expert, and whose decision shall be final and binding on the Parties. If the Seller must remedy any material patent and/or latent defect as referred to in this clause 13.3, the provisions of clause 11.3 will apply. In the absence of notice as referred to in Clause 15.1 abovea Defects Notice, the Purchaser shall be deemed to have accepted that the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement and the sale of the Property will become "voetstoots". The ContractorSeller gives no further warranties, whether express or implied, other than those as provided for hereinset out in this Agreement, and shall not be liable for any defects in the Property (whether patent or latent) and/or in respect of anything relating theretoto and/or arising from such defects, whether patent or latent after expiry of the period as referred to in Clause 15.1 clause 13.3. Notwithstanding the provisions of this Agreement.
15.3 clause 13, the Seller shall strictly enforce, for the benefit of the Purchaser, any guarantee and/or warranty which it may have. In addition as far as such guarantee and/or warranty relates to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defectsProperty, the Contractor Seller hereby cedes and assigns all its rights and obligations in terms thereof to the Purchaser and the Purchaser hereby accepts such cession and assignment. The Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 13.6.1 remedy any material latent defect in the Property due to faulty workmanship or and/or materials, manifesting itself within 90 (Ninetyninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninetyninety) Daysdays;
15.3.2 13.6.2 at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelvetwelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelvetwelve) months;
15.3.3 13.6.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Fivefive) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Fivefive) year period.
15.4 . The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or and/or any defects or and/or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 . The Purchaser shall be obliged to give the Seller, the Contractor, its Agents their agents and sub-contractors any subcontractors such unobstructed access as may be reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15clause 12 and clause 13. Repairs will be done during working business hours, Monday to Friday.
15.6 . Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1
9.1. The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 9.2. In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.3. In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.3.1. remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2. at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.4. The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5. The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15Clauses 9. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.6. The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 2 % (Two) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller Principal Agent.
9.7. If any dispute or difference shall arise between the Employer or the Bank (being the bondholder over the Property), if applicable, on its behalf, and the Contractor, during the construction of the Works and before the Completion Date or after the termination of the employment of the Contractor under this Agreement, abandonment or breach of this Agreement, as to the Purchaser on construction of the Transfer Date:Works, or as to any other matter or this arising thereunder, or as to the withholding by the Bank of any draw to which the Contractor claim to be entitled, that cannot be resolved by the QS, then an architect, civil engineer, quantity surveyor or any other professional person involved in the building industry appointed by the Bank (“the Arbitrator”) shall determine such dispute or difference by written decision given to the Contractor.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 9.1 The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months. The Employer agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Works during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Contractor and the Employer.
15.2 9.2 If the Contractor must remedy any patent and latent defect as referred to in Clause 9.1 above, the material used and/or specifications specified in Annexure C known as the Basic Specifications, will only serve as a guideline and the Contractor reserve the right to amend the specification and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in specification or material will be of similar quality, colour and appearance.
9.3 In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.4 In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.4.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.4.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.4.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.5 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.6 The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 159. Repairs will be done during working hours, Monday hours (8:00 to Friday.
15.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:16:30),
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 12.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Seller and the Purchaser.
15.2 12.2. If the Seller must remedy any patent and latent defect as referred to herein above, the material used and/or specifications specified in Annexure D known as the Finishes and Specifications, will only serve as a guideline and the Seller reserve the right to amend the specification and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in specification or material will be of similar quality, colour and appearance.
12.3. In the absence of notice as referred to in Clause 15.1 12.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement12.1.
15.3 12.4. In addition to the obligation of the Contractor in Clause 15.1 Seller to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 12.4.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 12.4.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 12.4.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 12.5. Notwithstanding the provisions of this Clause, the Seller shall strictly enforce, for the benefit of the Purchaser, any guarantee or warranty which it may enjoy. To the extent that such guarantee or warranty relates to the Property, the Seller hereby cedes all its rights in terms thereof to the Purchaser and/or the Body Corporate.
12.6. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 12.7. The Purchaser shall be obliged to give the ContractorSeller, its Agents agents and sub-contractors unobstructed Contractors all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Fridaythe preceding clauses.
15.6 12.8. Copies of the following documentation will be supplied by the Seller to the Purchaser or Body Corporate (as the case may be) on the Transfer Date:
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 12.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months. Any dispute between the Seller and the Purchaser as to whether a defect constitutes a material defect shall be referred to the Architect for determination, who shall make such determination as an expert, and whose decision shall be final and binding on the Parties.
15.2 12.2 In the absence of notice as referred to in Clause 15.1 clause 12.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement and the sale of the Property will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 clause 12.1 of this Agreement.
15.3 12.3 Notwithstanding the provisions of this clause 12, the Seller shall strictly enforce, for the benefit of the Purchaser, any guarantee or warranty which it may have. In addition as far as such guarantee or warranty relates to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defectsProperty, the Seller hereby cedes all its rights in terms thereof to the Purchaser.
12.4 The Contractor shall in terms of the NHBRC requirements be obliged to:-to: -
15.3.1 12.4.1 remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 12.4.2 at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 12.4.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 12.5 The Contractor shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully willfully or by his negligence.
15.5 12.6 The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15clause 12. Repairs will be done during working hours, Monday to Friday.
15.6 12.7 The Purchaser acknowledges that for purposes of registration of transfer, only the Completion Certificate (as defined) is necessary. The existence or not of Snags will have no effect on the registration of transfer of the Property, the Transfer Date or payment to the Seller of the full Purchase Price
12.8 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
12.8.1 a certificate of compliance in respect of the Section in terms of the Electrical Installation Regulations of 2009 under the Occupational Health and Safety Act
12.8.2 a certificate in respect of the plumbing of the Section, signed by an accredited plumber, certifying that the water installation in respect of the Section conforms to the National Building Regulations and the City of Cape Town Water By-law of 2010 as published in Government Gazette No 6847 dated 18 February 2011;
12.8.3 a certificate of conformity for gas installations in the Section in terms of the Pressure Equipment Regulations of 2009 under the Occupational Health and Safety Act (if applicable)
12.8.4 Roof Certificate (A19) (if applicable)
12.8.5 Occupation Certificate issued by the Local Authority 12.8.6 NHBRC Certificate 12.8.7 Guarantees from third parties (if applicable).
12.9 Once provided with the certificates mentioned in clauses 12.8.1, 12.8.2 and 12.8.3, the Purchaser shall have no claim whatsoever against the Seller in respect of the electrical, plumbing and gas installations in the Section.
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS.
15.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
15.6.1 Occupation Certificate issued by the Local Authority;
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1
9.1 The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, as required in terms of the CPA, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 9.2 The Employer agrees to strictly adhere to the correct retention procedures that will be given to him/herat the Hand-Over Inspection, when reporting any material patent and latent defect in the Works during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by agreement between the Contractor and the Employer.
9.3 If the Contractor must remedy any patent and latent defect as referred to in Clause 9.1 above, the material used and/or specifications specified in Annexure C known as the Basic Specifications, will only serve as a guideline and the Contractor reserve the right to amend the specification and/or material at itssole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in specification or material will be of similar quality, color and appearance.
9.4 In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the thatthe Contractor has fully complied with its obligations as set out in this Agreement and theWorks, and as such the Property Dwelling, will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.5 The Contractor is registered as a Home Builder in terms of the Housing Consumers Protection Measures Act, 1998, and as such the Employer will enjoy the benefit of and the protection afforded to him/her by the NHBRC. In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and patentand latent defectsdefects in terms of the CPA, the Contractor shall in terms of the NHBRC requirements be obliged to:-to:
15.3.1 9.5.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days Days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.5.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.5.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year periodyearperiod.
15.4 9.6 The Developer and/or the Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully willfully or by his negligence.
15.5 9.7 The Purchaser Employer shall be obliged to give the Contractor, its Agents agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 159. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.8 The final extent of the following documentation Works, as indicated on the Building Plan, may vary from the extent indicated on the House Plan (Annexure A). If the difference in the extent is less than 10 % (Ten Percent) than the extent stipulated on the House Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten Percent) less than the extent stipulated on the House Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller Architect or the Principal Agent.
9.9 If any dispute or difference arises between the Employer and/or the Bank (being the bondholder over the Property), and the Contractor, during the construction of the Works and before the Completion Date, or after the termination of the employment of the Contractor under this Agreement, which dispute or difference pertains to the Purchaser on abandonment of the Transfer Date:Works or breach of this Agreement, or as to any other matter arising hereunder, or as to the withholding by the Bank of any draw to which the Contractor claims to be entitled, which dispute or difference cannot be resolved by the Architect or the Principal Agent, then an architect, civil engineer, quantity surveyor or any other professional person involved in the building industry appointed by the Bank (the “Arbitrator”) shall determine such dispute or difference by written decision given to the Contractor.
9.10 Notwithstanding anything to the contrary herein contained, the Developer and/or the Contractor will not be responsible for the repair of any damage or defects which might be caused by vis major, civil unrest or negligence by the Employer.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 14.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Seller and the Purchaser.
15.2 14.2. If the Seller must remedy any patent and latent defect as referred to in Clause 14.1 above, the material used and/or the Basic Specifications and/or the Upgrade to Specifications, will only serve as a guideline and the Seller reserve the right to amend the Basic Specifications, and/or Upgrade to Specifications and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in the Basic Specifications, Upgrade to Specifications or material will be of similar quality, colour and appearance.
14.3. In the absence of notice as referred to in Clause 15.1 14.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid Clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement14.1.
15.3 14.4. In addition to the obligation of the Contractor Seller in Clause 15.1 14.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 14.4.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 14.4.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 14.4.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 14.5. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 14.6. The Purchaser shall be obliged to give the ContractorSeller, its Agents agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to FridayClauses 13 and/or 14.
15.6 14.7. Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
14.7.1. Electrical Compliance Certificate
14.7.2. Roof Certificate (A19) (if applicable) Xxxx Xxxx Xxxxxxxx, Xxxxxxxxx Xxxxx, 7569 PTA: + 00 (0)00 000 0000 CT: +00 ( 0 )00 000 0000 xxxx@xxxxx.xx.xx
14.7.3. Approved Plan
14.7.4. Occupation Certificate issued by the Local Authority
14.7.5. Plumbing Certificate
14.7.6. Gas Certificate (if applicable) 14.7.7. NHBRC Certificate
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 15.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months.
15.2 15.2. In the absence of notice as referred to in Clause 15.1 above15.1above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid Clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement15.1.
15.3 15.3. In addition to the obligation of the Contractor Seller in Clause 15.1 to 12.1to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 15.3.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 15.3.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 15.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 15.4. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 15.5. The Purchaser shall be obliged to give the ContractorSeller, its Agents and sub-contractors unobstructed Contractors all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause Clauses 14 or 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
Appears in 1 contract
Samples: Sale Agreement
DEFECTS AND VOETSTOOTS. 15.1 15.1. The Contractor shall, as provided for in Purchaser shall advise the CPA, remedy Seller of any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 3 (SixThree) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 15.2. In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots"Property
15.3. The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 15.3.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 15.3.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 15.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 15.4. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 15.5. The Purchaser shall be obliged to give the ContractorSeller, its contractor, Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15this clause. Repairs will be done during working hours, Monday to Friday.
15.6 15.6. Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 9.1 The Contractor shall, as provided for in the CPA, Developer shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor Developer thereof in writing within the said period of 6 (Six) months.
15.2 9.2 In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor Developer has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The ContractorDeveloper, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.3 In addition to the obligation of the Contractor Developer in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor Developer shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor Developer thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor Developer thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor Developer in writing thereof within the said 5 (Five) year period.
15.4 9.4 The Contractor Developer shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5 The Purchaser Employer shall be obliged to give the ContractorDeveloper, its Agents and sub-contractors unobstructed developers all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15Clauses 9. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.6 The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 10 % (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:Principal Agent.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 17.1. The Contractor Seller shall, as provided for in the CPA, remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months.
15.2 17.2. In the absence of notice as referred to in Clause 15.1 Clause17.1 above, the Purchaser shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 Clause17.1 of this Agreement.
15.3 17.3. In addition to the obligation of the Contractor Seller in Clause 15.1 Clause17.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-to:
15.3.1 17.3.1. remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 17.3.2. at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 17.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.and
15.4 17.4. The Contractor Seller shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully willfully or by his negligence.
15.5 17.5. The Purchaser shall be obliged to give the ContractorSeller, its Agents agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 1517. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 17.6. The final extent of the following documentation Works may vary from the extent indicated on the marketing floor plan (Annexure D). If the difference in the extent is less than 10% (Ten) than the extent stipulated on the marketing floor plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10% (Ten) less than the extent stipulated on the marketing floor plan, the Total Purchase Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:QS.
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 a. The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of period. The Employer agrees to strictly adhere to the correct reporting and retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent or latent defect in the property during the 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of Day defect period (As per the Property within the first 12 (Twelve) months of the Completion Date, provided NHBRC Requirements). `The Parties agree that the Purchaser notifies reporting and retention procedure will be binding and that no amendments to the procedure will be allowed, except by mutual agreement between the Parties.
b. If the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify must remedy any defect of a patent or latent nature defect as referred to in respect of the substructureClause 8 a. above, the superstructure material used and/or specifications specified in Annexure B to this Agreement, will only serve as a guideline and the roof structure Contractor reserve the right to amend the specification and/or material at his sole discretion if necessitated by availability, discontinuation or any other reason whatsoever. Any deviation in specification or material will be of similar quality and appearance.
c. In the Property for absence of notice as referred to in Clause 8 a. above, the Employer shall be deemed to have accepted the Works in a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies fit and proper condition and be deemed to have acknowledged that the Contractor has full complied with its obligations as set out in writing thereof within the said 5 (Five) year periodthis Agreement.
15.4 d. The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully willfully or by his negligence.
15.5 e. The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-Sub- contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 158.
f. The final extent of the Works may vary from the extent indicated on the Plan. Repairs If the difference in the extent is less than 10% (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10% (Ten) than the extent stipulated on the Plan, the Contract Price will be done during working hours, Monday to Fridayamended pro rata and finally be determined by the Principal Agent.
15.6 Copies g. If a dispute or difference shall arise between the Employer or the Bank (being the bondholder over the Property), if applicable, on its behalf, the Contractor, during the construction of the following documentation will be supplied Works and before the Completion Date or after the termination of the employment of the Contractor under this Agreement, abandonment or breach of this Agreement, as to the construction of the Works, or as to any other matter, or as to the withholding by the Seller Bank of any draw to which the Contractor claim to be entitled, that cannot be resolved by the Principal Agent and is not provided for in this Agreement, then an Architect, Structural Engineer, Quantity Surveyor or any other professional person involved in the building industry appointed by the Bank (“the Arbitrator”) shall determine such dispute or difference by written decision given to the Purchaser on Contractor. This Clause 8 g. does not prejudice the Transfer Date:rights of any party which it may have under law.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 9.1. The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) days.
9.2. In the absence of notice as referred to in Clause 9.1 above, the Employer shall be deemed to have accepted the Works in a fit and proper condition and be deemed to have acknowledged that he Contractor has fully complied with its obligations as set out in this Agreement and the Works will become “voetstoots”. The Contractor, other than as provided for herein, shall not be liable for any defects in the Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 9.1.
9.3. In addition to the obligation of the Contractor in Clause 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
9.3.1. remedy any material latent defect in the Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2. at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.4. The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5. The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15Clauses 9. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.6. The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 10% (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 5% (Five) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:Principal Agent.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 14.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Seller and the Purchaser.
15.2 14.2. If the Seller must remedy any patent and latent defect as referred to in Clause 14.1 above, the material used and/or specifications specified in Annexure B known as the Finishes and Specifications, will only serve as a guideline and the Seller reserve the right to amend the specification and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in specification or material will be of similar quality, colour and appearance.
14.3. In the absence of notice as referred to in Clause 15.1 14.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid Clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement14.1.
15.3 14.4. In addition to the obligation of the Contractor Seller in Clause 15.1 14.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 14.4.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 14.4.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 14.4.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 14.5. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 14.6. The Purchaser shall be obliged to give the ContractorSeller, its Agents and sub-contractors unobstructed Contractors all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to FridayClauses 13 and/or 14.
15.6 14.7. Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
14.7.1. Electrical Compliance Certificate
14.7.2. Roof Certificate (A19) (if applicable) 14.7.3. Approved Plan 14.7.4. Occupation Certificate issued by the Local Authority 14.7.5. Plumbing Certificate 14.7.6. Gas Certificate (if applicable) 14.7.7. NHBRC Certificate 14.7.8. Guarantees from third parties (if applicable).
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 12.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months.
15.2 12.2. In the absence of notice as referred to in Clause 15.1 12.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid Clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement12.1.
15.3 12.3. In addition to the obligation of the Contractor Seller in Clause 15.1 12.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 12.3.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 12.3.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 12.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 2 (FiveTwo) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 2 (FiveTwo) year period.
15.4 12.4. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 11.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Seller and the Purchaser.
15.2 11.2. In the absence of notice as referred to in Clause 15.1 11.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid Clause and the purchase of the Property will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 11.3. In addition to the obligation of the Contractor Seller in Clause 15.1 11.1 to remedy patent and latent defects, the Contractor Seller shall in terms of provide the Purchaser with the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year periodGuarantee.
15.4 11.4. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence. Normal wear and tear being the normal wear and tear ascribed to improvements to fixed property in general, including but not limited to touch-up paint of any nature, hairline cracks in the plaster work, any shrinkage/movement and expansion cracks between different components or materials used or cracking which might appear in control movement joints, any mould growth caused by a lack of ventilation and/or condensation, any doors and windows slamming in windy conditions or any damages caused thereby, wind and rain entering through open windows and doors and hot water cylinders which is covered by the guarantee issued by the supplier thereof.
15.5 11.5. The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:: Electrical Compliance Certificate, Roof Certificate (A19) (if applicable), Occupation Certificate issued by the Local Authority, Plumbing Certificate, Gas Certificate (if applicable), NHBRC Guarantee.
Appears in 1 contract
Samples: Sale Agreement
DEFECTS AND VOETSTOOTS. 15.1 14.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Seller and the Purchaser.
15.2 14.2. If the Seller must remedy any patent and latent defect as referred to in Clause 14.1 above, the material used and/or specifications specified in Annexure B known as the Finishes and Specifications and Annexure G known as the Upgrade to Specifications, will only serve as a guideline and the Seller reserve the right to amend the specification and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in specification or material will be of similar quality, colour and appearance.
14.3. In the absence of notice as referred to in Clause 15.1 14.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid Clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement14.1.
15.3 14.4. In addition to the obligation of the Contractor Seller in Clause 15.1 14.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 14.4.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 14.4.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 14.4.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 14.5. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 14.6. The Purchaser shall be obliged to give the ContractorSeller, its Agents and sub-contractors unobstructed Contractors all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to FridayClauses 13 and/or 14.
15.6 14.7. Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
14.7.1. Electrical Compliance Certificate
14.7.2. Roof Certificate (A19) (if applicable)
14.7.3. Approved Plan
14.7.4. Occupation Certificate issued by the Local Authority
14.7.5. Plumbing Certificate
14.7.6. Gas Certificate (if applicable) 14.7.7. NHBRC Certificate
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 13.1. The Contractor Seller shall, as provided for in the CPA, remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months.
15.2 13.2. In the absence of notice as referred to in Clause 15.1 13.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 13.113.1 of this Agreement.
15.3 13.3. In addition to the obligation of the Contractor Seller in Clause 15.1 13.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-to: -
15.3.1 13.3.1. remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 13.3.2. at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 13.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 13.4. The Contractor Seller shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 13.5. The Purchaser shall be obliged to give the ContractorSeller, its Agents agents and sub-contractors Sellers unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 1513. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 13.6. The Seller will not be required to point out the boundary beacons of the following documentation immovable property and will not be supplied liable for any deficiency in the extent of the immovable property which may be revealed on any survey or re-survey and will not benefit by the Seller to the Purchaser on the Transfer Date:any excess.
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-to: -
15.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies The final extent of the following documentation Works may vary from the extent indicated on the marketing floor plan (Annexure B). If the difference in the extent is less than 10% (Ten) than the extent stipulated on the marketing floor plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10% (Ten) less than the extent stipulated on the marketing floor plan, the Purchase Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:QS.
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 9.1. The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 9.2. In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement9.1.
15.3 9.3. In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.3.1. remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2. at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.4. The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5. The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15Clauses 9. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.6. The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 5% (Five) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 5% (Five) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:QS.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 16.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Sixsix) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Sixsix) months.
15.2 16.2 In the absence of notice as referred to in Clause 15.1 16.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 16.1 of this Agreement.
15.3 16.3 In addition to the obligation of the Contractor in Clause 15.1 16.1 to remedy material patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 16.3.1 remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninetyninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninetyninety) Daysdays;
15.3.2 16.3.2 at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelvetwelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelvetwelve) months;
15.3.3 16.3.3 rectify any defect of a patent or latent nature in respect of the substructuresub- structure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Fivefive) year period.
15.4 16.4 The Contractor shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 16.5 The Purchaser shall be obliged to give the Contractor, its Agents agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15this Clause. Repairs will be done during working hours, Monday to Friday.
15.6 16.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
16.6.1 Occupation Certificate issued by the Local Authority;
16.6.2 NHBRC Certificate;
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies The final extent of the following documentation Works may vary from the extent indicated on the marketing floor plan (Annexure B). If the difference in the extent is less than 10% (Ten) than the extent stipulated on the marketing floor plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10% (Ten) less than the extent stipulated on the marketing floor plan, the Total Purchase Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:Architect.
Appears in 1 contract
Samples: Turnkey Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 9.1 The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 9.2 In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots"Agreement. The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of 9.1. *Employer to initial next to this Agreementclause to show his/her acknowledgement acceptance thereof.
15.3 9.3 In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.4 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5 The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 159. Repairs will be done during working hours, Monday to Friday.
15.6 Copies 9.6 The final extent of the following documentation Works may vary from the extent indicated on the Plan. If the difference in the extent is less than 10 % (Ten) than the extent stipulated on the Plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10 % (Ten) less than the extent stipulated on the Plan, the Contract Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:QS.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 14.1 The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Seller and the Purchaser.
15.2 14.2 If the Seller must remedy any patent and latent defect as referred to in Clause 14.1 above, the material used and/or specifications specified in Annexure D known as the Finishes and Specifications, will only serve as a guideline and the Seller reserve the right to amend the specification and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in specification or material will be of similar quality, colour and appearance.
14.3 In the absence of notice as referred to in Clause 15.1 14.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement14.1.
15.3 14.4 In addition to the obligation of the Contractor Seller in Clause 15.1 14.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 14.4.1 remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 14.1.1. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 14.1.2. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 14.5 The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 14.6 The Purchaser shall be obliged to give the ContractorSeller, its Agents agents and sub-contractors unobstructed Contractors all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to FridayClauses 13 and/or 14.
15.6 14.7 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 9.1 The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 3 (SixThree) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 3 (SixThree) months.
15.2 9.2 In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots"Agreement. The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.9.1
15.3 9.3 In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 9.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.4 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5 The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 159. Repairs will be done during working hours, Monday to Friday.
15.6 Copies of the following documentation 9.6 Any dispute relating to defects will be supplied adjudicated by the Seller Quantity Surveyor appointed to the Purchaser Development. The Quantity Surveyor’s ruling will be final and binding on the Transfer Date:parties.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and INITIAL the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies The final extent of the following documentation Works may vary from the extent indicated on the marketing floor plan (Annexure B). If the difference in the extent is less than 10% (Ten) than the extent stipulated on the marketing floor plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10% (Ten) less than the extent stipulated on the marketing floor plan, the Total Purchase Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:QS.
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 14.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by mutual agreement between the Seller and the Purchaser.
15.2 14.2. If the Seller must remedy any patent and latent defect as referred to in Clause 14.1 above, the material used and/or the Basic Specifications and/or the Upgrade to Specifications, will only serve as a guideline and the Seller reserve the right to amend the Basic Specifications, and/or Upgrade to Specifications and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in the Basic Specifications, Upgrade to Specifications or material will be of similar quality, colour and appearance.
14.3. In the absence of notice as referred to in Clause 15.1 14.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid Clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement14.1.
15.3 14.4. In addition to the obligation of the Contractor Seller in Clause 15.1 14.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 14.4.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 14.4.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 14.4.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 14.5. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 14.6. The Purchaser shall be obliged to give the ContractorSeller, its Agents agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to FridayClauses 13 and/or 14.
15.6 14.7. Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
14.7.1. Electrical Compliance Certificate
14.7.2. Roof Certificate (A19) (if applicable)
14.7.3. Approved Plan
14.7.4. Occupation Certificate issued by the Local Authority
14.7.5. Plumbing Certificate
14.7.6. Gas Certificate (if applicable) 14.7.7. NHBRC Certificate
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 8.2.1. Patent defects – Patent defects to the property are those defects which can be seen with the naked eye or can be established after a reasonable inspection of the property by the purchaser.
8.2.1.1. The Contractor shallpurchaser has a legal obligation to conduct a thorough inspection of the property before making the offer to determine the presence of patent defects to the property. There is an irrefutable presumption that the purchaser is satisfied with the condition of the property with regard to any patent defects (including zoning and building plans) on the property on date of the signature of this agreement. In the event that the purchaser neglects to attend to the necessary inspection, it is presumed that the purchaser is aware of all the patent defects and that he/she purchases the property as provided for such.
8.2.1.2. The purchaser confirms that he/she is aware of all aspects pertaining to invasive species and purchases the property as it stands with all vegetation
8.2.2. Latent (hidden) defects – Seller’s indemnity (Voetstoots): Latent defects to the property are those defects which cannot be seen with the naked eye or after a fair inspection has been made by the xxxxxx.
8.2.2.1. The property is offered and sold in the CPAcondition that it stands (voetstoots), remedy any material patent subject to all the terms, conditions and latent defect servitudes in the Property due to faulty workmanship current or materials, manifesting itself within 6 (Six) months previous relevant title deeds of the Completion Dateproperty, provided that which title deeds are available for public inspection at the relevant Deeds Office, and furthermore subject to all other and / or new conditions and servitudes which may apply to the property and / or limitations in the township establishment conditions applicable to the property, in the current conditions and extent as it currently stands, exempted from normal wear and tear from date of this agreement to date of transfer.
8.2.2.2. The Purchaser shall have no claims whatsoever against the Seller for any latent defects, unless the Seller implicitly had prior knowledge thereof and restrained from advising the Purchaser notifies prior to signing this agreement. The Seller shall provide the Contractor thereof in writing Purchaser with a detailed list of all defects and / or damage to the property, to the best of his knowledge before date of signing this agreement and shall disclose such to the Purchaser as per annexure “F” hereto.
8.2.2.3. The purchaser is entitled to appoint an expert and/or person with technical skills and knowledge to detect defects, regulatory measures and non-compliance aspects concerning the property at his/her own cost. The Purchasers shall indicate below whether such inspection shall be conducted, by whom and within the said period time frame stipulated. • Conduct Independent Inspection: YES // NO • Inspection no later than: In the event that an inspection is requested by the Purchasers, the Seller shall have no obligation to rectify any of 6 (Six) monthsthe findings in such a report inclusive to the agreed upon purchase price unless such actions and/or repairs have been specifically defined, costed and agreed to amongst all parties in writing.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots"8.2.2.4. The Contractor, other than as provided agent/agency does not have any duty to inspect the property or any regulatory measures for herein, and on behalf of the purchaser and shall not be liable in any way for any latent or patent defects to the property and shall not be liable for any defects damage the purchaser may suffer as a result of such deficiency unless the Agent had prior knowledge thereof and failed to disclose such.
8.2.2.5. The seller must ensure that the property, garden and the pool (if applicable) is maintained in the Property same condition from date of signature until date of occupation. In the event that the pool and garden is not handed over in a similar or better condition than on date of the inspection to the premises ( unless expressly agreed upon otherwise), the Purchasers may request for such to be rectified at the expense of the Seller/s and in respect lieu of anything relating response thereto, whether patent action such repairs or latent after expiry of maintenance and take necessary steps to recover same from the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:Seller/s.
Appears in 1 contract
DEFECTS AND VOETSTOOTS. 15.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property Works will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-to: -
15.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 The Purchaser shall be obliged to give the Contractor, its Agents agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to Friday.
15.6 Copies The final extent of the following documentation Works may vary from the extent indicated on the marketing floor plan (Annexure B). If the difference in the extent is less than 10% (Ten) than the extent stipulated on the marketing floor plan, the Parties will have no recourse against each other. If the difference in the extent is more than 10% (Ten) less than the extent stipulated on the marketing floor plan, the Total Purchase Price will be supplied amended pro rata and finally determined by the Seller to the Purchaser on the Transfer Date:QS.
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 9.1 The Contractor shall, as provided for in the CPA, shall remedy any material patent and latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 6 3 (SixThree) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 6 3 (SixThree) months.
15.2 9.2 In the absence of notice as referred to in Clause 15.1 9.1 above, the Purchaser Employer shall be deemed to have accepted the Property Works in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots"Agreement. The Contractor, other than as provided for herein, shall not be liable for any defects in the Property Works or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.9.1
15.3 9.3 In addition to the obligation of the Contractor in Clause 15.1 9.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-to: -
15.3.1 9.3.1 remedy any material latent defect in the Property Works due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 9.3.2 at its own expense repair any roof leaks that occur in respect of the Property Works within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser Employer notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 9.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property Works for a period of 5 (Five) years of the Completion Date, provided the Purchaser Employer notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 9.4 The Contractor shall not be liable for any defects in the Property Works in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the PurchaserEmployer, whether wilfully or by his negligence.
15.5 9.5 The Purchaser Employer shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 159. Repairs will be done during working hours, Monday to Friday.
15.6 Copies of the following documentation 9.6 Any dispute relating to defects will be supplied adjudicated by the Seller Quantity Surveyor appointed to the Purchaser Development. The Quantity Surveyor’s ruling will be final and binding on the Transfer Date:parties.
Appears in 1 contract
Samples: Building Agreement
DEFECTS AND VOETSTOOTS. 15.1 14.1. The Contractor shall, as provided for in the CPA, Seller shall remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Transfer Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 6 (Six) months. The Purchaser agrees to strictly adhere to the correct retention procedures that will be given to him/her at the Handover Inspection, when reporting any material patent and latent defect in the Property during the 6 (Six) months retention period. The Parties agree that the retention procedure will be binding and that no amendments to the retention procedures will be allowed, except by agreement between the Seller and the Purchaser.
15.2 14.2. If the Seller must remedy any patent and latent defect as referred to in Clause 14.1 above, the material used and/or the Basic Specifications and/or the Upgrade to Specifications, will only serve as a guideline and the Seller reserve the right to amend the Basic Specifications, and/or Upgrade to Specifications and/or material at his sole discretion if necessitated by availability, discontinuations or for any other reason. Any deviation in the Basic Specifications, Upgrade to Specifications or material will be of similar quality, color and appearance.
14.3. In the absence of notice as referred to in Clause 15.1 14.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement the aforesaid Clause and the purchase of the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement14.1.
15.3 14.4. In addition to the obligation of the Contractor Seller in Clause 15.1 14.1 to remedy patent and latent defects, the Contractor Seller shall in terms of the NHBRC requirements be obliged to:-to:
15.3.1 14.4.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Daysdays;
15.3.2 14.4.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Occupation Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 14.4.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Occupation Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 14.5. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 14.6. The Purchaser shall be obliged to give the ContractorSeller, its Agents agents and sub-contractors unobstructed all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15. Repairs will be done during working hours, Monday to FridayClauses 13 and/or 14.
15.6 14.7. Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
14.7.1. Electrical Compliance Certificate
14.7.2. Roof Certificate (A19) (if applicable)
14.7.3. Approved Plan
14.7.4. Occupation Certificate issued by the Local Authority
14.7.5. Plumbing Certificate
14.7.6. Gas Certificate (if applicable) 14.7.7. NHBRC Certificate
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 The Contractor shall, as provided for in the CPA, remedy any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 (Six) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 In the absence of notice as referred to in Clause 15.1 aboveClause15.1above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots". The Contractor, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as periodas referred to in Clause 15.1 of Clause15.1of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor shall in terms of the NHBRC requirements be obliged to:-
15.3.1 remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 12 (Twelve) months;
15.3.3 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor in writing thereof within the said 5 (Five) year period.
15.4 The Contractor shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 15.4 The Purchaser shall be obliged to give the Contractor, its Agents and sub-contractors unobstructed access unobstructedaccess reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15Clause15. Repairs will be done during working hours, Monday to Friday.
15.6 15.5 Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
15.5.1 Electrical Compliance Certificatefrom the point of supply (as defined in the Regulations) to the point of control (as defined in the Regulations),
15.5.2 Roof Certificate (A19) only in respect of the top floor of the Building,
15.5.3 Occupation Certificate issued by the Local Authority, excluding the internal fit-out of the Unit,
15.5.4 Plumbing Certificatefrom the point of supply to the point of control.
15.6 Copies of the following documentation will be supplied by the Purchaser to the Seller on or before the occupation of the Unit by any person:
15.6.1 Electrical Compliance Certificatefrom the point of control (as defined in the Regulations) onwards, in respect of the inside of the Unit.
15.6.2 Occupation Certificate issued by the Local Authority, in respect of the internal fit-out of the Unit,
15.6.3 Plumbing Certificate from the point of control onwards, in respect of the inside of the Unit.
Appears in 1 contract
Samples: Agreement of Sale
DEFECTS AND VOETSTOOTS. 15.1 15.1. The Contractor shall, as provided for in Purchaser shall advise the CPA, remedy Seller of any material patent and latent defect in the Property due to faulty workmanship or materials, manifesting itself within 6 3 (SixThree) months of the Completion Date, provided that the Purchaser notifies the Contractor thereof in writing within the said period of 6 (Six) months.
15.2 15.2. In the absence of notice as referred to in Clause 15.1 above, the Purchaser shall be deemed to have accepted the Property in a fit and proper condition and be deemed to have acknowledged that the Contractor Seller has fully complied with its obligations as set out in this Agreement and the Property will become "voetstoots". The ContractorSeller, other than as provided for herein, shall not be liable for any defects in the Property or in respect of anything relating thereto, whether patent or latent after expiry of the period as referred to in Clause 15.1 of this Agreement.
15.3 In addition to the obligation of the Contractor in Clause 15.1 to remedy patent and latent defects, the Contractor 15.3. The Seller shall in terms of the NHBRC requirements be obliged to:-
15.3.1 15.3.1. remedy any material latent defect in the Property due to faulty workmanship or materials, manifesting itself within 90 (Ninety) days of the Completion Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 90 (Ninety) Days;
15.3.2 15.3.2. at its own expense repair any roof leaks that occur in respect of the Property within the first 12 (Twelve) months of the Completion Date, provided that the Purchaser notifies the Contractor Seller thereof in writing within the said period of 12 (Twelve) months;
15.3.3 15.3.3. rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Property for a period of 5 (Five) years of the Completion Date, provided the Purchaser notifies the Contractor Seller in writing thereof within the said 5 (Five) year period.
15.4 15.4. The Contractor Seller shall not be liable for any defects in the Property in respect of Normal Wear and Tear or any defects or damages caused by the conduct of the Purchaser, whether wilfully or by his negligence.
15.5 15.5. The Purchaser shall be obliged to give the ContractorSeller, its contractor, Agents and sub-contractors unobstructed access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 15this clause. Repairs will be done during working hours, Monday to Friday.
15.6 15.6. Copies of the following documentation will be supplied by the Seller to the Purchaser on the Transfer Date:
Appears in 1 contract
Samples: Agreement of Sale