Common use of Defects Clause in Contracts

Defects. 9.1 The Purchaser shall inspect the Property prior to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) of the CPA which defects or failure the Developer shall remedy prior to the Occupation Date to ensure that on the Occupation Date, the Property shall be free from any “defect” or “failure” according to the Developer’s determination, and as contemplated in Section 53(1) of the CPA. 9.2 The Purchaser shall, within 30 (Thirty) days of the Date of Occupation, deliver to the Developer a list, signed by himself, enumerating any defects in the Section where same are due to defective materials or workmanship, and the Developer shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the Architect, acting as an expert and not an arbitrator, and whose decision shall be final and binding on the parties, the Purchaser shall have no further claim against the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirty) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 9.3 The Developer shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List, Once the Defects have been remedied, the Architect or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such Defects. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser notifies the Developer in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, for a period of 5 years, the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”). 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject to any law, the Developer’s obligation in terms of this paragraph 9, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising;

Defects. 9.1 8.1 The Purchaser shall inspect compile and furnish the Seller with the Initial List within 14 (fourteen) days after Hand-over Date. The Purchaser shall not later than 45 (forty five) days after the Date of Possession, deliver the Final List to the Seller. 8.2 The Seller shall attend to the items listed in the Initial List and the Final List within a reasonable time after receipt of the said lists, but shall not (where the Property prior has been occupied at the time of compilation of either list) be responsible to repair or make good any damage or defect to or in the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) Property, that did not fundamentally exist at Hand-over Date. 8.3 In the event of the CPA which defects or failure the Developer shall remedy prior Purchaser being a person entitled to the Occupation Date to ensure that on the Occupation Date, the Property shall be free from any “defect” or “failure” according to the Developer’s determination, and as contemplated protection in Section 53(1) terms of the CPA: 8.3.1 The Seller shall advise the Purchaser in writing when repairs to items on the Initial List and the Final List have, in the Seller’s opinion, been duly effected. 9.2 8.3.2 The Purchaser shall, shall within 30 a period of 10 (Thirtyten) days Business Days after receipt of the Date of OccupationSeller’s advice referred to in clause 8.3.1, deliver be entitled to dispute any item that has, in the Purchaser’s opinion, not been duly repaired by giving written notice thereof, to the Developer Seller within the said 10 (ten) Business Days period. In the event of the Purchaser failing to 8.4 In the event of the Purchaser being a listperson not entitled to protection in terms of the CPA, signed the Seller shall furnish the Purchaser with a certificate issued by himself, enumerating any defects in the Section where same are due Project Manager that the repairs to defective materials or workmanship, items on the Initial List and the Developer shall procure that such defects are made good as expeditiously as possible Final List have in the circumstancesits opinion been duly effected. Once such defects have been made good to the satisfaction Upon issuance of the Architect, acting as an expert and not an arbitrator, and whose decision shall be final and binding on certificate by the parties, Project Manager the Purchaser shall have no further claim against the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirty) day period, then claims in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 9.3 The Developer shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt respect of the Defects List, Once and/or Material Defects listed in the Defects have been remedied, the Architect or Principal Agent will issue Initial List and the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such DefectsList. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser notifies the Developer in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, for a period of 5 years, the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”). 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject to any law, the Developer’s obligation in terms of this paragraph 9, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising;

Defects. 9.1 The Purchaser 8.1 A defects liability period of 30 (thirty) days shall inspect the Property prior to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) of the CPA which defects or failure the Developer shall remedy prior to the Occupation Date to ensure that commence on the Occupation Date, date that the Property Defects List is agreed upon. The Builder shall be free from any “defect” or “failure” according to rectify the Developer’s determination, and as contemplated defects listed in Section 53(1) of the CPA. 9.2 The Purchaser shall, Defects List within the said 30 (Thirty) days of the Date of Occupation, deliver to the Developer a list, signed by himself, enumerating any defects in the Section where same are due to defective materials or workmanship, and the Developer shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the Architect, acting as an expert and not an arbitrator, and whose decision shall be final and binding on the parties, the Purchaser shall have no further claim against the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirtythirty) day period, then provided that this date may be extended in accordance with clauses 7.5, 7.6 and/or 11.3.3 by the Principal Agent and provided further that eventthe Owner grants the Builder and/or it’s workmen reasonable access to the Works to fulfil its obligations in terms of this clause 8.1, failing which the Owner shall be deemed, subject to the provisions of clause 8.3, to have accepted the Works in the condition in which same was as at the Practical Completion Date. 8.2 Should the Owner and/or the Principal Agent not issue a Defects List within the period prescribed in this Agreement, subject to the provisions of clause 8.3, the Purchaser Works shall be deemed to have inspected the Section and not found any defects thereinbeen completed satisfactorily. 9.3 8.3 The Developer Builder shall cause within a reasonable repairs time repair – 8.3.1 any Latent Defects and defects due to faulty workmanship, faulty material and defective components in the Works which may manifest themselves within 6 (six) months from the Practical Completion Date, provided that the Owner notifies the Builder in writing within the said 6 (six) month period of any such defects and provided further that the Owner grants the Builder and/or it’s workmen reasonable access to the Defects on Works to fulfil its obligations in terms of this clause 8.3.1, failing which the Defects List Owner shall be deemed, subject to be remedied within 90 (Ninety) days after receipt of the defects contained in the Defects List, Once to have accepted the Defects have been remedied, Works in the Architect condition in which same was as at the Practical Completion Date; 8.3.2 any roof leakage that results from defective material or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach workmanship or damage to the Developer Works caused thereby which may manifest itself within a period of 12 (twelve) months from the Practical Completion Date, provided that the Owner notifies the Builder in respect writing within the said 12 (twelve) month period of any such Defects. 9.4 The Purchaser shall allow leakage or damage and provided further that the Developer and all persons authorized or employed by Owner grants the Builder and/or it’s workmen reasonable access to the Property for Works to fulfil its obligations in terms of this clause 8.3.2, failing which the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser Owner shall be deemed to have accepted the Property is free of Defects.Works in the condition in which same was as at the Practical Completion Date; and 9.5 For a period of 8.3.3 any Major Structural Defects which may manifest itself within 5 (five) years from the Final Practical Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser Owner notifies the Developer Builder in writing of such structural defects within the said 5-5 (five) year period. 9.6 From the Final Completion Date, for a period of 5 years, any such Major Structural Defect and provided further that the Developer shall remedy any leaks in Owner grants the roof of Builder and/or it’s workmen reasonable access to the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”). 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject Works to any law, the Developer’s obligation fulfil its obligations in terms of this paragraph 9clause 8.3.3, shall:failing which the Owner shall be deemed to have accepted the Works in the condition in which same was as at the Practical Completion Date. 9.8.1. 8.4 The Builder shall only apply be responsible in respect terms of Defects, and this clause 8 for defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used and shall under no circumstances be responsible for – 8.4.1 damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of or arising from any risk insured against in terms of Homeowner's Insurance Policies normally issued by the South African Insurance companies in respect of residential purposes; and 8.4.2 the Builder shall under no circumstances be liable for any consequential loss or damage howsoever arising. 8.5 Any dispute arising between the Parties with respect to the Builder’s liability to repair a defect or whether a defect has been rectified according to accepted standards in the construction building industry, shall be referred by either Party to the Principal Agent for determination in accordance with clause 9. 8.6 Upon fulfilment of its obligations as contained in clause 8.3.1 and/or in the absence of a notice by the Owner as referred to in clause 8.3.1 above, the Owner shall be deemed to have accepted the Works in a fit and proper condition and be deemed to have acknowledged that the Builder has fully complied with its obligations as set out in clause 8.3.1 and the Principal Agent shall forthwith issue a certificate of Final Completion to the Builder. The achievement of Final Completion shall be conclusive proof as to the sufficiency of the Property completion of the Works in accordance with the provisions of this Agreement, that, subject to the conditions contained in clauses 8.3.2 and 8.3.3 above, all defects have been made good and that the dwelling is fit for the purpose it was intended for. Subject to the conditions contained in clauses 8.3.2 and 8.3.3 above, the Builder shall, after expiry of the period referred to in clause 8.3.1, no other longer be liable for any defects in the Works or roof in respect of anything relating thereto. 8.7 With effect from the date on which both Parties have complied with all their obligations in terms of this Agreement, the Builder agrees to cede to the Owner, as an outright cession and in anticipando, all its rights under the guarantees and/or warranties, as the case maybe, given by the subcontractors and suppliers in relation to the Works or water leaks howsoever arising;any parts thereof. 8.8 On Final Completion, the Builder will furnish the Owner with all such certificates as are legally required at the time of Final Completion in accordance with the National Building Regulations.

Defects. 9.1 10.1. The Purchaser Architects shall inspect the Property prior to the occupation Occupation Date in order to identify any “"defect” " or “"failure” " as defined in Section 53(1) of the CPA which defects or failure the Developer Seller shall remedy prior to the Occupation Date to ensure that on the Occupation Date, the Property shall be free from any “"defect” " or “"failure” " according to the DeveloperSeller’s determination, and as contemplated in Section 53(1) of the CPA. 9.2 10.2. The Purchaser shall, within 30 90 (ThirtyNinety) days of the Date of OccupationOccupation Date, deliver to the Developer Seller a list, signed by himselfthe Purchaser, enumerating any defects in the Section where same are due to defective materials or workmanship, and the Developer Seller shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the ArchitectArchitects, acting as an expert and not an arbitrator, and whose decision shall be final and binding on the partiesParties, the Purchaser shall have no further claim against the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer Seller within the aforesaid 30 90 (ThirtyNinety) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 9.3 10.3. The Developer Seller shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List, . Once the Defects have been remedied, the Architect or Principal Agent Architects will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer Seller in respect of such Defects. 9.4 10.4. The Purchaser shall allow the Developer and all persons authorized authorised or employed by the Seller access to the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse refuses to give such access, despite reasonable notice being given by the DeveloperSeller, then the Purchaser shall be deemed to have accepted that the Property is free of Defects. 9.5 10.5. For a period of 5 years 12 (Twelve) months from the Final Completion Date, the Developer Seller shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser notifies the Developer Seller in writing of such structural latent defects within the said 512-year month period.. In respect of major structural defects, as stipulated in the Housing Consumers Protection Measures Act 95 of 1998 (“HCMPA”), the Purchaser shall be entitled to require the Seller to remedy such major structural defects within a period of 5 (Five) years after the Occupation Date, as defined in the HCMPA; 9.6 10.6. From the Final Completion Date, for a period of 5 years12 (Twelve) months, the Developer Seller shall remedy any leaks in the roof of the Propertybuildings in the Scheme, provided the Purchaser notifies the Developer Seller in writing of such leaks in terms of the national rules and regulations of the National Home Builders Registration Council (“NHBRC”).; 9.7 10.7. Whether a defect is a defect falling within the provisions as described in this agreementof clause 10.5 and/or clause 10.6, and and, if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the ArchitectArchitects, whose certificate in this regard, save in the case of manifest error error, shall be final land and binding on the partiesParties. The project manager/developer Architects shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 10.8. Subject to any law, the Developer’s Seller's obligation in terms of this paragraph 9clause 10, shall: 9.8.110.8.1. only apply in respect of Defects, and defects as described in this agreementterms of clauses 10.1, 10.5 and 10.6 arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising; 10.8.2. not apply in respect of or arising in any way from any alterations to the Property effected at the instance of the Purchaser or the Body Corporate; and

Defects. 9.1 The Purchaser shall inspect 10.1 Subject to Clause 10.3, should any defects in the Property prior Unit, other than those referred to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1Clause 10.2, manifest themselves within 45 (forty five) of the CPA which defects or failure the Developer shall remedy prior to days after the Occupation Date to ensure that on ("the Occupation Dateforty five day period"), the Property Purchaser shall be free from any “defect” or “failure” according to furnish the Developer’s determinationSeller at its domicilium as provided for in Clause‌ 19.1 below, with a written and as contemplated in Section 53(1signed list of such defects ("the defects list") of the CPA. 9.2 The Purchaser shall, within 30 7 (Thirtyseven) days of the Date expiry of Occupationthe forty five day period, deliver failing which the Purchaser shall be deemed to have accepted the Unit in good order and condition. The Seller shall cause reasonable repairs to the Developer a said defects to be effected as soon as reasonably possible after receipt of the defects list. The Seller and all persons authorised or employed by the Seller shall be entitled to access to the Unit for purposes of inspection and effecting the said repairs. After such repairs have been effected, signed by himselfno liability shall attach to the Seller in respect of any defects. 10.2 Subject to Clause 10.3, enumerating should any defects leaks in the roof of the Section where same (if it has a roof) manifest themselves within 12 (twelve) months of the Occupation Date ("the twelve month period"), the Purchaser shall furnish the Seller at its domicilium as provided for in Clause 19.1 below, with a written and signed list of such leaks ("the roof leaks list") within 7 (seven) days of the expiry of the twelve month period, failing which the Purchaser shall be deemed to have accepted the Section in good order and condition. The Seller shall cause all or any reasonable repairs to the said leaks in the roof to be effected as soon as reasonably possible after receipt of the roof leaks list; thereafter no liability shall attach to the Seller in respect of any such leaks.‌ 10.3 The Seller's obligations in terms of Clauses 10.1 and 10.2 shall -‌ 10.3.1 only apply in respect of defects or leaks arising as a result of faulty workmanship and/or materials used in the construction of the Unit and for no other defects or leaks, howsoever arising; 10.3.2 only apply, subject to Clauses 10.1 and 10.2, for so long as the Purchaser is the registered owner of the Unit; 10.3.3 not apply in respect of or arising in any way from any alterations to the Unit effected at the instance of the Purchaser; 10.3.4 not entitle the Purchaser to claim any consequential damages from the Seller. 10.4 A certificate by the Architect stating that any repairs to any defect or leak referred to in Clauses 10.1 and 10.2 are due to defective materials reasonable or workmanshipthat any defect or leak for which the Seller is liable in terms of Clauses 10.1 and 10.2 has been made good, shall be final and binding on the parties and shall relieve the Seller from any further obligations in respect of such defect or leak. In the event of a dispute between the Purchaser and the Developer Seller as to whether or not any defect referred to in Clauses 10.1 and 10.2 arose as a result of faulty workmanship and/or materials, then such dispute shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good be referred to the satisfaction of the Architect, Architect (acting as an expert and not as an arbitrator, and ) whose decision shall be final and binding on the parties, the Purchaser shall have no further claim against the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirty) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 9.3 The Developer shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List, Once the Defects have been remedied, the Architect or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such Defects. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser notifies the Developer in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, for a period of 5 years, the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”). 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject to any law, the Developer’s obligation in terms of this paragraph 9, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising;

Defects. 9.1 7.26.1 The Purchaser Owner shall inspect before the Property date of completion, when requested by the Contractor to do so, attend an inspection of the works and compile a list (hereinafter referred to as the “first list”) signed by both the Contractor and the Owner setting out any items relating to the works requiring repair by the Contractor. The Owner shall upon date of completion but prior to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) of the CPA which defects or failure the Developer shall remedy prior to the Occupation Date to ensure that on the Occupation Date, the Property shall be free from any “defect” or “failure” according to the Developer’s determination, and as contemplated in Section 53(1) of the CPA. 9.2 The Purchaser shall, within 30 (Thirty) days of the Date of Occupation, deliver to the Developer Contractor a list (hereinafter referred to as the “second list”) signed by himself setting out items relating to the works requiring repair by the Contractor constituting latent defects which did not exist at the time when the first list was jointly compiled by the Contractor and Owner or reflecting defects included in the first list but not repaired to its satisfaction. 7.26.2 Upon repair of such items as reasonably require repair in the second list, signed by himselfthe Owner shall sign the contractor’s final Completion Form and shall thereafter be irrevocably deemed to have accepted that the works is in a fit, enumerating any defects in the Section where same are due to defective materials or workmanship, proper and workmanlike and the Developer shall procure owner may then take occupation. 7.26.3 Notwithstanding the above, The Contractor shall, however, be bound to the guarantee periods as determined by the NHBRC and undertakes to repair such guaranteed defects should it become necessary and subject thereto that it falls within the time periods determined by the NHBRC. The Owner agrees that it may not hold the Contractor liable for repair of such defects are made good after expiry of the relevant NHBRC guarantee periods. 7.26.4 Any dispute as expeditiously as possible to whether the said repairs in the circumstances. Once such defects terms of this clause have been made good satisfactorily carried out shall be referred to the satisfaction of the Architect, XXXX who will appoint a suitably qualified representative acting as an expert and not as an arbitrator, arbitrator and whose his decision thereon shall be final and binding on the parties. 7.26.5 Should the Owner fail to submit the second list within the aforesaid period, or fail to sign the Purchaser final Completion Form within 7 (seven) days after receipt, and unless the Owner has placed its reasons for not signing such form on record, it shall be deemed that he has accepted the works in a fit, proper and workmanlike state and condition in all respects and the Contractor shall have no further claim against obligation, other than as provided for in this Agreement, towards the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirty) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 9.3 The Developer shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List, Once the Defects have been remedied, the Architect or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such Defects. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser notifies the Developer in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, for a period of 5 years, the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifies the Developer in writing of such leaks Owner in terms of the national Home Builders Registration Council (“NHBRC”)hereof. 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject to any law, the Developer’s obligation in terms of this paragraph 9, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising;

Defects. 9.1 The Purchaser 8.1 A defects liability period of 30 (thirty) days shall inspect the Property prior to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) of the CPA which defects or failure the Developer shall remedy prior to the Occupation Date to ensure that commence on the Occupation Date, date that the Property Defects List is agreed upon. The Builder shall be free from any “defect” or “failure” according to rectify the Developer’s determination, and as contemplated defects listed in Section 53(1) of the CPA. 9.2 The Purchaser shall, Defects List within the said 30 (Thirty) days of the Date of Occupation, deliver to the Developer a list, signed by himself, enumerating any defects in the Section where same are due to defective materials or workmanship, and the Developer shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the Architect, acting as an expert and not an arbitrator, and whose decision shall be final and binding on the parties, the Purchaser shall have no further claim against the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirtythirty) day period, then provided that this date may be extended in accordance with clauses 7.5, 7.6 and/or 11.3.3 by the Principal Agent and provided further that eventthe Owner grants the Builder and/or it’s workmen reasonable access to the Works to fulfil its obligations in terms of this clause 8.1, failing which the Owner shall be deemed, subject to the provisions of clause 8.4, to have accepted the Works in the condition in which same was as at the Practical Completion Date. 8.2 Should the Owner and/or the Principal Agent not issue a Defects List within the period prescribed in this Agreement, subject to the provisions of clause 8.4, the Purchaser Works shall be deemed to have inspected the Section and not found any defects thereinbeen completed satisfactorily. 9.3 The Developer shall cause reasonable repairs to 8.3 Upon receipt of the Defects on Principal Agent’s certificate confirming either that the defects listed in the Defects List have been repaired in terms of clause 8.1 or that the Owner and/or the Principal Agent did not issue a Defects List as provided for in clause 8.2, Xxxxxx Xxxxxx Inc shall furnish such certificate to be remedied the Owner via email. Unless the Owner instructs Xxxxxx Xxxxxx Inc to the contrary in terms of the provisions of this Agreement in respect of the certificate within 90 5 (Ninetyfive) days after receipt of Xxxxxx Xxxxxx Inc’s email to the Owner aforesaid, Xxxxxx Xxxxxx Inc are further hereby irrevocably authorised and instructed by the Owner to pay to the Builder the Retention Sum. 8.4 The Builder shall within a reasonable time repair – 8.4.1 any Latent Defects and defects due to faulty workmanship, faulty material and defective components in the Works which may manifest themselves within 6 (six) months from the Practical Completion Date, provided that the Owner notifies the Builder in writing within the said 6 (six) month period of any such defects and provided further that the Owner grants the Builder and/or it’s workmen reasonable access to the Works to fulfil its obligations in terms of this clause 8.4.1, failing which the Owner shall be deemed, subject to the defects contained in the Defects List, Once to have accepted the Defects have been remedied, Works in the Architect condition in which same was as at the Practical Completion Date; 8.4.2 any roof leakage that results from defective material or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach workmanship or damage to the Developer Works caused thereby which may manifest itself within a period of 12 (twelve) months from the Practical Completion Date, provided that the Owner notifies the Builder in respect writing within the said 12 (twelve) month period of any such Defects. 9.4 The Purchaser shall allow leakage or damage and provided further that the Developer and all persons authorized or employed by Owner grants the Builder and/or it’s workmen reasonable access to the Property for Works to fulfil its obligations in terms of this clause 8.4.2, failing which the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser Owner shall be deemed to have accepted the Property is free of Defects.Works in the condition in which same was as at the Practical Completion Date; and 9.5 For a period of 8.4.3 any Major Structural Defects which may manifest itself within 5 (five) years from the Final Practical Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser Owner notifies the Developer Builder in writing of such structural defects within the said 5-5 (five) year period. 9.6 From the Final Completion Date, for a period of 5 years, any such Major Structural Defect and provided further that the Developer shall remedy any leaks in Owner grants the roof of Builder and/or it’s workmen reasonable access to the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”). 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject Works to any law, the Developer’s obligation fulfil its obligations in terms of this paragraph 9clause 8.4.3, shall:failing which the Owner shall be deemed to have accepted the Works in the condition in which same was as at the Practical Completion Date. 9.8.1. 8.5 The Builder shall only apply be responsible in respect terms of Defects, and this clause 8 for defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used and shall under no circumstances be responsible for – 8.5.1 damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of or arising from any risk insured against in terms of Homeowner's Insurance Policies normally issued by the construction South African Insurance companies in respect of residential purposes; and 8.5.2 the Property and Builder shall under no circumstances be liable for no other defects any consequential loss or roof or water leaks damage howsoever arising;.

Defects. 9.1 The Purchaser 10.1 Notwithstanding the issue of the Statement of Practical Completion and without prejudice to the remaining provisions of this clause 10, the Landlord shall inspect remain liable to the Property Tenant to make good any defects, shrinkages and other faults due to materials or workmanship not being in accordance with the Building Contract or frost occurring before Practical Completion (including any necessary re-plastering and/or redecoration) and in either case accepted by the Employer’s Agent as such and in either case occurring before the Practical Completion Date and any such defects as are subsequently in existence and of which the Tenant shall have given written notice to the Landlord prior to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) expiration of the CPA defects liability period under the Building Contract 10.2 The Landlord shall procure that the Employer’s Agent prepares a schedule (in conjunction with the Tenant) listing any defects shrinkages or other faults appearing in the Landlord’s Works or any part thereof (which the Landlord shall procure shall incorporate (to the extent not by then remedied or rectified) any defects or failure shrinkages and other faults properly notified by the Developer Tenant to the Landlord pursuant to clause 10.1 to the extent the Employer’s Agent reasonably considers it appropriate to include the same) and supplies a copy thereof to the Tenant not later than fifteen Working Days before the expiry of the defects liability period under the Building Contract 10.3 Within five Working Days of receiving the schedule of defects referred to in clause 10.1 the Tenant shall remedy notify the Employer’s Agent of any additional items which the Tenant considers should be included in the schedule of defects and the Landlord shall procure that the Employer’s Agent incorporates such additional items into the schedule of defects where in the Employer’s Agent's professional judgement it is appropriate for him to do so 10.4 The Landlord shall procure that the Employer’s Agent gives the Tenant not less than five Working Days prior written notice of the proposed date and time on which the Employer’s Agent intends to make its final inspection of the Landlord’s Works prior to the Occupation Date to ensure that on issue of the Occupation Date, schedule and certificate of making good defects in respect of the Property relevant works and the Tenant and the Tenant’s nominated representative shall be free from any “defect” or “failure” according entitled to be present at such inspection and to make representations to the DeveloperEmployer’s determination, and as contemplated in Section 53(1) of the CPA. 9.2 The Purchaser shall, within 30 (Thirty) days of the Date of Occupation, deliver to the Developer a list, signed by himself, enumerating any defects in the Section where same are due to defective materials or workmanship, Agent and the Developer Landlord shall procure that the Employer’s Agent shall consider and have due and proper regard to (but shall not be bound by) such representations 10.5 The Landlord shall procure that the Employer’s Agent in any event serves the schedule of defects on the Building Contractor within the time limit specified in the Building Contract 10.6 The Landlord shall (subject to the Tenant allowing the Building Contractor sufficient access for the purpose) procure the making good promptly and in accordance with a programme agreed with the Tenant at no cost to the Tenant of any defects set out in the schedule of defects referred to in clause 10.1 and any additional defects which are notified by the Tenant and accepted by the Employer’s Agent in accordance with clause 10.2 and such works shall be carried out in a good and workmanlike manner using good quality materials effectively to remedy such defects are made good as expeditiously as possible and in the circumstances. Once such defects have been made good accordance with all relevant statutory requirements and British Standards and Codes of Practice and to the satisfaction of the Architect, acting as an expert and not an arbitrator, and whose decision Employer’s Agent 10.7 The Tenant shall be final and binding on the parties, the Purchaser shall have no further claim against the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list give reasonable access to the Developer within Landlord and the aforesaid 30 (Thirty) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 9.3 The Developer shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List, Once the Defects have been remedied, the Architect or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such Defects. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite Building Contractor upon prior reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser notifies the Developer in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, for a period of 5 years, the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”). 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error an emergency where no such notice shall be final land binding on required) for the parties. The project manager/developer purpose of making good such defects and the Landlord shall procure that the person or persons making good all such defects shall procure that as little disturbance or interference as reasonably practicable shall be caused to the Tenant and shall act in a reasonable manner and make good as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject soon as practicable to any law, the Developer’s obligation in terms reasonable satisfaction of this paragraph 9, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising the Tenant all damage occasioned to the Premises as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising;their actions

Defects. 9.1 15.1 The Purchaser shall inspect the Property prior or his representative duly appointed in writing by him and communicated to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) of the CPA which defects or failure the Developer Seller shall remedy prior to the Occupation Date to ensure that on the Occupation Date, the Property shall be free from any “defect” or “failure” according to the Developer’s determination, and as contemplated in Section 53(1) of the CPA. 9.2 The Purchaser shall, within 30 21 (Thirtytwenty one) days after the occupation date notify the Seller in writing by way of the Date a snaglist of Occupation, deliver to the Developer a list, signed by himself, enumerating all or any defects in the Section where same are due to defective materials or workmanshipUnit, and the Developer shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the Architect, acting as an expert and not an arbitrator, and whose decision shall be final and binding on the parties, failing which the Purchaser shall have no further claim against the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirty) day period, then in that event, the Purchaser or his duly appointed representative shall be deemed to have inspected accepted the Section Unit in good order and not found any condition. Only ONE snaglist shall be considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects thereinand the Seller undertakes to rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the occupation date and which is the result of defective materials and/or workmanship. 9.3 15.2 The Developer Seller shall cause within a reasonable repairs to time remedy any material roof structure defects which may manifest themselves within 3 (three) years after the Defects on the Defects List to be remedied within 90 occupation date or registration date (Ninetywhichever occurs first) days after receipt of the Defects List, Once the Defects have been remedied, the Architect or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such Defects. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If provided that the Purchaser fails or refuse to give has complied with his maintenance obligations and notifies the Seller in writing within the said period of 3 (three) years of any such accessdefects, despite reasonable notice being given by the Developerfailing which, then the Purchaser shall be deemed to have accepted the Property Section in the condition in which the same is free from the occupation date or date of Defectsregistration whichever is the earlier. 9.5 For 15.3 The Seller shall within a period of 5 years from the Final Completion Date, the Developer shall expeditiously reasonable time remedy any major latent and/or material structural defects which appear in the Property, Section which may manifest themselves within 5 (five) years after the occupation date or registration date (whichever occurs first) provided that the Purchaser notifies the Developer Seller in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, for a period of 5 years(five) years of any such defects, failing which, the Developer Purchaser shall remedy any leaks be deemed to have accepted the Section in the roof condition in which the same is from the occupation date or date of registration whichever is the earlier. 15.4 Save as specifically set out in this Contract, the Seller has made no representations, and given no warranties in respect of the PropertyUnit or the buildings or in respect of anything relating thereto. 15.5 This sale is subject to the conditions, provided reservations and servitudes contained in the title deeds of the Property as well as such conditions of sectional title as are or which may be imposed by the Seller. 15.6 More particularly the Purchaser notifies shall have no claim against the Developer in writing Seller for any discrepancies between the boundaries and areas of such leaks the proposed Section and use area/s on the final and completed Section and use area/s. The extent of the Section and any use area/s will not differ by more than 10 % of the area indicated on the Unit plan. 15.7 The Seller may at its sole discretion make all reasonable alterations or amendments of whatsoever nature to the site development plan and building plans or alterations which are deemed necessary by the land surveyor, Architect or the local authority, without prior notice to the Purchaser. The Purchaser shall have no claim against the Seller arising out of reasonable alterations or amendments to the finishes, the drawings or variations or alterations to the plans. 15.8 The Seller shall only be responsible in terms of clauses 15.1 to 15.3 above for defects caused by faulty materials and/or workmanship and the national Home Builders Registration Council (“NHBRC”)Seller shall under no circumstances be liable for any consequential loss or damage. 9.7 Whether a defect 15.9 Any undertakings hereby given to the Purchaser are personal to the Purchaser and cannot be alienated or disposed of by the Purchaser in any way. 15.10 The Seller records that he is a defect falling within aware that the provisions as described statutory warranties contained in this agreement, the National Housing Consumer Protection Measures Act and if it is such a defect, whether the defect Consumer Protection Act cannot be contracted out. The Purchaser records that he has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case advised of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaidsuch warranties. 9.8 Subject to any law, the Developer’s obligation in terms of this paragraph 9, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising;

Defects. 9.1 The Purchaser shall inspect In the Property prior event that the Commitment or the Survey or Known ------- Exceptions evidence title defects or exceptions unacceptable to Buyer (other than the occupation Date standard printed exceptions appearing in order the Commitment to identify any “defect” be removed at Closing or “failure” as defined in Section 53(1) those which do not materially affect the use of the CPA which defects or failure the Developer shall remedy prior to the Occupation Date to ensure that on the Occupation Date, the Property shall be free from any “defect” or “failure” according to the Developer’s determination, and Land as contemplated in Section 53(1) under this Agreement), Buyer shall give SJH Partnership written notice of the CPA. 9.2 The Purchaser shall, such fact within 30 fifteen (Thirty15) days of receipt by Buyer of the Date later of Occupation, deliver the Commitment or Survey. In the event that the Title Company first raises a title defect or exception unacceptable to Buyer subsequent to the Developer a listdate of the Commitment, signed by himselfBuyer shall give SJH Partnership written notice of such fact within five (5) days after Buyer first becomes aware of same. If Buyer does not provide timely notice of such exceptions to SJH Partnership, enumerating any defects all exceptions as identified in the Section where same are due to defective materials Commitment, the Survey or workmanshipthe Known Exceptions, shall be deemed approved by Buyer and the Developer Closing shall procure that proceed without diminution in the Purchase Price. Any such exceptions approved or deemed approved by Buyer are herein referred to as "Permitted Exceptions." If Buyer provides timely notice of any defects, SJH Partnership shall be obligated to cure such defects which are made good as expeditiously as possible delinquent tax liens or consensual liens of SJH Partnership or which can be cured by the payment of money (specifically excluding the Known Exceptions), in the circumstances. Once which case SJH Partnership shall have a period of sixty (60) days to eliminate any such defects have been made good to the satisfaction of the Architectdefects, acting as an expert and not an arbitrator, and whose decision shall be final and binding on the parties, the Purchaser provided SJH Partnership shall have no further claim against obligation to expend in excess of Fifty Thousand Dollars ($50,000.00) or to institute litigation to remedy defects, other than consensual liens or delinquent tax liens of SJH Partnership and the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirty) day period, then in that event, the Purchaser Closing Date shall be deemed extended for a like number of days. In the event SJH Partnership is not required to eliminate such defects, as set forth herein, SJH Partnership shall provide written notice to Buyer within five (5) days of notice of such defects from Buyer that it does not intend to effect such cure and Buyer shall have inspected the Section right to (i) terminate this Agreement by written notice delivered to SJH Partnership within five (5) days from notice from SJH Partnership and not found Buyer shall receive a refund of the Deposit and all parties shall be relieved of any obligations set forth herein, or (ii) waive any such defects therein. 9.3 The Developer shall cause reasonable repairs and agree to accept the Defects condition of title as set forth in the Commitment and on the Defects List Survey and proceed to be remedied within 90 (Ninety) days after receipt of the Defects List, Once the Defects have been remedied, the Architect or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such Defects. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear Closing without diminution in the Property, provided that the Purchaser notifies the Developer in writing of such structural defects within the said 5-year periodPurchase Price. 9.6 From the Final Completion Date, for a period of 5 years, the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”). 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject to any law, the Developer’s obligation in terms of this paragraph 9, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising;

Defects. 9.1 The If the Title Commitment (or any revision or update thereof) or Survey (or any replacement, revision or update thereof obtained by Purchaser shall inspect the Property prior to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) expiration of the CPA Investigation Period) discloses exceptions to title which defects or failure the Developer are objectionable to Purchaser (a “Defect”), Purchaser shall remedy so notify Seller prior to the Occupation Date to ensure that on the Occupation Date, the Property shall be free from any “defect” or “failure” according to the Developer’s determination, and as contemplated in Section 53(1) expiration of the CPA. 9.2 The Investigation Period. Seller shall have fifteen (15) calendar days from the date of Seller’s receipt of such Purchaser shall, within 30 (Thirty) days of the Date of Occupation, notice to deliver to the Developer Purchaser written notice specifying which Defect(s) Seller elects to cure and which Defect(s) Seller elects not to cure. Upon receipt of a listnotice from Seller that Seller elects not to cure any Defect, signed by himselfPurchaser shall have five (5) business days to deliver to Seller Purchaser’s written notice of its election to either (i) terminate this Agreement, enumerating any defects in the Section where same are due to defective materials or workmanshipwhich event this Agreement, and the Developer shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction without further action of the Architect, acting as an expert and not an arbitrator, and whose decision shall be final and binding on the parties, the Purchaser shall become null and void and neither party shall have no any further claim against rights or obligations under this Agreement except for those obligations which expressly survive termination of this Agreement, or (ii) consummate the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list Closing and accept title to the Developer within the aforesaid 30 MOB Property subject to all such exceptions to title (Thirty) day period, then in that which event, the all such exceptions to title shall be deemed approved by Purchaser and shall be “Permitted Exceptions”). If Purchaser fails to make either such election with five (5) business days of Seller’s notice, Purchaser shall be deemed to have inspected elected option (ii). For each Defect Seller has elected to cure, Seller shall have such Defect corrected prior to Closing. Notwithstanding the Section and not found any defects therein. 9.3 The Developer foregoing, Seller shall cause reasonable repairs to cure (by causing the Defects on the Defects List same to be remedied within 90 released at or prior to Closing) any Defects relating to (Ninetyi) days after receipt any security instruments securing the Loan, (ii) any liens or other matters created by or through Seller in violation of this Agreement, and (iii) any judgments against Seller affecting the MOB Property; and failure to cure any such Defects shall constitute a default by Seller hereunder, and, notwithstanding any other provision of this Agreement, Purchaser shall have the right to apply all or part of the Purchase Price to payment in full of the Defects List, Once the Defects have been remedied, the Architect or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such Defects. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser notifies the Developer in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, for a period of 5 years, the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”). 9.7 Whether a defect is a defect falling within the provisions as described set forth in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaidsentence. 9.8 Subject to any law, the Developer’s obligation in terms of this paragraph 9, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising;

Defects. 9.1 The Purchaser shall inspect 11.1 Subject to Clause 11.3, should any defects in the Property prior Dwelling, other than those referred to in Clause 11.2, manifest themselves within thirty (30) days after the occupation Handover Date in order to identify any “defect” or “failure” as defined in Section 53(1) of ("the CPA which defects or failure the Developer shall remedy prior to the Occupation Date to ensure that on the Occupation Datethirty day period"), the Property PURCHASER shall be free from any “defect” or “failure” according to furnish the Developer’s determinationSELLER, in the manner provided for in Clause 16 below, with a written and as contemplated in Section 53(1signed list of such defects ("the defects list") of the CPA. 9.2 The Purchaser shall, within 30 seven (Thirty7) days of the Date expiry of Occupationthe thirty day period, deliver failing which the PURCHASER shall be deemed to have accepted the Dwelling in good order and condition. The SELLER shall cause all or any reasonable repairs of the said defects to be effected as soon as reasonably possible after receipt of the defects list; thereafter no liability shall attach to the Developer a listSELLER in respect of any defects. 11.2 Subject to Clause 11.3, signed by himself, enumerating should any defects leaks in the Section where same are due roof of the Dwelling manifest themselves within twelve (12) months of the Handover Date ("the twelve month period"), the PURCHASER shall furnish the SELLER, in the manner provided for in Clause 16 below, with a written and signed list of such leaks ("the roof leaks list") within seven (7) days of the expiry of the twelve month period, failing which the PURCHASER shall be deemed to defective have accepted the Dwelling in good order and condition. The SELLER shall cause all or any reasonable repairs to the said leaks in the roof to be effected as soon as reasonably possible after receipt of the roof leaks list; thereafter no liability shall attach to the SELLER in respect of any such leaks. 11.3 The SELLER's obligations in terms of Clauses 11.1 and 11.2 shall – 11.3.1 only apply in respect of defects or leaks arising as a result of faulty workmanship and/or materials used in the construction of the Dwelling and for no other defects or workmanshipleaks, howsoever arising; 11.3.2 only apply, subject to Clauses 11.1 and 11.2 for so long as the PURCHASER is personally occupying the Property; 11.3.3 not apply in respect of or arising in any way from any alterations to the Property effected at the instance of the PURCHASER other than as provided for in the Agreement; 11.3.4 not entitle the PURCHASER to claim any consequential damages from the SELLER. 11.4 A certificate by the Architect stating that any defect or leak for which the SELLER is liable in terms of Clauses 11.1 and 11.2 has been made good, shall be final and binding on the parties and shall relieve the SELLER from any further obligations in respect of such defect or leak. In the event of a dispute between the PURCHASER and the Developer SELLER as to whether or not any defect referred to in Clauses 11.1 and 11.2 arose as a result of faulty workmanship and/or materials, then such dispute shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good be referred to the satisfaction of the Architect, Architect (acting as an expert and not as an arbitrator, and ) whose decision shall be final and binding on the parties. 11.5 Notwithstanding the provisions of Clauses 11.1 and 11.2, the Purchaser PURCHASER shall have no further claim against the SellerSELLER, save and in particular shall not be entitled to cancel this Agreement, for any non-material discrepancies of whatsoever nature (as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirty) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 9.3 The Developer shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List, Once the Defects have been remedied, which a certificate by the Architect or Principal Agent by the SELLER's land surveyor or engineer, will issue the Final Completion Certificate, which shall be final and binding on the parties parties) between the finally approved building plans and no further liability shall attach Schedule of Finishes relating to the Developer Dwelling and the completed Dwelling. In the event of a material discrepancy, other than as provided for in respect of such Defects. 9.4 The Purchaser Clause 9.4, the SELLER shall allow the Developer and all persons authorized or employed cause same to be remedied within a reasonable time after having been informed thereof in writing by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the PropertyPURCHASER, provided that the Purchaser notifies liability of the Developer in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, SELLER shall only endure for a period of 5 years, sixty (60) days from the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”)Handover Date. 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, 11.6 All warranties and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined undertakings given by the Architect, whose certificate in this regard, save in SELLER to the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject to any law, the Developer’s obligation PURCHASER in terms of this paragraph 9agreement are personal to the PURCHASER who cannot cede, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects assign or roof or water leaks howsoever arising;make over his rights thereto.

Defects. 9.1 6.1 The Purchaser Owner shall inspect 14 (fourteen) days before the Property prior date of completion, and when requested by the Building Contractor, its nominee or subcontractor to do so, attend an inspection of the Works and compile a list (after this referred to as the "FIRST LIST") to be signed by both the Building Contractor or its subcontractor and the Owner setting out any items relating to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) of Works requiring repair by the CPA which defects or failure the Developer shall remedy prior to the Occupation Date to ensure that on the Occupation Date, the Property shall be free from any “defect” or “failure” according to the Developer’s determination, and as contemplated in Section 53(1) of the CPA. 9.2 Building Contractor. The Purchaser Owner shall, within 30 (Thirtythirty) days after the date of the Date of Occupationoccupation, deliver to the Developer Building Contractor or its agent or subcontractor a list, list (in the future referred to as the "SECOND LIST" signed by himselfhimself setting out items relating to the Works requiring repair by the Building Contractor constituting latent defects, enumerating any defects which were not noted or did not exist at the time when the Building Contractor and Owner jointly compiled the First List. 6.2 Upon repair of such items as may require repair, the Owner shall be irrevocably deemed to have accepted that the Works are in the Section where same are due to defective materials or workmanshipa fit, proper, and professional state and condition in all respects and the Developer Building Contractor shall procure that such defects are made good be wholly absolved and discharged from any further obligation towards the Owner in terms hereof. The Owner shall be obliged to furnish the Building Contractor with its completion form. 6.3 Any dispute as expeditiously as possible to whether the said repairs in the circumstances. Once such defects terms of this clause have been made good satisfactorily carried out shall be referred to the satisfaction of the Architect, architect acting as an expert and not as an arbitrator, and whose his decision thereon shall be final and binding on the parties. 6.4 Should the Owner fail to submit the Second List within the period mentioned above, or forget to sign the Purchaser Final Completion form, it shall be deemed that he has accepted the Works in a fit, proper, and professional state and condition in all respects and the Building Contractor shall have no further claim against obligation towards the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirty) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects thereinOwner. 9.3 The Developer shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List, Once the Defects have been remedied, the Architect or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such Defects. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser notifies the Developer in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, for a period of 5 years, the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifies the Developer in writing of such leaks in terms of the national Home Builders Registration Council (“NHBRC”). 9.7 Whether a defect is a defect falling within the provisions as described in this agreement, and if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architect, whose certificate in this regard, save in the case of manifest error shall be final land binding on the parties. The project manager/developer shall act as an expert and not an arbitrator when making his determination aforesaid. 9.8 Subject to any law, the Developer’s obligation in terms of this paragraph 9, shall: 9.8.1. only apply in respect of Defects, and defects as described in this agreement, arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for no other defects or roof or water leaks howsoever arising;