OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 6. 6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects. 6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof. 6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority. 6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser. 6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing. 6.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Property. 6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 7 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 5.1 Occupation of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section Unit shall be given to and taken by the Purchaser on a the Occupation Date from which date as determined the risk, profit and loss in this clause 6.
6.2 the Unit shall pass to the Purchaser. The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; Seller, however, the Seller does not warrant that the section Unit will be ready for occupation on the said date. When anticipated Occupation Date and should the section is ready Unit not be available for occupation, occupation on the Seller shall notify anticipated Occupation Date the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereofsuch late occupation.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. 5.2 The Purchaser shall not be entitled to cancel this Contract nor take occupation of the Unit unless the Purchaser has, to the satisfaction of the Seller’s Conveyancers, secured the full purchase price and signed all transfer documentation.
5.3 If the Seller is unable, for any reason whatsoever, to give occupation of the Unit to the Purchaser on the anticipated occupation date, the Purchaser shall accept occupation of the property on the earliest date thereafter on which the Seller, by written notice of not less than 7 (seven) days to the Purchaser, is able to give occupation and such subsequent date shall be deemed, for all purposes, to be the Occupation Date.
5.4 Save as aforesaid, the Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for failure for any reason to give occupation to the Purchaser on the anticipated Occupation Date.
5.5 In the event of any dispute as to when occupation of the Unit may be given, a certificate by the Scheme’s Architect (acting as expert and not as an arbitrator) certifying that the Unit is ready for occupation shall be final and binding on the parties. In the event of a dispute the date of the Architect’s certificate shall be deemed to be the Occupation Date.
5.6 The Purchaser acknowledges that, on the Occupation Date, the buildings may be incomplete and that occupants of the Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting there from and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience.
5.7 Prior to the Occupation Date of the aforegoing.
6.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body CorporateUnit, the Purchaser shall comply be entitled, at reasonable times and with all The Rules and regulations prior written arrangement with the Seller, to gain access to the site but hereby indemnifies the Seller against any claims for damages or personal injury he/she/it may have as a result of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 site visit. The Purchaser shall do nothing not be entitled to cause demand any amendments or repairs to the Seller Unit prior to be in breach the Date of Occupation where his/her/its obligations rights in terms of The Rules clause 7.1.2 shall apply.
5.8 In the event that the Purchaser fails to inspect the Unit within 7 (seven) days as prescribed in clause 6.2 hereof, the Purchaser automatically consents that the Unit may be inspected by the Architect and regulations or any other obligations which the said Architect may complete the snag list on behalf of the Purchaser and provide such list to the Seller may have for remedial work to be carried out. This condition contained in clause 6.2 hereof shall be applicable to the owners of other UnitsSeller and Purchaser as if the Purchaser has completed the snag list in person.
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by Provided the Purchaser has complied with his obligations in terms of this Contract have been paid or securedAgreement and unless otherwise agreed to in writing between the Parties, occupation of the section Unit shall be deemed to have been given to and taken by the Purchaser on a date Practical Completion, from which date:
8.1. the Purchaser shall be deemed to have taken occupation of the Property and the Exclusive Use Areas (if applicable) as determined if he were the owner of the Property and even though the body corporate might not have been established; and
8.2. the Purchaser shall be entitled to the use and enjoyment of the Common Property in this clause 6the Proposed Development Scheme in conjunction with the owners, purchasers or occupiers of other properties in the Proposed Development Scheme.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date8.3. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as Between the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from and the date of such notification inspect the section together with a representative registration of transfer of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transferProperty, the Purchaser shall pay Occupational Rental as stipulated in clause 12 to the Conveyancer on behalf of the SCHEDULESeller, payable monthly in advance before on the 7th (seventh) first day of each month and every month, occupational rent in an amount equal to the Seller provided that should occupation only be given to percentage of the Purchase Price as stated in clause (vi) of the INFORMATION TABLE, irrespective of whether the Purchaser after takes occupation of the date Unit or not. Transfer of transfer, the Seller Unit shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to passed into the Purchaser in the event name of the Purchaser not having complied with unless all amounts in respect of its contractual obligations as set out in this Contractoccupational rental have been paid to date of registration. The Purchaser's obligation to pay Purchaser will, for the Occupational Rental as stipulated in this clause shall commence from the date months during which Practical Completion and/or registration of occupation as determined in clause 6.3 hereof irrespective of whether or not transfer occurs, only be liable for occupational rent on a pro-rata basis.
8.4. the Purchaser is entitled will be responsible for payment of the account for electricity and water consumed in respect of the Unit and any introductory amounts/fees which may be required and which are incidental to take occupation the utilization of the security facilities in accordance with clause 6.1 hereofthe Proposed Development Scheme by the Purchaser or his representatives or occupiers.
8.5. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until interest on all arrears in respect of occupational rent calculated monthly in advance at the date of issuing prime overdraft rate of the occupation certificate by the local authoritySeller’s bankers from time to time.
6.5 The Purchaser authorizes 8.6. irrespective of whether the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to sectional title register for the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Proposed Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
6.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body Corporatehas been opened, the Purchaser undertakes to and shall strictly comply with all The Rules rules applicable to owners in the Proposed Development Scheme (management and regulations of conduct rules) as prepared by the Body Corporate whatever form they may take as if he were the registered owner of the PropertySeller).
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 3 contracts
Samples: Offer to Purchase, Offer to Purchase, Offer to Purchase
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 5.1 Occupation of the SCHEDULEUnit shall, and further provided that any other amounts due by at the Purchaser in terms of this Contract have been paid or secured, occupation election of the section shall Purchaser, be given to and taken by the Purchaser on a date as determined in this clause 6.
6.2 the Occupation Date, notwithstanding the Transfer Date. The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; Seller, however, the Seller does not warrant that the section Unit will be ready for occupation on the said date. When Anticipated Occupation Date and should the section is ready Unit not be available for occupation, occupation on the Seller shall notify Anticipated Occupation Date the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereofsuch late occupation.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. 5.2 The Purchaser shall not be entitled to cancel this Contract nor take occupation of the Unit unless the Purchaser has, to the satisfaction of the Conveyancers, secured the full purchase price and signed all transfer documentation.
5.3 The Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller as a result of the failure for any reason to give occupation to the Purchaser on the Anticipated Occupation Date.
5.4 In the event of any dispute as to when occupation of the Unit may be given, a certificate by the Scheme’s Architect (acting as expert and not as an arbitrator) certifying that the Unit is ready for occupation shall be final and binding on the parties.
5.5 The Purchaser acknowledges that, on the Occupation Date, the Buildings may be incomplete and that occupants of the Unit may consequently suffer inconvenience from building operations and from noise and the dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller by reason of any such inconvenience.
5.6 Prior to the Occupation Date of the aforegoing.
6.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body CorporateUnit, the Purchaser shall comply be entitled, at reasonable times and with all The Rules and regulations prior written arrangement with the Seller, to gain access to the site but hereby indemnifies the Seller against any claims for damages or personal injury he/she/it may have as a result of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 site visit. The Purchaser shall do nothing not be entitled to cause demand any amendments or repairs to the Unit prior to the Date of Occupation other than in accordance with clause 7.1.2 below.
5.7 In the event that the Purchaser fails to inspect the Unit within 7 (seven) days as prescribed in clause 7.1.2 hereof, the Purchaser automatically consents that the Unit may be inspected by the Scheme’s Architect and the Scheme’s Architect acting reasonably and diligently, may complete the snag list on behalf of the Purchaser and provide such list to the Seller for remedial work to be carried out. Notwithstanding the operation of this clause 5.7, the condition contained in breach of its obligations in terms of The Rules and regulations or any other obligations which clause 7.1.2 hereof shall be applicable to the Seller may have to and Purchaser as if the owners of other UnitsPurchaser has completed the snag list in person.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
OCCUPATION. 6.1 Subject 7.1. Provided the purchaser has paid or secured, as the case may be, on due date the deposit referred to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULEschedule, the purchase price has been secured the occupational interest, estimated levy, legal costs and further provided that any other amounts due by the Purchaser purchaser in terms of this Contract agreement have been paid or securedand further provided the purchaser has signed all documents as may be required by the conveyancers both in respect of the transfer of the unit to the purchaser and the registration of any mortgage bond, including all certificates of completion as may be required by the purchaser's bankers, occupation of the section unit shall be given to and taken by the Purchaser purchaser on a the occupation date as determined in this clause 6.
6.2 14 of the schedule read together with clause 7.2 below. The Seller seller shall make every effort to ensure that the section unit is ready for occupation by not later than on the date stipulated in clause 11 14 of the SCHEDULE; schedule however, the Seller seller does not warrant that the section unit will be ready for occupation on the said date.
7.2. When The occupation date shall be as certified in the section is ready for certificate of occupation which shall be issued not less than 30 days prior to the occupation date.
7.3. Should, after the determination of the occupation date in the certificate of occupation, the Seller seller than determine that the unit will not be practically complete and ready for occupation on the occupation date as set out in the certificate of occupation, the architect shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date issue a further certificate of occupation for all purposes and determine a revised occupation date, provided such further certificate of this agreementoccupation shall be issued not less than 30 days prior to the revised occupation date.
7.4. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and purchaser shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller seller arising from the actual occupation date as certified in the certificate of occupation differing from the anticipated occupation date mentioned in clause 6.2 hereof14 of the schedule. The architect, in certifying the occupation date shall, act in an impartial and professional manner.
6.4 In 7.5. The purchaser hereby undertakes, on the event occupation date to sign any certificate of completion as may be required by the purchaser's bankers for purposes of registration of the date mortgage bond over the unit, if applicable. The purchaser hereby acknowledges that the signature of occupation preceding the date aforesaid certificate of transfer, completion does not absolve the Purchaser shall pay Occupational Rental seller from its obligations to remedy any defects in the units as stipulated provided for in clause 12 7.8 below read with clause 10 of this annexure.
7.6. The occupational interest in clause 22 of the SCHEDULE, schedule and the estimated levy in clause 15 of the schedule shall be payable monthly in advance before by the 7th (seventh) day of each month purchaser to the Seller provided that should occupation only be given to the Purchaser after the date of transferseller, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser local authority has issued an occupancy certificate in respect of the building or whether the snags in clause 7.8 below have been attended to.
7.7. The purchaser's obligation to pay the occupational interest in 22 of the schedule and the estimated levy in clause 15 of the schedule shall commence from the occupation date irrespective of whether or not the purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding 7.1 above and irrespective of whether the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing purchaser takes physical occupation of the occupation certificate by the local authorityunit.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 7.8. It is recorded that the Purchaser purchaser is aware that, on the date of occupationoccupation date, the buildings that form part of this Development Scheme building, common property, and other sections in the building may be incomplete and under construction and that the Purchaser purchaser must necessarily suffer inconvenience from the construction of such external works building operations and from noise and dust resulting there fromtherefrom. The Purchaser purchaser shall not be entitled to cancel this Contract agreement nor have any claim whatsoever against the Seller seller by reason of any of the aforegoingaforegoing however the seller or successors-in-title shall be obliged to take reasonable steps to control such noise and dust and to minimise the inconvenience to the purchaser.
6.7 Until such time as 7.9. The purchaser shall be entitled, in writing, within 14 (fourteen) days of occupation date, to highlight defects in the Property is transferred section whereafter the seller shall issue a snag list to the Purchaser and purchaser ("the Purchaser becomes a member snag list"). The seller shall, as soon as practicable after the issue of the Body Corporate, snag list attend to the Purchaser shall comply with all The Rules and regulations rectification of the Body Corporate whatever form they may take as if he were items on the registered owner of snag list whereafter the Propertyarchitect, in his sole and professional discretion, shall certify that the snags have been completed.
6.8 The Purchaser shall do nothing to cause 7.10. In the Seller to be in breach event of its obligations in terms of The Rules and regulations or any other obligations which dispute arising between the Seller may have parties as to the owners of other Unitssnag list or whether or not items on the snag list have been satisfactorily rectified, such dispute shall be summarily determined by the architect in his sole and professional discretion and whose decision shall be final and binding on the parties.
Appears in 2 contracts
Samples: Annexure to Sale Agreement, Annexure to Sale Agreement
OCCUPATION. 6.1 Subject Occupation of the Property shall be given and taken on the Occupation Date, as per paragraph 1.8, and subject to the Purchase price set out in clause 4 hereof having been fully paidExisting Tenancy, or (a) guarantee(s) being furnished if applicable in terms of clause 4 hereof and paragraph 1.11, provided that the guarantees in accordance with clauses 7, 8 and 10 fulfillment of paragraph 4.1 or payment of the SCHEDULEfull Purchase Price have been effected, and further provided that any other amounts due all documents have been duly signed by the Purchaser and all costs of transfer in terms fulfillment of this Contract paragraph 5.2 have been duly paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined to the Conveyancers, and that the Purchaser has paid the Occupational Rental for the first month in this clause 6advance into the Conveyancer’s trust account.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from not without the date of such notification inspect the section together with a representative written consent of the Seller and compile a snag list detailing all items in respect of the section make any alterations or additions to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respectsTransfer.
6.3 The Purchaser No tenancy shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual created by occupancy before date of occupation differing from registration of transfer and the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date Purchaser’s right of occupation preceding shall terminate on cancellation of this agreement, whatever the date of transfer, reason therefore; and the Purchaser shall pay Occupational Rental as stipulated in clause 12 of vacate the SCHEDULE, payable monthly in advance before the 7th Property within 24 (seventhtwenty four) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions hours upon termination of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the PurchaserAgreement, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any a retention or to claim whatsoever against compensation from the Seller by reason for any improvements made to the Property.
6.4 Should the Occupation Date be agreed as date of any registration of transfer of the aforegoing.
6.7 Until such time as Property into the Property is transferred to name of the Purchaser and the Purchaser becomes a member Seller, for whatsoever reason, fails to give vacant possession of the Body CorporateProperty to the Purchaser on such date, the Purchaser parties agree that the Conveyancer shall comply with all The Rules and regulations withhold the Seller’s net proceeds of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause sale in trust until such vacant possession has been given by the Seller to be in breach of its obligations in terms of the Purchaser. The Rules Seller, by attesting his signature hereto, irrevocably authorizes and regulations or any other obligations which instructs the Seller may have Conveyancers to the owners of other Unitsdo so.
Appears in 2 contracts
Samples: Offer to Purchase, Offer to Purchase
OCCUPATION. 6.1 Subject The Seller undertakes to use its best endeavours to give the Purchaser beneficial occupation of the Section to the Purchase price Purchaser on the anticipated Date of Possession as set out in clause 4 hereof having been fully paid1.7 of the Contract of Sale, provided the Purchaser has secured the purchase price referred to in clause 1.5 of the Contract of Sale.
6.2 The Purchaser acknowledges that the actual occupation date may vary from that stated and the Seller undertakes in this regard that in the event that there is a delay, or acceleration of the occupation date, “Date of Possession” shall be amended to mean such earlier or later date. The Seller will endeavour to give the Purchaser at least 60 (asixty) guarantee(s) being furnished days written notice, where possible and/or foreseeable, of the new Date of Possession.
6.3 In no way detracting from the Seller’s rights in terms of the Contract or at Law, it is specifically recorded that the Purchaser shall not be entitled to delay or refuse to comply with his obligations in terms of the Contract, if he disputes that the Section is sufficiently complete for beneficial occupation, or should he believe that the Seller has not complied with its obligations in terms of clause 4 hereof and in accordance 6.2 hereof, or should he believe that the Seller has not compiled with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser of its obligations in terms of this Contract have been paid the Contract. Any dispute as to whether or secured, not the Section is sufficiently complete for occupation of the section shall be given referred to the Architect who, acting as an expert and taken by not as an arbitrator, shall determine such dispute and his decision shall be final and binding on the Purchaser on a date as determined in this clause 6parties.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before 6.4 Notwithstanding anything contained herein or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contractelsewhere, the Seller shall not be liable to attend to incur any other or further remedial work after completion liability whatsoever by reason of the necessary work detailed in Section not being available for occupation on the snag list. The Purchaser may not take occupation anticipated Date of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respectsPossession.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer6.5 Notwithstanding anything contained herein, the Purchaser shall pay Occupational Rental not be entitled to beneficial occupation of the Section until such time as stipulated he has made or secured all payments in terms of the purchase price, costs and all other amounts for which he is liable in terms of the Contract, and signed all such documentation and supplied all such information as to enable the Conveyancers to effect transfer of the Property without delay.
6.6 Should the Property be sufficiently complete for beneficial occupation but the Purchaser not have compiled with his obligations as referred to in clause 12 6.5 above, then in that event, without prejudice to the Seller’s right to claim specific performance or to any other rights the Seller may have in terms of the SCHEDULEContract or at Law, payable monthly in advance before and at the 7th (seventh) day of each month Seller’s election, the keys to the Seller provided that should occupation Property shall only be given to the Purchaser after once he has compiled with his aforesaid obligations. Notwithstanding the date aforesaid, the Purchaser shall be deemed to be liable to pay occupational rental, levies, rates, utilities and all other outgoings in respect of transferthe Property as if he had been given occupation thereof.
6.7 From the Date of Possession, the Purchaser:
6.7.1 shall be entitled to beneficial occupation of the Section (except in those instances as provided for in clause 6.5 above) and it shall be used only for residential purposes subject to compliance with the Rules and for no other purpose whatsoever;
6.7.2 shall, at his own expense, maintain the interior of the Section in a good, clean and thoroughly tenantable and attractive condition, and where necessary repair or refurbish any damaged item and replace any lost item and permit the Seller at all reasonable times to enter and inspect the Section, and if found to be in default of this provision, the Seller shall pay have the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to right at the Purchaser in the event cost of the Purchaser not having complied to carry out such repairs as are necessary to maintain the particular Section in good state of repair or to comply with all of its contractual obligations as set out in this Contractany law, by-law, ordinance or regulation. The Purchaser's obligation Purchaser shall refund any such amounts expended by the Seller on demand;
6.7.3 shall, at his own expense, maintain in a good working order and condition all electrical, plumbing sewerage installations and appurtenances of whatever nature, serving the Section;
6.7.4 shall be entitled to pay the Occupational Rental as stipulated use and enjoyment, along with occupiers of other sections in this clause shall commence from the date Scheme, of occupation as determined in clause 6.3 hereof irrespective those parts of whether or the common property of the Scheme not subject to rights of exclusive use, subject to the Rules. In using the common property of the Scheme, the Purchaser is entitled shall do so in such manner so as to take occupation not interfere unduly or unreasonably with the lawful rights of the use and enjoyment thereof by other occupiers of other sections in accordance the Scheme or other persons lawfully upon the Scheme;
6.7.5 shall procure that all other occupants of the Section comply with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Contract;
6.7.6 shall at all times comply with Act 95/1986 and the Rules, of both the Association and the Scheme;
6.7.7 waives all claims against the Seller for any loss or damage to property or any injury to person which the Purchaser may sustain in or about the Scheme or the Property, and indemnifies the Seller against any such claim that may be made against the Seller by a member of the Purchaser’s family or any tenant, employee, nominee, invitee or any other person who occupies the Section of goes about the Scheme, by virtue of the Purchaser’s rights thereto, for any loss or damage to property or injury to person suffered in or about the Scheme, the Section, or any other part of the Land, howsoever such loss or damage or injury to person may be caused (save for any damage to property or injury to person caused by the intentional or grossly negligent act of the Seller).
6.7.8 shall however not be liable for the payment of Occupational Rental until all services provided to the date Section and any deposits and fees payable in connection with the supply of issuing any such services; and
6.7.9 shall not use the Section in such a manner as to cause damage thereto or to the other sections, nor shall he store or permit the storage therein of any flammable materials which may cause damage or pose a fire risk, or vitiate any policy of insurance in respect of the occupation certificate by Buildings, or which is likely to have the local authority.effect of increasing the premium payable in terms of such insurance policy;
6.5 The Purchaser authorizes 6.7.10 shall not be entitled to divide the conveyancer to do a set-off Property for the purpose of selling, donating or in any other manner alienating or disposing of the Purchaser’s right of occupancy of any amount portion thereof to any other person prior to the Date of Transfer;
6.7.11 shall not be entitled to let or otherwise part with occupation of the Section, except upon the express prior written permission of the Seller and on condition that any such letting and/or parting with occupation shall in no way release the Purchaser from any of the Purchaser’s obligations to the Seller hereunder or in terms of the Rules that may be due as Occupational Rental, in terms hereof, or any other costs due enforceable from time to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.time;
6.6 It is recorded 6.7.12 acknowledges that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily he and every person claiming occupation and use through him may suffer inconvenience from the construction of such external works building operations and from noise and dust resulting there from. The therefrom and the Purchaser shall not be entitled to cancel this Contract nor have any no claim whatsoever against the Seller by reason of any of such inconvenience;
6.7.13 shall only be entitled to utilise the aforegoing.
6.7 Until such time as Exclusive Use Area for ITS designated purpose in accordance with the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Rules. The Purchaser shall comply with maintain such Exclusive Use Area, as contemplated in Act 95/1986 and Rules, at its cost, in a good and neat condition at all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Propertytimes.
6.8 The Seller shall, either personally or through its servants or agents, be entitled at all reasonable times to have access to the Section and the common property of the Scheme for the purpose of inspection or to carry out any maintenance or repairs whether relative to the Section or not, and the Purchaser shall do nothing to cause have no claim against the Seller to be for any disturbance in breach his occupation arising out of its obligations in terms the exercise of The Rules and regulations or any other obligations which the Seller may have to the owners of other Unitsrights hereby conferred.
Appears in 2 contracts
Samples: Contract of Sale, Contract of Sale
OCCUPATION. 6.1 Subject to 7.1 Provided the Purchase price set out purchaser has:
7.1.1 paid the deposit in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULEschedule;
7.1.2 secured payment of the purchase price as provided for in 4;
7.1.3 paid occupational interest and cost contribution, legal costs and further provided that any other amounts due by the Purchaser purchaser in terms of this Contract have been paid or securedagreement; and
7.1.4 signed all documents as may be required by the seller’s conveyancers, both in respect of transfer and registration of any mortgage bond, if applicable, including having signed any certificate of completion as may be required by the purchaser’s bankers, occupation of the section shall be given to and taken by the Purchaser purchaser on a the occupation date as determined in this clause 6.
6.2 The Seller shall 7.2. Whilst the seller will make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; howeveranticipated occupation date, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser seller gives no warranties in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect regard.
7.2 Occupation of the section to shall be remedied where after on the Seller will attend anticipated occupation date, provided that the seller shall be entitled, on 30 days written notice to the necessary purchaser, to revise the anticipated occupation date or the revised occupation date, as soon as practicably possible. Save as otherwise provided for in terms of this Contractthe case may be and the purchaser will, the Seller shall not be liable subject to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not 7.1, take occupation of the Property prior to completion section on the said revised date of occupation which shall then be the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respectsoccupation date.
6.3 7.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and purchaser shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller seller arising from the actual date revision of occupation differing from the anticipated occupation date mentioned or the occupation date, as the case may be..
7.4 The purchaser will, on request by the seller, and prior to the occupation date, sign any certificate of completion as may be required by the purchaser’s bankers for purposes of registration of the mortgage bond over the unit, if applicable. The seller hereby acknowledges that the signature by the purchaser of the aforesaid certificate of completion does not, in clause 6.2 hereofany way, absolve the seller from its obligations to rectify any defects or snags in the unit as envisaged in 7.8 read with 10.1.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. 7.5 The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaserpurchaser's obligation to pay the Occupational Rental as stipulated in this clause occupational interest, cost contribution and consumption charges shall commence from the occupation date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser purchaser is entitled to take or takes physical occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authorityunit in 7.1.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 7.6 It is recorded that the Purchaser purchaser is aware that, on the date of occupationoccupation date, the building, common property and other sections in the building or buildings that form part of this Development Scheme may be incomplete and under construction and that the Purchaser purchaser must necessarily suffer inconvenience from the construction of such external works building operations and from noise and dust resulting there fromtherefrom. The Purchaser purchaser shall not be entitled to cancel this Contract agreement nor have any claim whatsoever against the Seller seller by reason of any of the aforegoingaforegoing however the seller or successors-in-title shall be obliged to take reasonable steps to control such noise and dust and to minimise the inconvenience to the purchaser
7.7 The purchaser shall afford the seller or its appointed contractors reasonable access to the section to enable the seller to attend to the items on the snag list in 7.8 and in order to remedy any defects in the section. Should the purchaser not provide such reasonable access within 14 days of request by the seller and/or its contractors, the relevant defects shall be deemed to have been remedied by the seller.
6.7 Until such time as 7.8 The purchaser shall, within a period of 21 days from the Property is transferred occupation date, together with the architect, inspect the section whereafter the architect will prepare and issue to the Purchaser seller, a list of items in the section which require rectification and the Purchaser becomes a member seller shall expeditiously attend to the items on the said list and do so to the satisfaction of the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Propertyarchitect.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall 5.1. Occupation will be given to and taken by on the Purchaser on a date as determined in this clause 6of registration of transfer.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than 5.2. From the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller PURCHASER shall notify be liable for all municipal rates, taxes, consumption charges, insurance premiums and/or fees and levies payable on the Purchaser in writing thereofPROPERTY, whether before and from which date the PROPERTY shall be the sole risk, profit or after the anticipated date mentioned in clause 11 loss of the SCHEDULE which date will then be regarded as PURCHASER. Should the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date SELLER have made any payment of such notification inspect the section together with a representative of the Seller and compile nature for a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser period after the date of possession, he shall be entitled to a refund thereof pro rata to the period of prepayment.
5.3. The risk in and to the PROPERTY shall pass to the PURCHASER upon the date of occupation, or the date of registration of the transfer, whichever shall occur first. Despite the Seller aforesaid, ownership in and to the PROPERTY shall pay only pass to the Purchaser such occupational rentalPURCHASER upon registration of the PROPERTY in the PURCHASER’S name.
5.4. The Seller PURCHASER shall however not be obliged entitled to pay Occupational Rental make any alterations or additions to the Purchaser PROPERTY before the date of registration of transfer. The PURCHASER shall be obliged, in the event of the Purchaser not having complied with all cancellation or lapse of its contractual obligations this agreement, to forthwith vacate the PROPERTY and restore it to the SELLER in the same condition as set out in this Contractwhen the PURCHASER took possession. The Purchaser's obligation PURCHASER will have no claims whatsoever against the SELLER arising out of any alterations or additions made to the PROPERTY by the PURCHASER.
5.5. If the PROPERTY is leased, this Agreement is entered into and subject to the rights of the tenant under any existing Lease Agreement, statutory provisions or the Common Law. The SELLER cannot guarantee vacant occupation of the properties.
5.6. Should the purchaser take possession of the property prior to registration thePURCHASER shall pay occupational interest to the Occupational Rental as stipulated SELLER, calculated at the rate of 1% per month on the Purchase Price. The occupational interest is payable in this clause shall commence from advance on the date first day of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable each calendar month, save for the first payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may which shall be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, and shall be payable pro rate, for the buildings remaining portion of that form part of this Development Scheme may calendar month. Occupational interest shall be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller paid by reason of any of the aforegoing.
6.7 Until such time as the Property is transferred PURCHASER directly to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the PropertySELLER’S attorney.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 2 contracts
Samples: Offer to Purchase, Offer to Purchase
OCCUPATION. 6.1 Subject 7.1 Provided the purchaser has paid or secured, as the case may be, on due date the deposit referred to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULEschedule, the purchase price has been secured the occupational interest, estimated levy, legal costs and further provided that any other amounts due by the Purchaser purchaser in terms of this Contract agreement have been paid or securedand further provided the purchaser has signed all documents as may be required by the conveyancers both in respect of the transfer of the unit to the purchaser and the registration of any mortgage bond, including all certificates of completion as may be required by the purchaser's bankers, occupation of the section unit shall be given to and taken by the Purchaser purchaser on a the occupation date as determined in this clause 6.
6.2 14 of the schedule read together with clause 7.2 below. The Seller seller shall make every effort to ensure that the section unit is ready for occupation by not later than on the date stipulated in clause 11 14 of the SCHEDULE; schedule however, the Seller seller does not warrant that the section unit will be ready for occupation on the said date. When .
7.2 The occupation date shall be as certified in the section is ready for certificate of occupation which shall be issued not less than 30 days prior to the occupation date.
7.3 Should, after the determination of the occupation date in the certificate of occupation, the Seller seller than determine that the unit will not be practically complete and ready for occupation on the occupation date as set out in the certificate of occupation, the architect shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date issue a further certificate of occupation for all purposes and determine a revised occupation date, provided such further certificate of this agreement. The Purchaser occupation shall within 7 (seven) be issued not less than 30 days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend prior to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take revised occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respectsdate.
6.3 7.4 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and purchaser shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller seller arising from the actual occupation date as certified in the certificate of occupation differing from the anticipated occupation date mentioned in clause 6.2 hereof14 of the schedule. The architect, in certifying the occupation date shall, act in an impartial and professional manner.
6.4 In 7.5 The purchaser hereby undertakes, on the event occupation date to sign any certificate of completion as may be required by the purchaser's bankers for purposes of registration of the date mortgage bond over the unit, if applicable. The purchaser hereby acknowledges that the signature of occupation preceding the date aforesaid certificate of transfer, completion does not absolve the Purchaser shall pay Occupational Rental seller from its obligations to remedy any defects in the units as stipulated provided for in clause 12 7.9below read with clause 10 of this annexure.
7.6 The occupational interest in clause 21 of the SCHEDULE, schedule and the estimated levy in clause 15 of the schedule shall be payable monthly in advance before by the 7th (seventh) day of each month purchaser to the Seller provided that should occupation only be given to the Purchaser after the date of transferseller, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser local authority has issued an occupancy certificate in respect of the building or whether the snags in clause 7.9below have been attended to.
7.7 The purchaser's obligation to pay the occupational interest in 21 of the schedule and the estimated levy in clause 15 of the schedule shall commence from the occupation date irrespective of whether or not the purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding 7.1 above and irrespective of whether the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing purchaser takes physical occupation of the occupation certificate by the local authorityunit.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 7.8 It is recorded that the Purchaser purchaser is aware that, on the date of occupationoccupation date, the buildings that form part of this Development Scheme building, common property, and other sections in the building may be incomplete and under construction and that the Purchaser purchaser must necessarily suffer inconvenience from the construction of such external works building operations and from noise and dust resulting there fromtherefrom. The Purchaser purchaser shall not be entitled to cancel this Contract agreement nor have any claim whatsoever against the Seller seller by reason of any of the aforegoingaforegoing however the seller or successors-in-title shall be obliged to take reasonable steps to control such noise and dust and to minimise the inconvenience to the purchaser.
6.7 Until such time as 7.9 The seller shall, at its cost, employ the Property is transferred services of an independent architect or construction consultant who shall, at the occupation date, furnish both the purchaser and seller with a list of any defects in the section ("the snag list"). The seller shall attend to the Purchaser and the Purchaser becomes a member rectification of the Body Corporate, items on the Purchaser shall comply with all The Rules and regulations snag list as soon as possible after its receipt thereof. In the event of there being a dispute between the Body Corporate whatever form they may take parties as if he were to whether or not the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have seller has properly attended to the owners of other Unitsitems on the snag list, such dispute shall be referred to the architect who shall, acting impartially and as an expert, summarily determine the matter and whose decision shall be final and binding on the parties.
Appears in 2 contracts
Samples: Annexure to Agreement of Sale, Annexure to Agreement of Sale
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall 5.1. Occupation will be given to and taken by on the Purchaser on a date as determined in this clause 6of registration of transfer.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than 5.2. From the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller PURCHASER shall notify be liable for all municipal rates, taxes, consumption charges, insurance premiums and/or fees and levies payable on thePROPERTY, and from which date the Purchaser in writing thereofPROPERTY shall be the sole risk, whether before profit or after the anticipated date mentioned in clause 11 loss of the SCHEDULE which date will then be regarded as PURCHASER. Should the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date SELLER have made any payment of such notification inspect the section together with a representative of the Seller and compile nature for a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser period after the date of possession, he shall be entitled to a refund thereof pro rata to the period of prepayment.
5.3. The risk in and to the PROPERTY shall pass to the PURCHASER upon the date of occupation, or the date of registration of the transfer, whichever shall occur first. Despite the Seller aforesaid, ownership in and to the PROPERTY shall pay only pass to the Purchaser such occupational rentalPURCHASER upon registration of the PROPERTY in the PURCHASER’S name.
5.4. The Seller PURCHASER shall however not be obliged entitled to pay Occupational Rental make any alterations or additions to the Purchaser PROPERTY before the date of registration of transfer. The PURCHASER shall be obliged, in the event of the Purchaser not having complied with all cancellation or lapse of its contractual obligations this agreement, to forthwith vacate the PROPERTY and restore it to the SELLER in the same condition as set out in this Contractwhen the PURCHASER took possession. The Purchaser's obligation PURCHASER will have no claims whatsoever against the SELLER arising out of any alterations or additions made to the PROPERTY by the PURCHASER.
5.5. If the PROPERTY is leased, this Agreement is entered into and subject to the rights of the tenant under any existing Lease Agreement, statutory provisions or the Common Law. The SELLER cannot guarantee vacant occupation of the properties.
5.6. Should the purchaser take possession of the property prior to registration the PURCHASER shall pay occupational interest to the Occupational Rental as stipulated SELLER, calculated at the rate of 1% per month on the Purchase Price. The occupational interest is payable in this clause shall commence from advance on the date first day of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable each calendar month, save for the first payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may which shall be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, and shall be payable pro rate, for the buildings remaining portion of that form part of this Development Scheme may calendar month. Occupational interest shall be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller paid by reason of any of the aforegoing.
6.7 Until such time as the Property is transferred PURCHASER directly to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.SELLER’S attorney
Appears in 1 contract
Samples: Offer to Purchase
OCCUPATION. 6.1 The Seller shall give and the Purchaser shall take possession and vacant occupation of the Subject Matter on the Date of Transfer or by mutual agreement b both parties. Occupation of the Section and/or Exclusive Use Areas by the Purchaser or anybody through or under the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled all rights to the Purchase occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith. Initial here SECTIONAL PLAN Initial here The Purchaser shall not be entitled to claim cancellation of this Agreement or any reduction in the purchase price set out by reason of any minor alteration to the number, size, location or Participation Quota of any Section, or any increase in their number, in comparison to that shown on the Plans annexed hereto. The Purchaser undertakes to accept transfer of the Unit as may be re-defined and re- numbered in the Sectional Plan approved by the relevant local authority and the Surveyor General. For purposes of clarity and good order, a minor alteration in size shall be an increase or decrease in the area of the Section or Unit not greater than 5% (five per centum), which must exclude the variance in clause 4 hereof having been fully paid, 8.2 hereof. Initial here The Purchaser acknowledges that it may be necessary for the Seller to amend or (a) guarantee(s) being furnished in terms change the design and/or layout of clause 4 hereof and in accordance with clauses 7, 8 and 10 all or some of the SCHEDULEUnits. In the event of such changes being material, the Purchaser shall be given 14 (fourteen) days notice of such changes within which period he shall have the right to resile from this Agreement and further provided the deposit refunded, along with accrued interest. Should such changes not be material the Purchaser acknowledges that any other amounts due by he shall remain bound to this Agreement. Initial here Initial here SECTIONAL TITLE/EXCLUSIVE USE AREAS Initial here The Purchaser shall, subject to the Rules of the Scheme, be entitled to the exclusive use and enjoyment of the Exclusive Use Areas, the rights to which are hereby sold and shall, in the case of the parking bay/s and balcony/s, be allocated to the Purchaser in terms of this Contract have been paid or secured, occupation section 27A of the section shall Act and, in the case of the garden/s, be given ceded to and taken by the Purchaser on a date as determined in this clause 6.
6.2 terms of Section 271(1) of the Act. EXTRAS/VARIATIONS The Seller shall make every effort not be obliged to ensure that agree to any variation, modification, addition or omission to or from the section is ready for occupation by not later than the date stipulated structure design, layout, finishes, fixtures or fittings in clause 11 respect of the SCHEDULE; howeverUnit as set out in the annexures hereto, but shall consider the Purchaser’s request for any such variation, modification, addition or omission and should it be possible to accommodate the Purchaser’s request, it shall do so purely in its sole discretion. In the event of the Seller agreeing to undertake variations, the Seller does will not warrant that be required to proceed therewith until the section will be ready payment for occupation on such variations has been made in full to the said dateSeller. When In the section is ready for occupationevent of the Purchaser failing to make payment within 14 (fourteen) days of demand by the Seller, the Seller shall notify be entitled to proceed in accordance with the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 plan and schedule of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise finishes provided for in terms this agreement and the Purchaser shall have no claim against the Seller as a consequence thereof. Initial here BUILDINGS NOT YET ERECTED It is recorded that the Building has not yet been completed. The Seller shall be entitled to vary the details set out in the annexures hereto, as well as the extras referred to in clause 10, to such extent as may be reasonably necessary to: meet any requirements of this Contractany competent authority; meet any special features of the Property; meet any special impediments such as water, sewer or electrical lines either above or underground or any rock or other soil condition; give effect to any changes in materials, finishes or fittings which the Seller considers to be appropriate or due to the fact that the original materials may not be readily available at the time due to shortage in supply of such materials, finishes or fittings, without however detracting from the quality of the Buildings and/or the Section; obtain the approval of the sectional title development scheme and/or the opening of the Sectional Title Register. to vary the number/s allocated to the Section on the plan and the name of the Development. The Seller shall not be liable required to attend to any other or further remedial work after completion indicate the position of the necessary work detailed in beacons or pegs on the snag listProperty. The Purchaser may not take occupation Initial here On the Date of Transfer, the Common Property forming part of the Property prior to completion Buildings and the Property, as well as other portions of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completedBuildings, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect may be incomplete and Occupants of the Property Section may suffer inconvenience from the building operations and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation further agrees that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and it shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there fromreason thereof. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
6.7 Until aforegoing to cancel or withdraw from this Agreement or to claim damages from the Seller or any other person or institute interdict proceedings nor shall the Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such time building operations. BODY CORPORATE RULES It is recorded that the Seller intends, when submitting the application for the opening of the register in respect of the Scheme, to register special rules for the Body Corporate under Section 35 of the Act, in terms of which, inter alia: Liability of an owner to make contributions in respect of an Exclusive Use Area shall be calculated at a fixed rate which shall not be more than ⅓ (one-third) of the rate payable per square metre of Floor Area in respect of a Unit. No owner will be allowed to enclose a balcony. LEVIES The Purchaser shall be liable from the Date of Transfer for: levies payable in terms of Section 37(1) of the Act calculated in accordance with the Rules; and all electricity and water consumed in or on and rates and taxes and municipal and other charges incurred in respect of the Unit; Pending the determination of the actual amount of such levies, the Purchaser shall from the Date of Transfer pay on account of such levies an amount as shall be certified by the Property is transferred Seller as being its bona fide estimate of such monthly levies. Upon the determination of the actual monthly levies so payable any amount unpaid or overpaid shall forthwith be paid or reimbursed by one Party to the Purchaser and the Purchaser becomes a member of other. Such levies shall be paid to the Body Corporate, monthly in advance on the first day of each and every calendar month commencing from the Date of Transfer provided that if the Date of Transfer falls on any day other than the first day of a calendar month, then the Purchaser shall comply with all be obliged on the Date of Transfer to pay a pro rata share of the levies due for the calendar month on which the Date of Transfer occurs. The Rules Purchaser shall be obliged to furnish the Seller and regulations of the Body Corporate whatever form they may take with a debit order drawn Initial here on the Purchaser’s bank in respect of payment of all levies as if he were the registered owner of the Propertycontemplated in clause 13.1.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 Subject to 4.1 The buildings comprising the Purchase price set out in clause 4 hereof having been fully paidDevelopment Scheme, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 inclusive of the SCHEDULEUnit sold, are presently in the course of planning and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section construction.
4.2 Occupation shall be given to by the Seller and taken by the Purchaser on the Occupation Date provided that by that date the Unit shall be sufficiently complete and ready for beneficial occupation by the Purchaser, to the extent that it can be used for the purpose intended, and the Seller's architect has signed a date as determined Certificate of Practical Completion in this clause 6.
6.2 The Seller respect thereof. This shall make every effort to ensure not necessarily mean that the section is ready for occupation by not later than the date stipulated in clause 11 Unit shall be fully complete and free of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before any snagging or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all other items in respect of the section still to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification completed by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property achieve full and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there fromfinal completion. The Purchaser shall not be entitled to cancel obtain nor remain in occupation unless and until the Purchaser has signed all transfer documents to the extent that these are available for signature and has furnished all payments and guarantees required to be delivered under this Contract nor Agreement and is not otherwise in breach of any other term of this Agreement.
4.3 Should the Seller be unable to furnish beneficial occupation on the Anticipated Occupation Date on account of the Section being incomplete for occupation purposes, due to delays by the Local Authority or any other authority in approving Building Plans, delays which may occur due to the non-availability of building materials, delays occasioned by rain, act of God, labour strikes or by sub- contractors in completing the work assigned to them or unforeseeable delays in building construction, then the Purchaser shall accept occupation at the earliest date on which the Seller is able to give the Purchaser occupation. The Purchaser shall in such event have the right to resile from this Agreement should the Seller not be able to give the Purchaser occupation within a period of 60 (SIXTY) days after the anticipated Occupation Date, and in such event the Seller shall be obliged to refund to the Purchaser all monies paid by the Purchaser in terms of this Agreement.
4.4 Should the anticipated Occupation Date occur at any time prior to registration of transfer, and irrespective of the cause of any delay in registering transfer (save deliberate obstruction by the Seller), then the Purchaser shall pay to the Seller the monthly occupational rental which shall be the amount specified in the Agreement of Sale and failing such specification, interest on the Purchase Price at prime Bank overdraft rate at the Seller's Bank. The occupational rental shall be payable monthly in advance on the first day of each and every month to the Seller or the Seller's nominee without deduction or demand from the occupation date until date of registration of transfer, both days inclusive, provided that should transfer be effected during the course of the month in respect of which the Purchaser has paid rental for the full month, the Purchaser shall be entitled to a pro rata refund of such overpayment.
4.5 No deduction, set-off or counterclaim shall be made or allowed for any incomplete item relating to the Unit or any Exclusive Use Area in the Development Scheme as at the Occupation Date provided always that the Purchaser's rights to claim beneficial occupation as is provided herein shall remain reserved to the Purchaser. Other than as specifically provided for herein, the Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for failure for any reason to give the Purchaser occupation on the agreed anticipated Occupation Date.
4.6 In the event of any dispute arising as to the Occupation Date, or as to beneficial occupation or as to whether the Section is finally complete, a written certificate issued by the Architect acting as an expert, making a ruling on such issue, shall be final and binding on both the Seller and the Purchaser.
4.7 The Purchaser acknowledges that the Purchaser is acquiring a Unit in an incomplete Development Scheme and that on the anticipated Occupation Date, notwithstanding that the Unit may be available for occupation and ready for transfer into the Purchaser's name, the buildings and any other improvements on the common property inclusive of improvements still to be made to the Unit sold, may be partially incomplete with snagging still to be completed by the Seller, and furthermore that any other unit may also be incomplete and that driveways and common amenities may also be incomplete such that occupants in the Development Scheme, inclusive of the Purchaser, will necessarily suffer some inconvenience from building operations and from noise, dust and the like resulting therefrom. The Purchaser shall have no claim against the Seller by reason of such interim incompletion or inconvenience.
4.8 The Purchaser shall not be entitled to delay transfer in any manner by failing to sign documents, or otherwise, and shall not be entitled to withhold delivery of any guarantee due hereunder nor withhold any payment due in terms of this Agreement, nor impose any retention in respect of any obligation to be fulfilled by the Seller hereunder (inclusive of any incomplete construction of the aforegoing.
6.7 Until such time as building or any alleged defect or snag item of construction) pending final completion of the Property is transferred to the Purchaser Unit and the Purchaser becomes a member Development Scheme. The fact that registration of transfer has taken place into the Body Corporate, name of the Purchaser shall comply with all The Rules and regulations not derogate nor subtract from the Seller's obligations to fulfil its obligations under this Agreement inclusive of the Body Corporate whatever form they may take as if he were obligation to finally and properly complete the registered owner Unit after registration of the Propertytransfer has taken place.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 7.1 Subject to the Purchase purchase price set out in clause 4 5 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 5 hereof and in accordance with clauses 76, 8 7 and 10 9 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 67.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 7.2 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental occupational rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental occupational rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental occupational rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authorityoccupation.
6.5 7.3 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rentaloccupational rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental occupational rental to the Seller upon transfer of the Property property in the name of the Purchaser.
6.6 7.4 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme development scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
6.7 7.5 Until such time as the Property property is transferred to the Purchaser and the Purchaser becomes a member of the Body CorporateFeatherbrooke Hills Home Owners Association, the Purchaser shall comply with all The the Rules and regulations of the Body Corporate Featherbrooke Hills Home Owners Association whatever form they may take as if he were the registered owner of the Propertyproperty.
6.8 7.6 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The the Rules and regulations or any other obligations which the Seller may have to the owners of other Unitssections or to the Featherbrooke Hills Home Owners Association.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 6.1. Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) Price being furnished in terms secured by way of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secureddeposit and/or guarantees, occupation of the section unit shall be given to and taken by the Purchaser on a the date as determined stipulated in this clause 62.8 of the Sale Agreement.
6.2 6.2. The Seller shall make every effort to ensure that the section is ready for occupation by not no later than the date stipulated in clause 11 2.8 of the SCHEDULE; however, the Sale Agreement. The Seller does not warrant that the section unit will be ready for occupation on the said date. When the section Section is ready for occupation, the Seller shall will notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall will inspect the unit together with a representative of the seller within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items the fixtures required in respect of the section to be remedied where after unit, whereafter the Seller will attend to the necessary as soon as practicably practically possible. Save as otherwise provided for in terms of this Contract, the The Seller shall will not be held liable to attend to for any other or further remedial work after the completion of the necessary work detailed listed in the snag list. The Occupation can only be taken once the snag list remedies have been completed. Once all remedied work is completed, the Purchaser may not take occupation will provide written notification of the Property prior to completion of the remedial work by the Seller. The Purchaser shall same within 3 (three) days of notification by the Seller that the remedial work is completedafter completion, provide the Seller with all documentation required to release releasing any retention on any loan amount granted in terms hereof in respect of the Property and shall furthermore confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall unit and the fixtures provided, after which the purchaser will be obliged obligated to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereofsaid Unit.
6.4 In the event of 6.3. Provided that the date of occupation preceding precedes the date of transfer, the Purchaser shall pay Occupational Rental the occupational rent as stipulated in clause 12 2.8 of the SCHEDULESale Agreement, payable monthly in advance before on the 7th (seventh) day day. The shame will be applicable should the Unit register in the Name of each month to the Seller provided that should Purchaser and occupation only be given to the Purchaser takes place after the date of transfer, registration. Occupational rent will be payable by the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser purchaser irrespectively if he is entitled able to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation property after the Seller has notified the purchaser. However, occupational rent can only be requested once an occupational certificate by is obtained from the local authority.
6.5 6.4. The Purchaser herewith authorizes the conveyancer Conveyancer to do a set-off of deduct any amount that may be due as Occupational Rental, in terms hereof, or any other costs due occupational rent owed by him from his interest earned over to the Seller whether as optional extras Seller, should the Purchaser not pay on or otherwise, against any interest that may be due to before the Purchaser, and authorizes the conveyancer to effect payment 7th of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchasereach month.
6.6 6.5. It is recorded that the Purchaser purchaser is aware that, that on the date of occupation, some of the buildings that form part of this the Development Scheme may scheme might still be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there fromincomplete. The Purchaser purchaser shall not be entitled to cancel this Contract nor agreement or have any claim whatsoever against the Seller by any reason of any of the aforegoing.
6.7 Until such time as the Property is transferred to the 6.6. The Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall will comply with all The the Rules and regulations Regulations of the Body Corporate whatever form they may take attached hereto as if he were the registered owner Annexure H from date of the Propertyoccupation or registration, whichever comes first.
6.8 6.7. The Purchaser shall will not do nothing to cause anything that causes the Seller to be in breach of its obligations in terms of The Rules and regulations contract towards him/her, or any other obligations which owner of a unit in the Seller may have to the owners of other UnitsSectional Scheme.
Appears in 1 contract
Samples: Sale Contract
OCCUPATION. 6.1 Subject 7.1 If, in relation to any Relevant Property, the Condition has not been satisfied by Closing or (in respect of Purchaser Underlease Properties and Seller Underlease Properties) the parties have not provided confirmation as to the Purchase price continued occupation of the relevant Property pursuant to Part C, paragraph 3 or have provided confirmation that the planned occupation is less than the full length of the term outlined in Part B of the Schedule, the Purchaser or the Seller (as relevant) shall, with effect from Closing, be entitled to receive the income from that part of the Relevant Property for which it is responsible pursuant to this Schedule and the relevant member of the Seller Group or the Purchaser (as applicable) shall occupy the Relevant Property in question (save to the extent that the same is subject to any Occupational Lease) as licensee upon the terms and conditions set out at paragraph 8 of Part D. Such licence shall be revocable by the Seller, relevant member of the Seller Group, the Purchaser, the Business Purchaser or Target Company (as applicable) in clause 4 hereof having been fully paidaccordance with paragraph 9.2.
7.2 Pending the Actual Completion Date and with effect from Closing, or the grantor of a licence pursuant to paragraph 7.1 will procure that in relation to any Relevant Property:
(a) guarantee(sno contract is entered into disposing of any interest in the Relevant Property; and
(b) being furnished the rents, service charges and other sums reserved by the relevant lease are paid and the covenants and conditions contained in terms of clause 4 hereof the relevant lease are materially observed and in accordance with clauses 7, 8 performed.
7.3 The Seller and 10 Purchaser shall not pending the assignment of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms Split Properties or grant of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 6.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative an underlease of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other Underlease Properties or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.Underlease Properties:
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance (a) affect or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether accept any variation or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, surrender or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason termination of any of the aforegoingLeases or Occupational Leases; nor
(b) serve any notices upon the Landlord or tenant under them; nor
(c) in respect of any Lease or Occupational Lease where the rent is now or prior to assignment becomes subject to review, agree or take any steps in relation to any review of the rent; without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed) and shall forthwith send a copy to the other party of any notice or other material communication received in connection with any of the Leases.
6.7 Until 7.4 The proper costs and expenses incurred by the Seller and the Purchaser in connection with any such time as review of rent shall be shared between the Property is transferred Seller and the Purchaser according to the relationship between the length of the part of the relevant rent review period falling before Closing and the length of the part falling on and after Closing (the former being borne by the Seller and the latter being borne by the Purchaser), and the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser Seller shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Propertyindemnify each other accordingly.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 6.
6.2 5.1 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify give the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature date of Transfer / on _ 20 _ [*Delete whichever is not applicable].
5.2 Occupation of the documentation that Property shall be vacant unless the Purchaser Property is satisfied with the Unit occupied by a tenant in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date terms of occupation differing from the anticipated date mentioned in clause 6.2 hereofany lease agreement.
6.4 In 5.3 If the event Property is occupied in terms of any lease agreement, a copy of such lease agreement shall be attached to this Agreement.
5.4 If the date of occupation preceding does not coincide with the date of transfer, Transfer the Purchaser shall pay Occupational Rental as stipulated party in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of whilst the Property is registered in the name of the Purchaser.
6.6 It is recorded that other party, shall, in consideration therefor, and for the Purchaser is aware thatperiod of such occupancy, pay to the Conveyancers, in addition to the costs of electricity, water, sanitation and any other municipal services consumed at or on the Property, occupational interest of R _ ( _ Rand) monthly in advance from date of occupation, . No tenancy shall be created by the buildings that form part Purchaser taking occupation prior to Transfer and the Purchaser shall immediately vacate the Property upon termination or cancellation of this Development Scheme may be incomplete and that Agreement (i.e. the Purchaser must necessarily suffer inconvenience from shall not be regarded as a tenant and shall vacate the construction of such external works Property if for whatever reason this Agreement fails or is terminated and from noise and dust resulting there fromTransfer cannot be effected). The Purchaser shall not be entitled to cancel make any alterations or additions to the Property prior to Transfer.
5.5 Notwithstanding anything to the contrary stated in this Contract nor Agreement, the Purchaser shall not be given occupation of the Property until all costs of Transfer and the Deposit have any claim whatsoever against been paid, the Seller by reason guarantee referred to in clause 3.4 has been delivered, all necessary bond and Transfer documents have been signed to the satisfaction of the Conveyancers, and the Purchaser is not otherwise in breach of any of the aforegoingprovisions of this Agreement.
6.7 Until such time as 5.6 From the date of occupation of the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall at all times comply with all the provisions of the Sectional Titles Act 95 of 1986 (“Sectional Titles Act”) and the Sectional Titles Schemes Management Act No 8 of 2011 (“Sectional Titles Management Act”), as well as –
5.6.1 the constitution of any home owners association (if applicable), such rules as may be made by any home owners association (if applicable) or such rules as may be made by the board of trustees of the body corporate formed in respect of the Scheme (collectively the “Body Corporate Rules”);
5.6.2 any conduct rules as may be prescribed by the Sectional Titles Management Act and in respect of the Scheme, as amended from time to time (“Conduct Rules”);
5.6.3 any management rules made in terms of the Sectional Titles Management Act and in respect of the Scheme and amended from time to time (“Management Rules”).
5.7 The Rules and regulations Purchaser acknowledges that copies of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules, Conduct Rules and regulations or any other obligations which the Seller may Management Rules, where applicable, have been provided to the owners of other UnitsPurchaser prior to his/her/its signature hereof.
Appears in 1 contract
Samples: Offer to Purchase Sectional Title
OCCUPATION. 6.1 7.1 Subject to the Purchase price set out in clause 4 5 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 5 hereof and in accordance with clauses 75, 6 and 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 67.
6.2 7.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date Date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 7.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 7.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date Date of occupation differing from the anticipated date mentioned in clause 6.2 7.2 hereof.
6.4 7.4 In the event of the date Date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date Date of occupation as determined in clause 6.3 7.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 7.1 hereof. Notwithstanding the provisions of this clause (6.47.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 7.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 7.6 It is recorded that the Purchaser is aware that, on the date Date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
6.7 7.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Kyalami Poplar Lane Home Owners Association and the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Kyalami Poplar Lane Home Owners Association and the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 7.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other UnitsUnits or to the Kyalami Poplar Lane Home Owners Association.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 Subject 7.1 Provided the purchaser has paid or secured, as the case may be, on due date the deposit referred to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULEschedule, the purchase price has been secured the occupational interest, estimated levy, legal costs and further provided that any other amounts due by the Purchaser purchaser in terms of this Contract agreement have been paid or securedand further provided the purchaser has signed all documents as may be required by the conveyancers both in respect of the transfer of the unit to the purchaser and the registration of any mortgage bond, including all certificates of completion as may be required by the purchaser's bankers, occupation of the section unit shall be given to and taken by the Purchaser purchaser on a the occupation date as determined in this clause 6.
6.2 14 of the schedule read together with clause 7.2 below. The Seller seller shall make every effort to ensure that the section unit is ready for occupation by not later than on the date stipulated in clause 11 14 of the SCHEDULE; schedule however, the Seller seller does not warrant that the section unit will be ready for occupation on the said date. When .
7.2 The occupation date shall be as certified in the section is ready for certificate of occupation which shall be issued not less than 30 days prior to the occupation date.
7.3 Should, after the determination of the occupation date in the certificate of occupation, the Seller seller than determine that the unit will not be practically complete and ready for occupation on the occupation date as set out in the certificate of occupation, the architect shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date issue a further certificate of occupation for all purposes and determine a revised occupation date, provided such further certificate of this agreement. The Purchaser occupation shall within 7 (seven) be issued not less than 30 days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend prior to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take revised occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respectsdate.
6.3 7.4 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and purchaser shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller seller arising from the actual occupation date as certified in the certificate of occupation differing from the anticipated occupation date mentioned in clause 6.2 hereof14 of the schedule. The architect, in certifying the occupation date shall, act in an impartial and professional manner.
6.4 In 7.5 The purchaser hereby undertakes, on the event occupation date to sign any certificate of completion as may be required by the purchaser's bankers for purposes of registration of the date mortgage bond over the unit, if applicable. The purchaser hereby acknowledges that the signature of occupation preceding the date aforesaid certificate of transfer, completion does not absolve the Purchaser shall pay Occupational Rental seller from its obligations to remedy any defects in the units as stipulated provided for in clause 12 7.9 below read with clause 10 of this annexure.
7.6 The occupational interest in clause 21 of the SCHEDULE, schedule and the estimated levy in clause 15 of the schedule shall be payable monthly in advance before by the 7th (seventh) day of each month purchaser to the Seller provided that should occupation only be given to the Purchaser after the date of transferseller, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser local authority has issued an occupancy certificate in respect of the building or whether the snags in clause 7.9 below have been attended to.
7.7 The purchaser's obligation to pay the occupational interest in 21 of the schedule and the estimated levy in clause 15 of the schedule shall commence from the occupation date irrespective of whether or not the purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding 7.1 above and irrespective of whether the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing purchaser takes physical occupation of the occupation certificate by the local authorityunit.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 7.8 It is recorded that the Purchaser purchaser is aware that, on the date of occupationoccupation date, the buildings that form part of this Development Scheme building, common property, and other sections in the building may be incomplete and under construction and that the Purchaser purchaser must necessarily suffer inconvenience from the construction of such external works building operations and from noise and dust resulting there fromtherefrom. The Purchaser purchaser shall not be entitled to cancel this Contract agreement nor have any claim whatsoever against the Seller seller by reason of any of the aforegoingaforegoing however the seller or successors-in-title shall be obliged to take reasonable steps to control such noise and dust and to minimise the inconvenience to the purchaser.
6.7 Until such time as 7.9 The seller shall, at its cost, employ the Property is transferred services of an independent architect or construction consultant who shall, at the occupation date, furnish both the purchaser and seller with a list of any defects in the section ("the snag list"). The seller shall attend to the Purchaser and the Purchaser becomes a member rectification of the Body Corporate, items on the Purchaser shall comply with all The Rules and regulations snag list as soon as possible after its receipt thereof. In the event of there being a dispute between the Body Corporate whatever form they may take parties as if he were to whether or not the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have seller has properly attended to the owners of other Unitsitems on the snag list, such dispute shall be referred to the architect who shall, acting impartially and as an expert, summarily determine the matter and whose decision shall be final and binding on the parties.
Appears in 1 contract
Samples: Annexure to Agreement of Sale
OCCUPATION. 6.1 7.1 Subject to the Purchase purchase price set out in clause 4 5 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 5 hereof and in accordance with clauses 76, 8 7 and 10 9 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 67.
6.2 7.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 12 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 12 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. SCHEDULE, The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms of clause 20 hereof in respect of the Property property and shall confirm in writing that the Purchaser is satisfied with the Unit unit in all respects.
6.3 7.3 The Purchaser shall be obliged to take occupation of the Property property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit unit in all respects as stipulated in clause 6.2 7.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 7.2 hereof.
6.4 7.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental occupational rental as stipulated in clause 12 13 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental occupational rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental occupational rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 7.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 7.1 hereof. Notwithstanding the provisions of this clause (6.47.4) the Purchaser shall however not be liable for the payment of Occupational Rental occupational rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 7.5 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme development scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
6.7 7.6 Until such time as the Property property is transferred to the Purchaser and the Purchaser becomes a member of the Body CorporateCountry Life Home Owners Association, the Purchaser shall comply with all The the Rules and regulations of the Body Corporate Country Life Home Owners Association whatever form they may take as if he were the registered owner of the Propertyproperty.
6.8 7.7 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The the Rules and regulations or any other obligations which the Seller may have to the owners of other Unitsunits or to the Country Life Home Owners Association.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 7.1 Subject to the Purchase purchase price set out in clause 4 5 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 5 hereof and in accordance with clauses 76, 8 7 and 10 9 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 67.
6.2 7.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 12 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 12 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. SCHEDULE, The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms of clause 20 hereof in respect of the Property property and shall confirm in writing that the Purchaser is satisfied with the Unit unit in all respects.
6.3 7.3 The Purchaser shall be obliged to take occupation of the Property property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit unit in all respects as stipulated in clause 6.2 7.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 7.2 hereof.
6.4 7.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental occupational rental as stipulated in clause 12 13 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental occupational rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental occupational rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 7.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 7.1 hereof. Notwithstanding the provisions of this clause (6.47.4) the Purchaser shall however not be liable for the payment of Occupational Rental occupational rental until the date of issuing of the occupation certificate by the local authority.
6.5 . The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rentaloccupational rent, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental occupational rental to the Seller upon transfer of the Property property in the name of the Purchaser.
6.6 7.5 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme development scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoinga foregoing.
6.7 7.6 Until such time as the Property property is transferred to the Purchaser and the Purchaser becomes a member of the Body CorporateCountry Life Home Owners Association, the Purchaser shall comply with all The the Rules and regulations of the Body Corporate Country Life Home Owners Association whatever form they may take as if he were the registered owner of the Propertyproperty.
6.8 7.7 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The the Rules and regulations or any other obligations which the Seller may have to the owners of other Unitsunits or to the Country Life Home Owners Association.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the 7.1 The Purchaser in terms of this Contract have been paid or secured, will not be allowed occupation of the section shall be given Property unless the full purchase price have been guaranteed or paid as referred to in Clause 4, and taken by all transfer and bond documents have been signed at the Conveyancer.
7.2 The Purchaser agrees to pay Occupational Rental, from Occupation Date until the Registration Date, monthly in advance on / or before the 1st day of every month into the Conveyancer’s Account.
7.3 The Purchaser may not, if the Occupation Date takes place prior to the Registration Date, make any alterations or additions to the Property prior Registration Date. From the Occupation Date to the Registration Date the Purchaser on a date as determined in this clause 6.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation liable for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller repairs and compile a snag list detailing all items maintenance in respect of the section Property which is not covered by the Seller’s homeowners cover insurance (structural insurance). If this Agreement is cancelled or lapses, the Purchaser will be obliged to be remedied where after immediately vacate the Property and deliver it to the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag listsame state as it was originally received. The Parties acknowledge hereby that no lease agreement is created by the Purchaser may not take taking occupation of the Property prior to completion of the remedial work by Registration Date and that the SellerPurchaser shall have no claim whatsoever against the Seller due to any alterations or additions which the Purchaser may have made or effected to the Property after the Occupation Date.
7.4 All Occupational Rental is payable monthly in advance. The Purchaser shall within 3 (three) days however be entitled to a refund of notification by the proportional part / portion of the Occupational Rental for the part of the month after which registration took place, calculated from the Registration Date.
7.5 The Purchaser shall, each and every month, from the Occupation Date until the body corporate comes into being:
7.5.1 comply with the provisions of the Act and of the Rules which will be applicable to the Scheme on the basis that the Seller that shall, until the remedial work is completedbody corporate comes into being, provide enjoy the same rights and powers as the body corporate and the trustees enjoy in terms of such Rules; and
7.5.2 waive all claims against the Seller with for any loss or damage to the Property or for any injury to a person, which the Purchaser may sustain in or about the Section, the building or the common property, and hereby indemnifies the Seller against any such claim that may be made against the Seller by any member of the Purchaser’s family or the Purchaser’s invitees, employees or agents for any loss or damage to property or injury to persons suffered in or about the Section, the building or the common property, howsoever such loss or damage to property or injury to person may be caused;
7.5.3 pay on demand all documentation required to release any retention on any loan amount granted charges in terms hereof respect of the electricity and other municipal services consumed or utilized in respect of the Property and shall confirm in writing on / or before due date provided that if the Purchaser fails to pay any such amount the Seller shall be entitled to make payment thereof on the Purchaser’s behalf and to recover same from the together with interest (calculated at the prime lending rate of ABSA Bank) from date on which such amount is satisfied with disbursed by the Unit in all respectsSeller to the date upon which it is recovered, and to pay the charges raised by the relevant local authority for the commission and provision of electrical supply to the Property.
6.3 The Purchaser shall 7.5.4 be obliged liable for and pay to take occupation of the Property Seller or the appointed managing agent in advance on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) first day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transferand every month, the Seller shall pay estimated monthly levy calculated on the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to basis of the Purchaser Participation Quota in respect of the actual total costs of managing, operating, administering, repairing, servicing and maintaining the common property including the relevant Exclusive Use Areas, without restricting the generality of the afore going, rates, taxes, sewerage and services, salaries, wages, licenses, care and maintenance of the common property, the cost of water and electricity consumed in the event common property, wages and other expenses and administration costs, including the cost of collection and recovery of the Purchaser not having complied with said costs (all of its contractual obligations which costs charges are hereinafter referred to as set out in this Contract“total costs”). The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware thattotal costs have not been estimated.
7.5.5 not do or permit to be done any act, matter or thing as a result of which any insurance policy held by the Seller in respect of the Property rendered void or voidable or as a result of which the premiums in respect thereof may be increased.
7.5.6 maintain the Property in a clean and orderly condition;
7.5.7 not sell or otherwise alienate the Property except with the prior written consent of the Seller which consent shall not unreasonably be withheld;
7.5.8 acknowledge that on the date of occupationOccupation Date, the buildings that form part of this Development Scheme common property and other sections may be incomplete and that the Purchaser and other occupiers must necessarily suffer inconvenience from building operations and the construction of such external works and from noise and dust resulting there from. The therefrom and the Purchaser shall not be entitled to cancel this Contract nor have any no claim whatsoever against the Seller by reason of any such inconvenience, provided that such inconvenience is not caused by the intentional or grossly negligent acts of the aforegoing.Seller or its agent/s or its employee/s.
6.7 Until such time as 7.6 The Purchaser shall have 14 (fourteen) Days from the Occupation Date to provide a defect list to the Seller, reflecting all the defects in respect of the Property resulting from defective materials or workmanship. Failing which it shall be accepted that the Purchaser has acknowledged that the Property is transferred to free from any defect of any nature whatsoever and in which instance the Seller shall not be liable for any repair of defects.
7.7 Should the Purchaser and occupy the Purchaser becomes a member of Property before registration, he will be obliged to vacate the Body CorporateProperty immediately if this contract is cancelled for any reason whatsoever, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner it is agreed that no lease agreement is entered into by such prior possession of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Offer to Purchase Agreement
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 74, 8 5 and 10 7 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 6.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date Date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date Date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date Date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date Date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date Date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
6.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 Subject It is recorded that the building has not been constructed yet and that occupation shall only be given to the Purchase price set out Purchaser once the Property and Unit is sufficiently complete, in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 the opinion of the SCHEDULEArchitect, and further provided that any other amounts due by so as to enable the Purchaser in terms of this Contract have been paid or secured, to take occupation thereof.
6.2 Occupation of the section Unit shall be given to and taken by the Purchaser on a date as determined in this clause 6.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing item 9 of the occupation certificate by Schedule, from which date the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rentalrisk, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, profit and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property loss in the name of Unit area shall pass to the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. 6.3 The Purchaser shall not be entitled to cancel take occupation of the Unit prior to his complying with the suspensive conditions contained in Clause 18, his obligations in terms of Clause 5; as well as the balance of his obligations as set out in this Contract nor Agreement including the signature of any transfer documentation, the signature of any bond registration documentation and payment of bond registration costs, if applicable. In the event that the Purchaser does not timeously comply with its obligations as set out above so as to enable the Seller to give occupation of the Unit to the Purchaser, the provisions of Clause 11 of this Agreement will be invoked. Such xxxx interest is payable by the Purchaser to the Seller forthwith on the attorneys’ request therefore.
6.4 The occupation of the Unit by a Purchaser or his/ her Agent(s) shall not create a tenancy, and all rights to occupation of the Unit shall lapse on cancellation of this Agreement and vacant occupation thereof shall immediately be given to the Seller.
6.5 If the Seller is unable, for any reason whatsoever, to give occupation of the Unit to the Purchaser on the Occupation Date as set out in item 9 of the Schedule, the Seller may, in his sole discretion and by written notice of not less than 30 (thirty) days to the Purchaser, advise the Purchaser of a new Occupation Date on which he is able to give occupation and such subsequent date shall be deemed, for all purposes, to be the Occupation Date. It is recorded that the final Occupation Date may change depending on the progress of construction.
6.5.1 If the occupation is not given within 6 (six) months of the Occupation Date as contemplated in the said item 9 of the Schedule or any amended date in terms of clause 6.5, either party shall have the right (at any time before the Seller gives notice of the new Occupation Date in terms of clause 6.5) on written notice to the other of them to resile from this Agreement. In such event the Purchaser shall be entitled to receive a refund of all payments made by the Purchaser in terms thereof.
6.5.2 Save as aforesaid, the Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for failure for any reason to give occupation to the Purchaser on the Occupation Date as set out in item 9 of the Schedule.
6.5.3 In the event of any dispute as to when occupation of the Unit may be given, a certificate by an Architect nominated by the Seller certifying that the Unit is ready for occupation shall be final and binding on the parties. Should the Purchaser choose not to take physical occupation or refuse or fails to accept the keys to his/ her Section, such action shall not affect the Occupation Date, and the Purchaser will accordingly be liable for occupational interest from this said occupation date.
6.5.4 The Purchaser acknowledges and agrees that, on the Occupation Date if the building work has not been completed, occupants of the Unit may consequently suffer inconvenience from the building operations and from noise and the dust resulting therefrom and that the Purchaser shall have no claim whatsoever against the Seller (including the right to cancel the Agreement) by reason of any such nuisance, noise and inconvenience, nor shall the Purchaser for any of the aforegoingaforementioned reasons be entitled to withhold performance of any obligation, or payment of any amount owing by him in terms of this Agreement. The Purchaser further acknowledges that the date for occupation as set out in item 9 of the Schedule is only an estimated date and no liability whatsoever will attach to the Seller if the Occupation Date occurs before or after a stated date, or if the Seller has not given one month’s notice of the final Occupation Date.
6.7 Until such time as 6.5.5 From the Property is transferred to date of signature of this Agreement, until registration of transfer of the Unit into the name of the Purchaser, the Purchaser and waives all claims against the Seller for any loss or damage to Unit and/or Property or any injury to person which the Purchaser becomes a or any member of the Body CorporatePurchaser’s family or the Purchaser’s invitees, employees or agents may sustain in or about the Property or the Land, and indemnifies the Seller against any claim, (including but not limited to any claim for costs and/ or negligence) that may be instituted against the Seller by the Purchaser.
6.5.6 The Seller and/or the Seller’s duly authorised agent(s) shall be entitled to inspect the Property at all reasonable times during the period that the Purchaser is indebted to the Seller in terms of this agreement.
6.6.1 The Purchaser shall, within 7 days of the Occupation Date advise the Seller in writing of any material faults or defects in the Section arising from defective materials or workmanship; failing which the Purchaser shall comply with all be deemed to have accepted the Section in good order and condition. The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 The Purchaser Seller shall do nothing to cause the Seller to accordingly be in breach relieved of its obligations in terms of The Rules and regulations this clause if the Purchaser fails to notify the Seller during the aforesaid period of any faults or defects.
6.6.2 Within a reasonable time of receiving such written advice, the Seller shall cause all or any other obligations reasonable repairs as notified by the Purchaser to be effected as soon as is reasonably possible thereafter at its cost.
6.6.3 The Seller shall in no circumstances be responsible for damage or loss caused by wear and tear, misuse, negligence, abuse, accident or in respect of any risk insurable in respect of commercial properties and the Seller shall in no circumstances be liable for consequential loss or damage.
6.6.4 A certificate issued by the Seller’s Architect stating that any defects for which the Seller may have to is liable in terms of this clause 6.6 has been made good, shall be final and binding on the owners parties and shall relieve the Seller from any further obligations whatever in respect of other Unitsany such defect. Any installation work carried out by the Purchaser is expressly excluded from this Clause.
6.6.5 Save as specifically set out in this Agreement, the Seller has made no representations and given no warranties, whether express or implied in respect of the Section or the Buildings or in respect of anything relating thereto which are otherwise sold voetstoots, without liability for any defects, whether latent or patent.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 Subject 9.1 The Purchaser shall be entitled to inspect the Section, prior to the Purchase price Date of Occupation, at such times and on such dates as may be agreed to by the Seller (whose agreement shall not be unreasonably withheld), the Purchaser acknowledging that his visits to the site in this regard need to be limited and regulated due to the fact that the Land is partially a construction site (and thus poses a hazard to visitors) and further, as the presence of parties not connected with the construction of the Scheme may hinder the progress of same.
9.2 The Seller shall use its best endeavours to give occupation of the Section to the Purchaser on the anticipated Date of Occupation as set out in clause 4 hereof having been fully paidItem G of the Schedule. The Purchaser acknowledges that the actual occupation date may vary from that stated and the Seller undertakes in this regard that in the event that there is a delay, or acceleration of the occupation date, “Date of Occupation” shall be amended to mean such earlier or later date. The Seller will endeavour to give the Purchaser at least 30 (athirty) guarantee(s) being furnished days written notice, where possible and/or foreseeable, of the new occupation date.
9.3 In no way detracting from the Seller’s rights in terms of this Agreement or at Law, it is specifically recorded that the Purchaser shall not be entitled to delay or refuse to comply with his obligations in terms of this Agreement, if he disputes that the Section is sufficiently complete for beneficial occupation, or should he believe that the Seller has not complied with its obligations in terms of clause 4 hereof and in accordance 9.2 hereof, or should he believe that the Seller has not compiled with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser of its obligations in terms of this Contract have been paid Agreement. Any dispute as to whether or secured, not the Section is sufficiently complete for occupation of the section shall be given referred to the Architect who, acting as an expert and taken by not as an arbitrator, shall determine such dispute and his decision shall be final and binding on the Purchaser on a date as determined in this clause 6parties.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before 9.4 Notwithstanding anything contained herein or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contractelsewhere, the Seller shall not be liable to attend to incur any other or further remedial work after completion liability whatsoever by reason of the necessary work detailed in Section not being available for occupation on the snag list. anticipated Date of Occupation.
9.5 The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with waives all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise claims against the Seller arising from for any loss or damage to property or any injury to person which the actual date Purchaser may sustain in or about the Scheme, the Section, or on any other portion of occupation differing from the anticipated date mentioned Land and indemnifies the Seller against any such claim that may be made against the Seller by a member of the Purchaser’s family or any tenant, employee, nominee, invitee or any other person, by virtue of the Purchaser’s rights thereto, for any loss or damage to property or injury to person suffered in clause 6.2 hereofor about the Scheme, the Section, or any other part of the Land, howsoever such loss or damage or injury to person may be caused (save for any damage to property or injury to person caused by the intentional or grossly negligent act of the Seller).
6.4 In the event of the date of occupation preceding the date of transfer9.6 Notwithstanding anything contained herein, the Purchaser shall pay Occupational Rental as stipulated in clause 12 not be entitled to beneficial occupation of the SCHEDULESection until such time as he has made or secured all payments in terms of the purchase price, payable monthly costs and all other amounts for which he is liable in advance before terms of this Agreement, and signed all such documentation and supplied all such information as to enable the 7th (seventh) day Conveyancers to effect transfer of each month the Property without delay.
9.7 Should the Property be sufficiently complete for beneficial occupation but the Purchaser not have compiled with his obligations as referred to in 9.6 above, then in that event, without prejudice to the Seller’s right to claim specific performance or to any other rights the Seller provided that should occupation may have in terms of this Agreement or at Law, and at the Seller’s election, the keys to the Property shall only be given to the Purchaser after once he has compiled with his aforesaid obligations. Notwithstanding the date aforesaid, the Purchaser shall be deemed to be liable to pay occupational rental, levies, rates, utilities and all other outgoings in respect of transferthe Property as if he had been given occupation thereof.
9.8 From the Date of Occupation the Purchaser:
9.8.1 shall be entitled to beneficial occupation of the Section (except in those instances as provided for in 9.6 above) and it shall be used subject to and in compliance with the Act, and the Rules and the permitted Usage of the Property and for no other purpose whatsoever. The maximum number of persons that shall be entitled to occupy the Property shall be determined by multiplying the number of bedrooms of any Section by two;
9.8.2 shall, at his own expense, maintain the interior of the Section in a good, clean and thoroughly tenantable and attractive condition, and where necessary repair or refurbish any damaged item and replace any lost item and permit the Seller or Body Corporate or its agent at all reasonable times to enter and inspect the Section, and if found to be in default of this provision, the Seller shall pay have the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to right at the Purchaser in the event cost of the Purchaser not having complied to carry out such repairs as are necessary to maintain the particular Section in good state of repair or to comply with all of its contractual obligations as set out in this Contractany law, by-law, ordinance or regulation. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not refund any such amounts expended by the Seller on demand;
9.8.3 shall, at his own expense, maintain in a good working order and condition all electrical, plumbing sewerage installations and appurtenances of whatever nature, within the Section;
9.8.4 shall be liable for the payment of Occupational Rental until all services provided to the date Section in the form of issuing telephones, television, electricity and water and any deposits and fees payable in connection with the supply of any such services; and
9.8.5 shall be entitled to the use and enjoyment, along with occupiers of other sections in the Scheme, of those parts of the occupation certificate common property of the Scheme not subject to rights of exclusive use, subject to the Rules. In using the common property of the Scheme, the Purchaser shall do so in such manner so as to not interfere unduly or unreasonably with the lawful rights of the use and enjoyment thereof by other occupiers of the local authority.units in the Scheme or other persons lawfully upon the Scheme;
6.5 The Purchaser authorizes 9.8.6 shall procure that all other occupants of the conveyancer Section comply with the provisions of this Agreement;
9.8.7 shall accept the benefit of and risk in and to do the Property;
9.8.8 shall not use the Section in such a set-off manner as to cause damage thereto or to the other sections, nor shall he store or permit the storage therein of any amount flammable materials which may cause damage or pose a fire risk, or vitiate any policy of insurance in respect of the Buildings, or which is likely to have the effect of increasing the premium payable in terms of such insurance policy;
9.8.9 shall not be entitled to divide the Property for the purpose of selling, donating or in any other manner alienating or disposing of the Purchaser’s right of occupancy of any portion thereof to any other person prior to the Date of Transfer;
9.8.10 shall not be entitled to let or otherwise part with occupation of the Section, except upon the express prior written permission of the Seller and on condition that any such letting and/or parting with occupation shall in no way release the Purchaser from any of the Purchaser’s obligations to the Seller hereunder or in terms of the Rules that may be due as Occupational Rentalenforceable from time to time.
9.9 The Seller shall, in terms hereofeither personally or through its servants or agents, or any other costs due be entitled at all reasonable times to have access to the Seller Section and the common property of the Scheme for the purpose of inspection or to carry out any maintenance or repairs whether as optional extras or otherwise, against any interest that may be due relative to the PurchaserSection or not, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to Purchaser shall have no claim against the Seller upon transfer for any disturbance in his occupation arising out of the Property in the name exercise of the Purchaserrights hereby conferred.
6.6 It is recorded that the 9.10 The Purchaser is aware acknowledges that, on the date Date of occupationOccupation, construction of the infrastructure (including driveways) on the property may not be completed until the erection of all the Buildings, provided however that prior to occupation of the Section, the buildings Seller will provide access to the Section for use by the occupants of the Section and their invitees and their vehicles.
9.11 The Purchaser acknowledges that form part of this Development Scheme he and every person claiming occupation and use through him may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works building operations and from noise and dust resulting there from. The therefrom and the Purchaser shall not be entitled to cancel this Contract nor have any no claim whatsoever against the Seller or the Body Corporate, by reason of any such inconvenience.
9.12 The Purchaser further acknowledges that from the Date of Occupation he shall be responsible for the security of the aforegoingSection purchased.
6.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Purchase and Sale Agreement
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 6.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from f rom the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from f rom the actual date of occupation differing from f rom the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from f rom the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from f rom the construction of such external works and from f rom noise and dust resulting there fromf rom. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
6.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 Subject 7.1 Anticipated occupation date 20
7.2 Provided the Purchaser has paid on due date the deposit referred to in paragraph 3 above, the Purchase purchase price set out in clause 4 hereof having has been fully paidsecured as provided for herein, or the occupational interest, estimated levy, legal costs (aif any) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract agreement have been paid or securedsecured to the satisfaction of the Seller and further provided the Purchaser has signed all documents as may be required by the conveyancers both in respect of the transfer of the unit to the Purchaser and the registration of any mortgage bond, including all certificates of completion as may be require by the Purchaser’s bankers, occupation of the section unit shall be given to and taken by the Purchaser on a the date determined as determined in this clause 6.
6.2 provided from which date the Purchaser will be entitled to physically occupy the unit. The Seller shall make every effort to ensure that the section unit is ready for occupation by not later than on the occupation date stipulated in clause 11 of the SCHEDULE; however, the Seller but does not warrant that the section unit will be ready for occupation on the said date. When .
7.3 The Purchaser shall be obliged to take occupation on the section is occupation date, provided that the Seller after consultation with the architect shall give the Purchaser 60 days written notice of the intended occupation date.
7.4 Should the Seller, after having provided the written notice in 7.3 determine, that the unit will not be practically complete and ready for occupationoccupation on the intended occupation date, the Seller shall notify the Purchaser in writing thereof, whether before and give the Purchaser a further 30 days written notice of such further intended occupation date or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then dates as may be regarded as the date of occupation for all purposes of this agreement. necessary.
7.5 The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual occupation date of occupation differing from the anticipated anticipate occupation. The architect, in certifying the occupation date mentioned shall, act in clause 6.2 hereofan impartial and professional manner. The Purchaser hereby undertakes, on the occupation date to sign any certificate of completion as may be required by the Purchaser’s bankers for purposes of registration of the mortgage bond over the unit, if applicable. The Purchaser hereby acknowledges that the signature of the aforesaid certificate of completion does not absolve the Seller from its obligations to remedy any defects in the units as provided for in .
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 7.6 It is recorded that the Purchaser is aware that, on the date of occupationoccupation date, the building, common property, and other sections in the building or buildings that form part to be constructed by the Seller on the remaining portions of this Development Scheme the land may be incomplete and under construction and that the Purchaser must necessarily suffer inconvenience from the construction of such external works building operations and from noise and dust resulting there fromtherefrom. The Purchaser shall not be entitled to cancel this Contract agreement nor have any claim whatsoever against the Seller by reason of any of the aforegoingaforegoing however the Seller or successors in title shall be obliged to take reasonable steps to control such noise and dust and to minimize the inconvenience to the Purchaser.
6.7 Until such time as 7.7 The Purchaser shall be entitled, within 14 days of occupation, to highlight defects in the Property is transferred unit whereafter the architect shall issue a snag list to the Purchaser and Seller (“the Purchaser becomes a member snag list”) who shall, as soon as practicable thereafter, expeditiously attend to the rectification of the Body Corporateitems on the said snag list whereafter the architect, in his sole and professional discretion, shall certify that the snags have been completed.
7.8 The PURCHASER is obliged to pay occupational consideration to the Seller, in the amount of: R per month (1.1% of the purchase price), which payment shall be made MONTHLY IN ADVANCE on the first day of every month. The obligation shall continue until date of registration.
7.9 The Purchaser is obliged to pay the estimated levy to the Seller, which levy amount shall comply with all The Rules and regulations be calculated by the managing agent of the Body Corporate whatever form they may take as if he were of Phase 1 of XXXXXX ESTATE one month prior to the registered owner occupation date. Which amount will be payable whether or not the Purchaser takes physical occupation of the Propertyunit, which payment shall be made MONTHLY IN ADVANCE on the first day of every month from occupation until date of registration.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Sale Agreement
OCCUPATION. 6.1 Subject to 4.1 The buildings comprising the Purchase price set out in clause 4 hereof having been fully paidDevelopment Scheme, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 inclusive of the SCHEDULEUnit sold, are presently in the course of planning and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section construction.
4.2 Occupation shall be given to by the Seller and taken by the Purchaser on the Occupation Date provided that by that date the Unit shall be sufficiently complete and ready for beneficial occupation by the Purchaser, to the extent that it can be used for the purpose intended, and the Seller's architect has signed a date as determined Certificate of Practical Completion in this clause 6.
6.2 The Seller respect thereof. This shall make every effort to ensure not necessarily mean that the section is ready for occupation by not later than the date stipulated in clause 11 Unit shall be fully complete and free of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before any snagging or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all other items in respect of the section still to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification completed by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property achieve full and shall confirm in writing that the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there fromfinal completion. The Purchaser shall not be entitled to cancel obtain nor remain in occupation unless and until the Purchaser has signed all transfer documents to the extent that these are available for signature and has furnished all payments and guarantees required to be delivered under this Contract nor Agreement and is not otherwise in breach of any other term of this Agreement.
4.3 Should the Seller be unable to furnish beneficial occupation on the Anticipated Occupation Date on account of the Section being incomplete for occupation purposes, due to delays by the Local Authority or any other authority in approving Building Plans, delays which may occur due to the non-availability of building materials, delays occasioned by rain, act of God, labour strikes or by sub- contractors in completing the work assigned to them or unforeseeable delays in building construction, then the Purchaser shall accept occupation at the earliest date on which the Seller is able to give the Purchaser occupation. The Purchaser shall in such event have the right to resile from this Agreement should the Seller not be able to give the Purchaser occupation within a period of 60 (SIXTY) days after the anticipated Occupation Date, and in such event the Seller shall be obliged to refund to the Purchaser all monies paid by the Purchaser in terms of this Agreement.
4.4 Should the anticipated Occupation Date occur at any time prior to registration of transfer, and irrespective of the cause of any delay in registering transfer (save deliberate obstruction by the Seller), then the Purchaser shall pay to the Seller the monthly occupational rental which shall be the amount specified in the Agreement of Sale and failing such specification, interest on the Purchase Price at prime Bank overdraft rate at the Seller's Bank. The occupational rental shall be payable monthly in advance on the first day of each and every month to the Seller or the Seller's nominee without deduction or demand from the occupation date until date of registration of transfer, both days inclusive, provided that should transfer be effected during the course of the month in respect of which the Purchaser has paid rental for the full month, the Purchaser shall be entitled to a pro rata refund of such overpayment.
4.5 No deduction, set-off or counterclaim shall be made or allowed for any incomplete item relating to the Unit or any Exclusive Use Area in the Development Scheme as at the Occupation Date provided always that the Purchaser's rights to claim beneficial occupation as is provided herein shall remain reserved to the Purchaser. Other than as specifically provided for herein, the Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for failure for any reason to give the Purchaser occupation on the agreed anticipated Occupation Date.
4.6 In the event of any dispute arising as to the Occupation Date, or as to beneficial occupation or as to whether the Section is finally complete, a written certificate issued by the Architect acting as an expert, making a ruling on such issue, shall be final and binding on both the Seller and the Purchaser.
4.7 The Purchaser acknowledges that the Purchaser is acquiring a Unit in an incomplete Development Scheme and that on the anticipated Occupation Date, notwithstanding that the Unit may be available for occupation and ready for transfer into the Purchaser's name, the buildings and any other improvements on the common property inclusive of improvements still to be made to the Unit sold, may be partially incomplete with snagging still to be completed by the Seller, and furthermore that other Unit may also be incomplete and that driveways and common amenities may also be incomplete such that occupants in the Development Scheme, inclusive of the Purchaser, will necessarily suffer some inconvenience from building operations and from noise, dust and the like resulting therefrom. The Purchaser shall have no claim against the Seller by reason of such interim incompletion or inconvenience.
4.8 The Purchaser shall not be entitled to delay transfer in any manner by failing to sign documents, or otherwise, and shall not be entitled to withhold delivery of any guarantee due hereunder nor withhold any payment due in terms of this Agreement, nor impose any retention in respect of any obligation to be fulfilled by the Seller hereunder (inclusive of any incomplete construction of the aforegoing.
6.7 Until such time as building or any alleged defect or snag item of construction) pending final completion of the Property is transferred to the Purchaser Unit and the Purchaser becomes a member Development Scheme. The fact that registration of transfer has taken place into the Body Corporate, name of the Purchaser shall comply with all The Rules and regulations not derogate nor subtract from the Seller's obligations to fulfil its obligations under this Agreement inclusive of the Body Corporate whatever form they may take as if he were obligation to finally and properly complete the registered owner Unit after registration of the Propertytransfer has taken place.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Agreement of Sale
OCCUPATION. 6.1 Subject to 7.1 Provided the Purchase price set out purchaser has:
7.1.1 paid the securing amount in clause 4 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULEschedule;
7.1.2 secured payment of the purchase price as provided for in 4;
7.1.3 paid occupational interest and the cost contribution, legal costs and further provided that any other amounts due by the Purchaser purchaser in terms of this Contract have been paid or securedagreement; and
7.1.4 signed all documents as may be required by the seller’s conveyancers, occupation both in respect of transfer and registration of any mortgage bond, if applicable, including having signed any certificate of completion as may be required by the purchaser’s bankers,
7.2 Occupation of the section shall be given to and taken by on the Purchaser on a date as determined in this clause 6.
6.2 The Seller shall make every effort to ensure anticipated occupation date, provided that the section is ready for occupation by not later than seller shall be entitled, on 30 days written notice to the date stipulated in clause 11 of the SCHEDULE; howeverpurchaser, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after to revise the anticipated occupation date mentioned in clause 11 of or the SCHEDULE which date will then be regarded revised occupation date, as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from case may be and the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section purchaser will, subject to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract7.1, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion section on the said revised date of occupation which shall then be the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respectsoccupation date.
6.3 7.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and purchaser shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller seller arising from the actual date revision of occupation differing from the anticipated occupation date mentioned in clause 6.2 hereofor the occupation date, as the case may be.
6.4 In 7.4 The purchaser will, on request by the event seller, and prior to the occupation date, sign any certificate of completion as may be required by the purchaser’s bankers for purposes of registration of the date of occupation preceding mortgage bond over the date of transferunit, if applicable. The seller hereby acknowledges that the Purchaser shall pay Occupational Rental as stipulated in clause 12 signature by the purchaser of the SCHEDULEaforesaid certificate of completion does not, payable monthly in advance before any way, absolve the 7th (seventh) day of each month seller from its obligations to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser rectify any defects or snags in the event of the Purchaser not having complied with all of its contractual obligations unit as set out envisaged in this Contract. 7.7.
7.5 The Purchaserpurchaser's obligation to pay the Occupational Rental as stipulated in this clause occupational interest, cost contribution and consumption charges shall commence from the occupation date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser purchaser is entitled to take or takes physical occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authorityunit in 7.1.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 7.6 It is recorded that the Purchaser purchaser is aware that, on the date of occupationoccupation date, the building, common property and other sections in the building or buildings that form part of this Development Scheme may be incomplete and under construction and that the Purchaser purchaser must necessarily suffer inconvenience from the construction of such external works building operations and from noise and dust resulting there fromtherefrom. The Purchaser purchaser shall not be entitled to cancel this Contract agreement nor have any claim whatsoever against the Seller seller by reason of any of the aforegoingaforegoing however the seller or successors-in-title shall be obliged to take reasonable steps to control such noise and dust and to minimise the inconvenience to the purchaser
7.7 The purchaser shall, within a period of 7 days from the occupation date, together with the architect, inspect the section whereafter the architect will prepare and issue to the seller, a list of items in the section which require rectification and the seller shall expeditiously attend to the items on the said list and do so to the satisfaction of the architect, whose decision shall be final, provided that in the event the purchaser does not participate in the aforesaid inspection, the list of items in the section which require rectification prepared by the architect shall be deemed to be the final approved list and, once attended to by the seller in consultation with the architect, the relevant defects shall be deemed to have been remedied by the seller.
6.7 Until such time as 7.8 The purchaser shall afford the Property is transferred seller or its appointed contractors reasonable access to the Purchaser section to enable the seller to attend to the items on the snag list in 7.7 and in order to remedy any defects in the Purchaser becomes a member section. Should the purchaser not provide such reasonable access within 7 days of request by the Body Corporateseller and/or its contractors, the Purchaser relevant defects shall comply with all The Rules and regulations of be deemed to have been remedied by the Body Corporate whatever form they may take as if he were the registered owner of the Propertyseller.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: General Conditions of Sale
OCCUPATION. 6.1 Subject to the Purchase price set out in clause 4 hereof having been fully paid, 11.1 Notwithstanding any receipt given for any Rental or (a) guarantee(s) being furnished in terms of clause 4 hereof and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser Deposit paid in terms of this Contract Lease, the Lessee shall have been paid no claim for damages or securedother right of action against the Lessor, or be entitled to cancel this Lease in the event of the Lessor being unable, for any reason whatsoever not attributable to wilful default on the part of the Lessor, to give the Lessee occupation of the section shall be given to and taken by the Purchaser Premises on a date as determined in this clause 6.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes commencement of this agreement. The Purchaser shall within 7 (seven) days Lease and the Lessee undertakes to accept occupation from whatever date the date Premises become available for that purpose, subject to a remission of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items Rental in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms period of this Contract, the Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not take occupation of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respectsnon-occupation.
6.3 The Purchaser shall be obliged 11.2 Should the Lessee fail to take occupation of the Property Premises on the day following date upon which the signature Premises are made available to him for that purpose, the Lessor may, without incurring any liability whatsoever towards the Lessee, immediately cancel this Agreement without notice, whereupon the Lessee shall forfeit the Deposit paid by him, while remaining liable for any loss of Rental or damages sustained by the Lessor; provided however that the aforegoing provisions shall not apply if the Lessor and the Lessee have agreed in writing that the Lessee will not take physical occupation of the documentation that Premises on the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereofsaid date.
6.4 11.3 In the event of the date Lessee not being able to enjoy beneficial occupation of occupation preceding the Premises as a result of them having been materially damaged by fire, earthquakes, weather storms, riot activity or the like, and the Lessor:-
11.3.1 failing within 30 (thirty) days of the date of transfersuch damage, to give the Purchaser Lessee written notice that he intends to continue this Lease, then this Lease shall pay Occupational be deemed to have been cancelled on the date that the damage occurred, and the Lessor shall refund to the Lessee all Rental as stipulated in clause 12 of the SCHEDULE, payable monthly paid in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfersuch damage; or
11.3.2 having given notice to the Lessee as aforesaid, the Seller Lessor shall pay restore the Purchaser such occupational rental. The Seller Premises to a tenantable condition as expeditiously as practicable and the Lessee shall however not be obliged entitled to pay Occupational a total or partial remission of Rental according to the Purchaser in extent to which and the event period for which he was deprived of beneficial occupation of the Purchaser not having complied with all of its contractual obligations Premises. Save as set out provided in this Contract. The Purchaser's obligation to pay clauses 11.3.1 and 11.3.2, the Occupational Rental as stipulated in this clause Lessee shall commence from have no other claims whatsoever against the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authorityLessor.
6.5 11.4 The Purchaser authorizes Lessee may not, without the conveyancer to do a set-off of any amount that may be due as Occupational RentalLessor's prior written consent, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser which shall not be entitled to cancel this Contract nor have any claim whatsoever against unreasonably withheld:-
11.4.1 vacate the Seller by reason of any of the aforegoing.
6.7 Until such time as the Property is transferred Premises prior to the Purchaser and termination of this Lease; or
11.4.2 allow the Purchaser becomes a member of Premises to remain unoccupied for any period exceeding six weeks; or
11.4.3 permit or allow any persons other than those persons referred to in clause 3.2 above to occupy the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the PropertyPremises or to reside therein.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Lease Agreement
OCCUPATION. 6.1 7.1 Subject to the Purchase purchase price set out in clause 4 5 hereof having been fully paid, or (a) guarantee(s) being furnished in terms of clause 4 5 hereof and in accordance with clauses 75, 6 and 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 67.
6.2 7.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreementSCHEDULE. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contract, the The Seller shall not be liable to attend to any other or further remedial work after completion of the necessary work detailed in the snag list. The Purchaser may not only take occupation of the Property prior to completion of the remedial work by the Seller, upon receipt of a written consent by Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms of clause 25 hereof in respect of the Property property and shall confirm in writing that the Purchaser is satisfied with the Unit unit in all respects.
6.3 The Purchaser shall be obliged to take occupation of 7.3 In the Property on the day following the signature of the documentation event that the Purchaser is satisfied with fails to inspect the Unit unit within 7 (seven) days as prescribed in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser after the date of transfer, the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Purchaser shall however not be liable for the payment of Occupational Rental until the date of issuing of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may be due as Occupational Rental, in terms hereof, or any other costs due to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
6.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.clause
Appears in 1 contract
Samples: Basic Contract
OCCUPATION. 6.1 Subject The Seller undertakes to use its best endeavours to give the Purchaser beneficial occupation of the Section to the Purchase price Purchaser on the anticipated Date of Possession as set out in clause 4 hereof having been fully paid1.7 of the Contract of Sale, provided the Purchaser has secured the purchase price referred to in clause 1.5 of the Contract of Sale.
6.2 The Purchaser acknowledges that the actual occupation date may vary from that stated and the Seller undertakes in this regard that in the event that there is a delay, or acceleration of the occupation date, “Date of Possession” shall be amended to mean such earlier or later date. The Seller will endeavour to give the Purchaser at least 60 (asixty) guarantee(s) being furnished days written notice, where possible and/or foreseeable, of the new Date of Possession.
6.3 In no way detracting from the Seller’s rights in terms of the Contract or at Law, it is specifically recorded that the Purchaser shall not be entitled to delay or refuse to comply with his obligations in terms of the Contract, if he disputes that the Section is sufficiently complete for beneficial occupation, or should he believe that the Seller has not complied with its obligations in terms of clause 4 hereof and in accordance 6.2 hereof, or should he believe that the Seller has not compiled with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser of its obligations in terms of this Contract have been paid the Contract. Any dispute as to whether or secured, not the Section is sufficiently complete for occupation of the section shall be given referred to the Architect who, acting as an expert and taken by not as an arbitrator, shall determine such dispute and his decision shall be final and binding on the Purchaser on a date as determined in this clause 6parties.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before 6.4 Notwithstanding anything contained herein or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreement. The Purchaser shall within 7 (seven) days from the date of such notification inspect the section together with a representative of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this Contractelsewhere, the Seller shall not be liable to attend to incur any other or further remedial work after completion liability whatsoever by reason of the necessary work detailed in Section not being available for occupation on the snag list. The Purchaser may not take occupation anticipated Date of the Property prior to completion of the remedial work by the Seller. The Purchaser shall within 3 (three) days of notification by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect of the Property and shall confirm in writing that the Purchaser is satisfied with the Unit in all respectsPossession.
6.3 The Purchaser shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of the date of occupation preceding the date of transfer6.5 Notwithstanding anything contained herein, the Purchaser shall pay Occupational Rental not be entitled to beneficial occupation of the Section until such time as stipulated he has made or secured all payments in terms of the purchase price, costs and all other amounts for which he is liable in terms of the Contract, and signed all such documentation and supplied all such information as to enable the Conveyancers to effect transfer of the Property without delay.
6.6 Should the Property be sufficiently complete for beneficial occupation but the Purchaser not have compiled with his obligations as referred to in clause 12 6.5 above, then in that event, without prejudice to the Seller’s right to claim specific performance or to any other rights the Seller may have in terms of the SCHEDULEContract or at Law, payable monthly in advance before and at the 7th (seventh) day of each month Seller’s election, the keys to the Seller provided that should occupation Property shall only be given to the Purchaser after once he has compiled with his aforesaid obligations. Notwithstanding the date aforesaid, the Purchaser shall be deemed to be liable to pay occupational rental, levies, rates, utilities and all other outgoings in respect of transferthe Property as if he had been given occupation thereof.
6.7 From the Date of Possession, the Purchaser:
6.7.1 shall be entitled to beneficial occupation of the Section (except in those instances as provided for in clause 6.5 above) and it shall be used only for residential purposes subject to compliance with the Rules and for no other purpose whatsoever;
6.7.2 shall, at his own expense, maintain the interior of the Section in a good, clean and thoroughly tenantable and attractive condition, and where necessary repair or refurbish any damaged item and replace any lost item and permit the Seller at all reasonable times to enter and inspect the Section, and if found to be in default of this provision, the Seller shall pay have the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to right at the Purchaser in the event cost of the Purchaser not having complied to carry out such repairs as are necessary to maintain the particular Section in good state of repair or to comply with all of its contractual obligations as set out in this Contractany law, by-law, ordinance or regulation. The Purchaser's obligation Purchaser shall refund any such amounts expended by the Seller on demand;
6.7.3 shall, at his own expense, maintain in a good working order and condition all electrical, plumbing sewerage installations and appurtenances of whatever nature, serving the Section;
6.7.4 shall be entitled to pay the Occupational Rental as stipulated use and enjoyment, along with occupiers of other sections in this clause shall commence from the date Scheme, of occupation as determined in clause 6.3 hereof irrespective those parts of whether or the common property of the Scheme not subject to rights of exclusive use, subject to the Rules. In using the common property of the Scheme, the Purchaser is entitled shall do so in such manner so as to take occupation not interfere unduly or unreasonably with the lawful rights of the use and enjoyment thereof by other occupiers of other sections in accordance the Scheme or other persons lawfully upon the Scheme;
6.7.5 shall procure that all other occupants of the Section comply with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) the Contract;
6.7.6 shall at all times comply with Act 8/2011 and the Rules, of both the Association and the Scheme;
6.7.7 waives all claims against the Seller for any loss or damage to property or any injury to person which the Purchaser may sustain in or about the Scheme or the Property, and indemnifies the Seller against any such claim that may be made against the Seller by a member of the Purchaser’s family or any tenant, employee, nominee, invitee or any other person who occupies the Section or goes about the Scheme, by virtue of the Purchaser’s rights thereto, for any loss or damage to property or injury to person suffered in or about the Scheme, the Section, or any other part of the Land, howsoever such loss or damage or injury to person may be caused (save for any damage to property or injury to person caused by the intentional or grossly negligent act of the Seller).
6.7.8 shall however not be liable for the payment of Occupational Rental until all services provided to the date Section and any deposits and fees payable in connection with the supply of issuing any such services; and
6.7.9 shall not use the Section in such a manner as to cause damage thereto or to the other sections, nor shall he store or permit the storage therein of any flammable materials which may cause damage or pose a fire risk, or vitiate any policy of insurance in respect of the occupation certificate by Buildings, or which is likely to have the local authority.effect of increasing the premium payable in terms of such insurance policy;
6.5 The Purchaser authorizes 6.7.10 shall not be entitled to divide the conveyancer to do a set-off Property for the purpose of selling, donating or in any other manner alienating or disposing of the Purchaser’s right of occupancy of any amount portion thereof to any other person prior to the Date of Transfer;
6.7.11 shall not be entitled to let or otherwise part with occupation of the Section, except upon the express prior written permission of the Seller and on condition that any such letting and/or parting with occupation shall in no way release the Purchaser from any of the Purchaser’s obligations to the Seller hereunder or in terms of the Rules that may be due as Occupational Rental, in terms hereof, or any other costs due enforceable from time to the Seller whether as optional extras or otherwise, against any interest that may be due to the Purchaser, and authorizes the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Property in the name of the Purchaser.time;
6.6 It is recorded 6.7.12 acknowledges that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily he and every person claiming occupation and use through him may suffer inconvenience from the construction of such external works building operations and from noise and dust resulting there from. The therefrom and the Purchaser shall not be entitled to cancel this Contract nor have any no claim whatsoever against the Seller by reason of any of such inconvenience;
6.7.13 shall only be entitled to utilise the aforegoing.
6.7 Until Exclusive Use Area for its designated purpose in accordance with the Rules. The Purchaser shall maintain such time Exclusive Use Area, as the Property is transferred to the Purchaser contemplated in Act 8/2011 and the Purchaser becomes Rules, at its cost, in a member of the Body Corporate, the Purchaser shall comply with good and neat condition at all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Propertytimes.
6.8 The Seller shall, either personally or through its servants or agents, be entitled at all reasonable times to have access to the Section and the common property of the Scheme for the purpose of inspection or to carry out any maintenance or repairs whether relative to the Section or not, and the Purchaser shall do nothing to cause have no claim against the Seller to be for any disturbance in breach his occupation arising out of its obligations in terms the exercise of The Rules and regulations or any other obligations which the Seller may have to the owners of other Unitsrights hereby conferred.
Appears in 1 contract
Samples: Contract of Sale
OCCUPATION. 6.1 Subject The Purchaser shall, on the Transfer Date, go into occupation of such part of the Relevant Property (which is not to be underlet to WFSL pursuant to the Purchase price set out in clause 4 hereof having been fully paid, Underlease) ("the Part Relevant Property") as Licensee of WIPI and subject to the following provisions:- The Purchaser shall pay and indemnify WFSL (or as WFSL directs) against all outgoings and expenses and other payments (adue under the Lease) guarantee(s) being furnished in terms attributable to the Purchaser's period of clause 4 hereof occupation within seven days of WFSL providing written evidence that such outgoing expenses and in accordance with clauses 7, 8 and 10 of the SCHEDULE, and further provided that any other amounts due by the Purchaser in terms of this Contract payments have been paid or secured, occupation of the section shall be given to and taken by the Purchaser on a date as determined in this clause 6.
6.2 The Seller shall make every effort to ensure that the section is ready for occupation by not later than the date stipulated in clause 11 of the SCHEDULE; however, the Seller does not warrant that the section will be ready for occupation on the said date. When the section is ready for occupation, the Seller shall notify the Purchaser in writing thereof, whether before or after the anticipated date mentioned in clause 11 of the SCHEDULE which date will then be regarded as the date of occupation for all purposes of this agreementmade. The Purchaser shall within 7 observe and perform all the covenants and conditions (sevenexcluding any alienation covenants) days from contained or referred to in the date of such notification inspect Lease, relating to the section together Part Relevant Property, save that with a representative respect to any covenants relating to the repair of the Seller and compile a snag list detailing all items in respect of the section to be remedied where after the Seller will attend to the necessary as soon as practicably possible. Save as otherwise provided for in terms of this ContractPart Relevant Property, the Seller shall not Purchaser's liability should be liable limited to attend to any other or further remedial work after completion of keeping the necessary work detailed Part Relevant Property in as good a repair as when the snag list. The Purchaser may not take went into occupation of the Property prior to completion of the remedial work by the Seller(fair wear and tear accepted). The Purchaser shall within 3 vacate on notice by WIPI or WFSL if the Landlord under the Lease objects to such occupation and shall pay and indemnify WFSL (threeor as WFSL directs) days of notification against all damages claims and costs incurred by WIPI and arising from such occupation, save that any legal costs will be payable one half by WFSL one half by the Seller that the remedial work is completed, provide the Seller with all documentation required to release any retention on any loan amount granted in terms hereof in respect Purchaser. Completion of the Transfer of the Relevant Property and shall confirm the Grant of the Underlease of the Relevant Property Completion in writing that relation to the Purchaser is satisfied with the Unit in all respects.
6.3 The Purchaser Relevant Property shall be obliged to take occupation of the Property on the day following the signature of the documentation that the Purchaser is satisfied with the Unit in all respects as stipulated in clause 6.2 hereof and shall have no claim whatsoever whether for damages, specific performance or otherwise against the Seller arising from the actual date of occupation differing from the anticipated date mentioned in clause 6.2 hereof.
6.4 In the event of postponed until the date of occupation preceding the date of transfer, the Purchaser shall pay Occupational Rental as stipulated in clause 12 of the SCHEDULE, payable monthly in advance before the 7th (seventh) day of each month to the Seller provided that should occupation only be given to the Purchaser which is five working days after the date of transfer, Consents have been obtained ("the Seller shall pay the Purchaser such occupational rental. The Seller shall however not be obliged to pay Occupational Rental to the Purchaser in the event of the Purchaser not having complied with all of its contractual obligations as set out in this Contract. The Purchaser's obligation to pay the Occupational Rental as stipulated in this clause shall commence from the date of occupation as determined in clause 6.3 hereof irrespective of whether or not the Purchaser is entitled to take occupation Relevant Property Date") in accordance with clause 6.1 hereof. Notwithstanding the provisions of this clause (6.4) Schedule. The Underlease and the Purchaser shall however not counterpart are to be liable for prepared by the payment of Occupational Rental until the date of issuing Vendor's solicitors and an engrossment of the occupation certificate by the local authority.
6.5 The Purchaser authorizes the conveyancer to do a set-off of any amount that may counterpart must be due as Occupational Rental, in terms hereof, or any other costs due delivered to the Seller whether as optional extras or otherwise, against any interest that may be due to solicitors of the Purchaser, and authorizes three working days before the conveyancer to effect payment of any amount so due as Occupational Rental to the Seller upon transfer of the Relevant Property in the name of the PurchaserDate.
6.6 It is recorded that the Purchaser is aware that, on the date of occupation, the buildings that form part of this Development Scheme may be incomplete and that the Purchaser must necessarily suffer inconvenience from the construction of such external works and from noise and dust resulting there from. The Purchaser shall not be entitled to cancel this Contract nor have any claim whatsoever against the Seller by reason of any of the aforegoing.
6.7 Until such time as the Property is transferred to the Purchaser and the Purchaser becomes a member of the Body Corporate, the Purchaser shall comply with all The Rules and regulations of the Body Corporate whatever form they may take as if he were the registered owner of the Property.
6.8 The Purchaser shall do nothing to cause the Seller to be in breach of its obligations in terms of The Rules and regulations or any other obligations which the Seller may have to the owners of other Units.
Appears in 1 contract
Samples: Purchase Agreement (Walker Interactive Systems Inc)
