DIRECT MARKETING AND COOLING OFF. 23.1 In terms of section 16 of the CPA, if this Agreement has been entered into as a result of direct marketing, meaning that the Purchaser was directly or indirectly approached either in person or by mail or electronic communication by the Seller or the Agent for the purpose of promoting or offering to supply, in the ordinary course of business, the sale of the Property hereby sold, the Purchaser would have been entitled to cancel this Agreement without reason or penalty by written notice within 5 (five) days after the Signature Date, or within 5 (five) business days after delivery of the Property.
23.2 The Seller is therefore not prepared to enter into any agreement with the Purchaser if such agreement would have resulted from such direct marketing. The Purchaser therefore warrants that this transaction is not entered into if such direct marketing conducted by the Seller and the Seller enters into this Agreement relying entirely upon such warranty.
23.3 The Purchaser understands that if, after delivery of the Property, the Purchaser is successful in cancelling this Agreement by relying upon the right of cancellation flowing from the direct marketing provisions of the CPA, the Purchaser shall be liable for damages suffered by the Seller as a result thereof on the basis of the Purchaser’s breach of this warranty.
DIRECT MARKETING AND COOLING OFF. 20.1 In terms of Section 16 of the Consumer Protection Act, if this transaction has resulted from direct marketing, the Purchaser has the right to cancel this agreement without reason or penalty by written notice within 5 [FIVE] business days after the agreement was concluded, or within 5 [FIVE] business days after delivery of the unit. The Consumer Protection Act defines Direct Marketing as follows: to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of—
(a) promoting or offering to supply, in the ordinary course of business, any goods or services to the person; or
(b) requesting the person to make a donation of any kind for any reason;
20.2 The Seller is unable to accept the risk of cancellation without reason within 5 [FIVE] business days of delivery as the success of the development is dependant upon the enforceability of the agreements of sale and the transfer of the units being passed to the Purchasers shortly after delivery.
20.3 The Developer, has or will obtain development finance on the strength of binding pre-sales. Should the transaction be cancelled after delivery, the Developer, will be left to carry the holding costs of the unit, which the Developer will have already built, for an uncertain period into the future, whilst looking for a replacement Purchaser. This has the potential to create substantial losses for the Developer and place the completion of the development in jeopardy for other purchasers.
20.4 The Seller/Developer, is therefore not prepared to enter into this agreement with any purchaser if the transaction has resulted from direct marketing.
20.5 The Purchaser therefore warrants that this transaction has not resulted from direct marketing and the Seller/Developer enters into this transaction relying entirely upon such a warranty.
20.6 If after delivery, the Purchaser is successful in cancelling this agreement by relying upon the right of cancellation flowing from the direct marketing provisions of the Consumer Protection Act, the Purchaser shall be liable for the damages suffered by the Seller/Developer as a result thereof on the basis of the Purchaser’s breach of warranty.
DIRECT MARKETING AND COOLING OFF. 20.1 In terms of section 16 of the Consumer Protection Act, if this transaction has resulted from direct marketing the Purchaser has the right to cancel this agreement without reason or penalty by written notice within 5 (FIVE) business days after the agreement was concluded.
20.2 The Seller is not prepared to enter in to this agreement with any Purchaser if the transaction has resulted from direct marketing. The Purchaser therefore warrants that this transaction has not resulted from direct marketing and the Seller enters into this transaction relying upon such a warranty.
20.3 If the Purchaser is successful in cancelling this Agreement by relying upon the right of cancellation flowing from the direct marketing provisions of the Consumer Protection Act, the Purchaser shall be liable for the damages suffered by the Seller as a result thereof on the basis of the Purchaser’s breach of warranty.
DIRECT MARKETING AND COOLING OFF. 1.1 In terms of Section 16 of the CPA, if this lease agreement was concluded as a result of direct marketing, the Lessee has the right to cancel the agreement without reason or penalty, by written notice, within 5 (five) business days after the agreement has been concluded or after occupation of the property has been taken.
1.2 The Lessee warrants that this lease agreement has not been the result of direct marketing and the Lessor enters into this agreement in reliance of such warranty.
DIRECT MARKETING AND COOLING OFF. 20.1 The Purchase Price of the Property exceeds R250 000.00 (Two Hundred and Fifty Thousand Rand), therefore, Section 29A of the Alienation of Land Act, No. 68 of 1981, as amended, does not apply, to this transaction;
20.2 If this transaction has resulted from direct marketing, the Purchaser has the right, in terms of section 16 of the Consumer Protection Act, Act 68 of 2008, (the CPA), to cancel this Agreement by written notice to the Seller, without reason or penalty - such notice to be given within 5 (five) Business Days, after the Agreement was concluded.
DIRECT MARKETING AND COOLING OFF. 20.1 20.1 In terms of section 16 of the Consumer Protection Act, if this transaction has resulted from direct marketing the Purchaser has the right to cancel this agreement without reason or penalty by written notice within 5 (FIVE) business days after the agreement was concluded.
DIRECT MARKETING AND COOLING OFF. In terms of section 16 of the CPA, if this Agreement has been entered into as a result of direct marketing, meaning that the Purchaser was directly or indirectly approached either in person or by mail or electronic communication by the Seller or the Agent for the purpose of promoting or offering to supply, in the ordinary course of business, the sale of the Property hereby sold, the Purchaser would have been entitled to cancel this Agreement without reason or penalty by written notice within 5 (five) days after the Signature Date, or within 5 (five) business days after delivery of the Property. The Seller is therefore not prepared to enter into any agreement with the Purchaser if such agreement would have resulted from such direct marketing. The Purchaser therefore warrants that this transaction is not entered into if such direct marketing conducted by the Seller and the Seller enters into this Agreement relying entirely upon such warranty. The Purchaser understands that if, after delivery of the Property, the Purchaser is successful in cancelling this Agreement by relying upon the right of cancellation flowing from the direct marketing provisions of the CPA, the Purchaser shall be liable for damages suffered by the Seller as a result thereof on the basis of the Purchaser’s breach of this warranty. The parties warrant that the Agent was the effective cause of the sale and that no other person or estate agent introduced the Purchaser to the Property or to the Seller, and the Seller shall be liable to effect payment of the Agent’s commission as agreed to in this Agreement The parties record that the Agent shall be entitled to part payment of commission in an amount equal to the Reservation Deposit, and the Transferring Attorney is authorised to pay such commission to the Agent, once: d the full Purchase Price is secured by the Purchaser to the satisfaction of the Seller should the Purchaser not require mortgage finance as contemplated in clause 8.1 above; or once the bond registration attorney receives an instruction from the bank or other financial institution who approved the Purchaser’s loan application to attend to the registration of a mortgage bond over the Property or another property registered in the name of the Purchaser as security for the loan, should the Purchaser require mortgage finance as contemplated in clause 8 above and the balance of the Purchase Price (if any) is secured to the satisfaction of the Seller; and after the Purchaser has been...
DIRECT MARKETING AND COOLING OFF. 3.1 Should the CPA be applicable and this agreement have been concluded as a result of direct marketing, the Tenant may cancel this agreement by providing the Landlord written notice to that effect within 5 business days after this agreement has been entered into.
DIRECT MARKETING AND COOLING OFF. 14.1 In terms of section 16 of the Consumer Protection Act, if this transaction has resulted from direct marketing the Purchaser has the right to cancel this agreement without reason or penalty by written notice within 5 business days after the agreement was concluded, or within 5 business days after delivery of the Property.
14.2 The Seller is unable to accept the risk of cancellation without reason within 5 business days of delivery as the success of the development is dependent upon the enforceability of the agreements of sale and the transfer of the properties being passed to the Purchasers.
14.3 This is because the Seller will have obtained development finance on the strength of binding pre-sales. This has the potential to create substantial losses for the Seller and place the development in jeopardy for other Purchasers.
14.4 The Seller is therefore not prepared to enter in to this agreement with any Purchaser if the transaction has resulted from direct marketing.
14.5 The Purchaser therefore warrants that this transaction has not resulted from direct marketing and the Seller enters into this transaction relying upon such a warranty.
14.6 If after delivery, the Purchaser is successful in cancelling this agreement by relying upon the right of cancellation flowing from the direct marketing provisions of the Consumer Protection Act, the Purchaser shall be liable for the damages suffered by the Seller as a result thereof on the basis of the Purchaser’s breach of warranty.
DIRECT MARKETING AND COOLING OFF. 22.1 In terms of Section 16 of the Consumer Protection Act 68 of 2008, if the PURCHASER entered into this Agreement as a result of direct marketing, meaning that the Purchaser was directly or indirectly approached either in person or by mail or electronic communication by the Seller or the Seller’s Agent for the purpose of promoting or offering to supply, in the ordinary course of business, the sale of the Property hereby sold, the Purchaser would have been entitled to cancel this Agreement without reason or penalty by written notice within 5 (five) days after the Signature Date, or within 5 (five) business days after delivery of the Property.
22.2 The Seller is not prepared to enter into this Agreement if the agreement resulted from direct marketing. The PURCHASER therefore warrants that this AGREEMENT is not entered into because of direct marketing.
22.3 The PURCHASER understands that if, after delivery of the Property, the Purchaser is successful in cancelling this Agreement by relying upon the right of cancellation flowing from the direct marketing provisions of the CPA, the Purchaser shall be liable for damages suffered by the Seller as a result thereof on the basis of the Purchaser’s breach of this warranty.
