Common use of GUARANTEES AND HANDOVER OF THE WORKS Clause in Contracts

GUARANTEES AND HANDOVER OF THE WORKS. 29.1 The Purchaser or his representative shall be obliged to attend an inspection of the Works together with the Architect or a representative of the Seller at any pre-arranged time (as close as possible to the final completion of the Works) before the Occupation Date, in order to inspect the Works and to be advised of any defects listed by the Architect or the representative of the Seller, which are to be remedied by the Seller in terms of clause 29.3 (the “hand-over inspection”). During the hand-over inspection the Architect or the representative of the Seller may in his sole discretion add further items to the defects list, which will be remedied by the Seller in terms of clause 29.3 of this Agreement. Should the Purchaser or his representative fail to attend the hand- over inspection within a period of 7 (Seven) days after he was invited to attend to an appointment regarding the handover inspection, despite having been duly notified thereof, the Architect or the representative of the Seller shall conduct such inspection and hand- over in the Purchaser's absence. 29.2 The defects list issued by the Architect or the representative of the Seller on the Date of Occupation with such further items, if any, added during the hand-over inspection shall be final and binding between the Parties and the Purchaser shall be obliged to accept the Works with such defects. Subject to clause 28.6, the Purchaser shall be precluded from raising at any later time any defect which is alleged to have been a patent defect on the day of the inspection, but does not appear on such list and shall not have any claim against the Seller arising in respect thereof, nor shall the Purchaser be entitled to allege that any such defect or any of the defects listed by the Architect or the representative of the Seller renders the Works unfit for beneficial occupation. 29.3 In addition to the obligation of the Seller to remedy patent and latent defects, the Seller shall in terms of the NHBRC requirements be obliged to: 29.3.1 at its own expense repair any roof leaks that occur in respect of the Works within the first 12 (Twelve) months of the Occupation Date, provided that the Purchaser notifies the Seller thereof in writing within the said period of 12 (Twelve) months; 29.3.2 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Works for a period of 5 (Five) years of the Occupation Date, provided the Purchaser notifies the Seller in writing thereof within the said 5 (Five) year period; 29.4 Subject to 29.1 and 29.2 above, the Purchaser shall be deemed to have accepted the Works in a fit and proper condition and be deemed to have acknowledged that the Seller has fully complied with its obligations as set out in the aforesaid clause. 29.5 The Purchaser shall be obliged to give the Seller all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 29. 29.6 The Seller personally, or through its servants or agents, shall be entitled at all reasonable times to have access to the Works for the purpose of inspecting it or to carry out any repairs which the Seller may in terms hereof be obliged or entitled to perform whether such repairs relate to the Works or not, and the Purchaser shall have no claim against the Seller for any disturbance in his occupation arising out of the exercise by the Seller of the rights hereby conferred. 29.7 After occupation of the Works by the Purchaser, any repairs will be done during working hours, Monday to Friday. 29.8 The Architect's certificate stating that any defect for which the Seller is liable in terms of clause 29 has been made good shall be final and binding on both Parties and shall relieve the Seller from any obligations in respect of such defect. 29.9 The Sellers' obligations specifically excludes the following repair items: 29.9.1 general maintenance work; 29.9.2 touch–up paint of any nature; 29.9.3 hairline cracks in the plaster work; 29.9.4 any shrinkage/movement and expansion cracks between different components/materials used or cracking which might appear in control movement joints; 29.9.5 any mould growth caused by a lack of ventilation and/or condensation, any doors and windows slamming in windy conditions or any damage caused thereby; 29.9.6 wind and rain entering through the windows and doors and windows left open, and 29.9.7 hot water cylinders which will be covered by the guarantee supplied by the manufacturers thereof. 29.10 The obligations of the Seller provided in this clause 29 and any and all other warranties provided to the Purchaser by the Seller in terms of this Agreement will lapse should the Purchaser after the Occupation Date do or allow to be done building work of any nature whatsoever on the Erf. Should a dispute arise whether building work was indeed done on the Erf the Architect will determine whether any other building work was indeed undertaken. 29.11 The Purchaser and/or his/her Bank shall not be entitled to withhold any payment by reason of the fact that the defects list in 29.1 and 29.2 have not yet been compiled with or that the defects have not yet been repaired. Withholding payment shall be a material breach of this Agreement

GUARANTEES AND HANDOVER OF THE WORKS. 29.1 The Purchaser or his representative shall be obliged to attend an inspection of the Works together with the Architect or a representative of the Seller at any pre-arranged time (as close as possible to the final completion of the Works) before the Occupation Date, in order to inspect the Works and to be advised of any defects listed by the Architect or the representative of the Seller, which are to be remedied by the Seller in terms of clause 29.3 (the “hand-over inspection”). During the hand-over inspection the Architect or the representative of the Seller may in his sole discretion add further items to the defects list, which will be remedied by the Seller in terms of clause 29.3 of this Agreement. Should the Purchaser or his representative fail to attend the hand- over inspection within a period of 7 (Seven) days after he was invited to attend to an appointment regarding the handover inspection, despite having been duly notified thereof, the Architect or the representative of the Seller shall conduct such inspection and hand- over in the Purchaser's absence. 29.2 The defects list issued by the Architect or the representative of the Seller on the Date of Occupation with such further items, if any, added during the hand-over inspection shall be final and binding between the Parties and the Purchaser shall be obliged to accept the Works with such defects. Subject to clause 28.6, the Purchaser shall be precluded from raising at any later time any defect which is alleged to have been a patent defect on the day of the inspection, but does not appear on such list and shall not have any claim against the Seller arising in respect thereof, nor shall the Purchaser be entitled to allege that any such defect or any of the defects listed by the Architect or the representative of the Seller renders the Works unfit for beneficial occupation. 29.3 In addition to the obligation of the Seller to remedy patent and latent defects, the Seller shall in terms of the NHBRC requirements be obliged to: 29.3.1 at its own expense repair any roof leaks that occur in respect of the Works within the first 12 (Twelve) months of the Occupation Date, provided that the Purchaser notifies the Seller thereof in writing within the said period of 12 (Twelve) months; 29.3.2 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Works for a period of 5 (Five) years of the Occupation Date, provided the Purchaser notifies the Seller in writing thereof within the said 5 (Five) year period; 29.4 Subject to 29.1 and 29.2 above, the Purchaser shall be deemed to have accepted the Works in a fit and proper condition and be deemed to have acknowledged that the Seller has fully complied with its obligations as set out in the aforesaid clause. 29.5 The Purchaser shall be obliged to give the Seller all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 29. 29.6 The Seller personally, or through its servants or agents, shall be entitled at all reasonable times to have access to the Works for the purpose of inspecting it or to carry out any repairs which the Seller may in terms hereof be obliged or entitled to perform whether such repairs relate to the Works or not, and the Purchaser shall have no claim against the Seller for any disturbance in his occupation arising out of the exercise by the Seller of the rights hereby conferred. 29.7 After occupation of the Works by the Purchaser, any repairs will be done during working hours, Monday to Friday. 29.8 The Architect's certificate stating that any defect for which the Seller is liable in terms of clause 29 has been made good shall be final and binding on both Parties and shall relieve the Seller from any obligations in respect of such defect. 29.9 The Sellers' obligations specifically excludes the following repair items: 29.9.1 general maintenance work; 29.9.2 touch–up paint of any nature; 29.9.3 hairline cracks in the plaster work; 29.9.4 any shrinkage/movement and expansion cracks between different components/materials used or cracking which might appear in control movement joints; 29.9.5 any mould growth caused by a lack of ventilation and/or condensation, any doors and windows slamming in windy conditions or any damage caused thereby; 29.9.6 wind and rain entering through the windows and doors and windows left open, and 29.9.7 hot water cylinders which will be covered by the guarantee supplied by the manufacturers thereof. 29.10 The obligations of the Seller provided in this clause 29 and any and all other warranties warrantees provided to the Purchaser by the Seller in terms of this Agreement will lapse should the Purchaser after the Occupation Date do or allow to be done building work of any nature whatsoever on the Erf. Should a dispute arise whether building work was indeed done on the Erf the Architect will determine whether any other building work was indeed undertaken. 29.11 The Purchaser and/or his/her Bank shall not be entitled to withhold any payment by reason of the fact that the defects list in 29.1 and 29.2 have not yet been compiled with or that the defects have not yet been repaired. Withholding payment shall be a material breach of this Agreement

GUARANTEES AND HANDOVER OF THE WORKS. 29.1 7.1 The Purchaser or his representative shall be obliged to attend an inspection of the Works together with the Architect or a representative of the Seller Contractor at any pre-pre- arranged time (as close as possible to the final completion of the WorksWorks by the Contractor) before the Occupation DateDate of Occupation, in order to inspect the Works and to be advised of any the defects listed by the Architect or the representative of the Seller, Contractor which are to be remedied by the Seller Contractor in terms of clause 29.3 7.3 (the “hand-over inspection”). During the hand-over inspection the Architect or the representative of the Seller Contractor may in his sole discretion add further items to the defects list, which will be remedied by the Seller Contractor in terms of clause 29.3 7.3 of this Agreement. Should In the event however, that the Purchaser or his representative fail fails to attend the hand- hand-over inspection within a period of 7 (Sevenseven) days after he was invited to attend to an appointment regarding the handover inspection, despite having been duly notified thereof, the Architect or the representative of the Seller Contractor shall conduct such inspection and hand- hand-over in the Purchaser's Purchaser absence. 29.2 7.2 The defects list issued by the Architect or the representative of the Seller Contractor on the Date of Occupation with such further items, if any, added during the hand-over inspection shall be final and binding between the Parties and the Purchaser shall be obliged to accept the Works with such defects. Subject to clause 28.67.6, the Purchaser shall be precluded from raising at any later time any defect which is alleged to have been a patent defect on the day of the inspection, but does not appear on such list and shall not have any claim against the Seller Contractor arising in respect thereof, nor shall the Purchaser be entitled to allege that any such defect or any of the defects listed by the Architect or the representative of the Seller Contractor renders the Works works unfit for beneficial occupation. 29.3 7.3 In addition to the obligation of the Seller Contractor to remedy patent and latent defects, the Seller Contractor shall in terms of the NHBRC requirements be obliged to:to – 29.3.1 7.3.1 at its own expense repair any roof leaks that occur in respect of the Works within the first 12 (Twelvetwelve) months of the Occupation DateDate of Occupation, provided that the Purchaser notifies the Seller Contractor thereof in writing within the said period of 12 (Twelvetwelve) months; 29.3.2 7.3.2 rectify any defect of a patent or latent nature in respect of the substructure, the superstructure and the roof structure of the Works for a period of 5 (Fivefive) years of the Occupation DateDate of Occupation, provided the Purchaser notifies the Seller Contractor in writing thereof within the said 5 (Fivefive) year period; 29.4 Subject 7.4 In the absence of notice as referred to 29.1 and 29.2 above, in clause 7.3 above the Purchaser shall be deemed to have accepted the Works in a fit and proper condition and be deemed to have acknowledged that the Seller Contractor has fully complied with its obligations as set out in the aforesaid clause. 29.5 7.5 The Purchaser shall be obliged to give the Seller Contractor all access reasonably required to remedy the patent or latent defects that are required to be remedied in terms of Clause 29this clause 7. 29.6 7.6 The Seller Contractor personally, or through its servants or agents, shall be entitled at all reasonable times to have access to the Works for the purpose of inspecting it or to carry out any repairs which the Seller Contractor may in terms hereof be obliged or entitled to perform whether such repairs relate to the Works or not, and the Purchaser shall have no claim against the Seller Contractor for any disturbance in his occupation arising out of the exercise by the Seller Contractor of the rights hereby conferred. 29.7 7.7 After occupation of the Works by the Purchaser, any repairs will be done during working hours, Monday to Friday. 29.8 7.8 The Architect's certificate stating that any defect for which the Seller Contractor is liable in terms of this clause 29 7 has been made good shall be final and binding on both Parties and shall relieve the Seller Contractor from any obligations in respect of such defect. 29.9 7.9 The Sellers' obligations warranty specifically excludes the following repair items:items – 29.9.1 7.9.1 general maintenance work; 29.9.2 7.9.2 touch–up paint of any nature; 29.9.3 7.9.3 hairline cracks in the plaster work; 29.9.4 7.9.4 any shrinkage/movement and expansion cracks between different components/materials used or cracking which might appear in control movement joints; 29.9.5 7.9.5 any mould growth caused by a lack of ventilation and/or condensation, any doors and windows slamming in windy conditions or any damage caused thereby; 29.9.6 7.9.6 wind and rain entering through the windows and doors and windows left open, ; and 29.9.7 7.9.7 hot water cylinders which will be covered by the guarantee supplied by the manufacturers thereof. 29.10 7.10 The obligations of the Seller warranties provided in this clause 29 7 and any and all other warranties provided to the Purchaser by the Seller Contractor in terms of this Agreement will lapse should the Purchaser after the Occupation Date do or allow Transfer attend to be done building work of any nature whatsoever on to the ErfProperty. Should a dispute arise whether building work was indeed done on the Erf Property the Architect will determine whether any other building work was indeed undertaken. 29.11 7.11 The Parties record that should the Contractor be willing to repaint any surface with an alternative paint as to the paint specified in the Standard Specifications, then and in that instance, the Purchaser and/or his/her Bank shall not be entitled undertakes to withhold any payment by reason of supply the fact that Contractor with the defects list in 29.1 and 29.2 have not yet been compiled with or that the defects have not yet been repaired. Withholding payment shall be a material breach of this Agreementnecessary paint.