Common use of Rectification of Defects Clause in Contracts

Rectification of Defects. 1. The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by the Developer or his nominee that the Property is ready for inspection, notify the Developer in writing of all or any defects in the Property, failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. The Developer shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be effected within 30 (thirty) days of such notification, at the Developer's cost. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. The Developer shall only be responsible for defects relating to faulty materials and/or workmanship and the Developer shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect. 7. The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. The Developer warrants that in respect of the Buildings : 11.8.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land. 10. The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. In the case of any defect for which the Developer is not liable, the Developer hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-contractor / supplier (to the extent that the Developer is not precluded therefrom). 12. Notwithstanding the aforegoing provisions, the Developer shall not be liable for any defects in the Property beyond the Occupation Date in respect of the following:

Rectification of Defects. 1. 27.1 The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by after the Developer or his nominee that the Property is ready for inspection, Contractual Occupation Date notify the Developer Seller in writing by way of a snaglist of all or any defects in the PropertyUnit, failing which the Purchaser shall be deemed to have accepted the Property Unit in good order and condition. The written notification Only ONE snaglist shall be hand delivered by considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Contractual Occupation Date and which is the result of defective materials and/or workmanship. 27.2 The Seller shall within a reasonable time remedy any material roof structure defects which may manifest themselves within 3 (three) years after the Contractual Occupation Date provided that the Purchaser notifies the Seller in writing within the said period of 3 (three) years of any such defects, failing which, the Purchaser shall be deemed to have accepted the Developer’s chosen domicilium address. Section in the condition in which the same is as at the Contractual Occupation Date. 27.3 The Developer Seller shall cause all such within a reasonable repairs as may be necessary to rectify such time remedy any material structural defects in accordance with the approved building plans Section which may manifest themselves within 5 (five) years after the Contractual Occupation Date provided that the Purchaser notifies the Seller in writing within the said period of 5 (five) years of any such defects, failing which, the Purchaser shall be deemed to be effected within 30 (thirty) days of such notification, have accepted the Section in the condition in which the same is as at the Developer's costContractual Occupation Date. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. 27.4 The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. The Developer Seller shall only be responsible in terms of clauses 27.1 to 27.3 above for defects relating to caused by faulty materials and/or workmanship and the Developer Seller shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. A 27.5 Upon the issue of a certificate issued of final completion by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect. 7. The Purchaser acknowledges and agrees that the Unit if required, the Purchaser shall have no claim whatsoever against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. The Developer warrants that Seller in respect of the Buildings : 11.8.1 the building contractor engaged to construct Subject Matter and/or any defects therein (whether patent or latent) other than in terms of clauses 27.1, 27.2 and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land27.3 (inclusive) above. 10. The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. 27.6 In the case event of any defect for which manifesting itself subsequent to the Developer is not liable14 (fourteen) day period referred to in clause 27.1 above, the Developer Seller hereby cedes to the Purchaser its rights to claim from the contractor/ contractor/nominated sub-contractor / contractor/supplier (to the extent that the Developer Seller is not precluded therefrom). 12. Notwithstanding 27.7 All undertakings hereby given to the aforegoing provisions, Purchaser are personal to the Developer Purchaser and cannot be alienated or disposed of by the Purchaser in any way. 27.8 The Purchaser shall not be liable for entitled to withhold, set off or retain any defects amounts owing by the Purchaser to the Seller nor shall the Purchaser be entitled to withhold or xxxxx payment of any amount due to the Seller in the Property beyond the Occupation Date in respect terms of the following:this Agreement.

Rectification of Defects. 1. 11.1 The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by the Developer Seller or his nominee that the Property is ready for inspection, notify the Developer Seller in writing of all or any defects in the Property, failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification shall be hand delivered by the Purchaser to the DeveloperSeller’s chosen domicilium address. The Developer Seller shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be effected within 30 (thirty) days of such notification, at the DeveloperSeller's cost. 2. 11.2 Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. 11.3 The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer Seller in writing of such defects that still require attention and the Developer Seller shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the DeveloperSeller's cost. This written notification shall be hand delivered by the Purchaser to the DeveloperSeller’s chosen domicilium address. 4. 11.4 The Purchaser shall allow the Developer Seller and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. 11.5 The Developer Seller shall only be responsible for defects relating to faulty materials and/or workmanship and the Developer Seller shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. 11.6 A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer Seller from any further obligation in respect of such defect. 7. 11.7 The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer Seller in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer Seller in accordance with the aforegoing provisions. 8. 11.8 The Developer Seller warrants that in respect of the Buildings : 11.8.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. 11.9 The Developer Seller shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land. 10. 11.10 The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer Seller shall be deemed to have fulfilled the DeveloperSeller's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer Seller in respect of the Common Property. 11. 11.11 In the case of any defect for which the Developer Seller is not liable, the Developer Seller hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-sub- contractor / supplier (to the extent that the Developer Seller is not precluded therefrom). 12. 11.12 Notwithstanding the aforegoing provisions, the Developer Seller shall not be liable for any defects in the Property beyond the Occupation Date in respect of the following:

Rectification of Defects. 1. 27.1 The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by after the Developer or his nominee that the Property is ready for inspection, Contractual Occupation Date notify the Developer Seller in writing by way of a snaglist of all or any defects in the PropertyUnit, failing which the Purchaser shall be deemed to have accepted the Property Unit in good order and condition. The written notification Only ONE snaglist shall be hand delivered by considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Contractual Occupation Date and which is the result of defective materials and/or workmanship. 27.2 The Seller shall within a reasonable time remedy any material roof structure defects which may manifest themselves within 3 (three) years after the date on which the municipal Certificate of Occupancy is issued provided that the Purchaser notifies the Seller in writing within the said period of 3 (three) years of any such defects, failing which, the Purchaser shall be deemed to have accepted the Developer’s chosen domicilium address. Section in the condition in which the same is as at the Contractual Occupation Date. 27.3 The Developer Seller shall cause all such within a reasonable repairs as may be necessary to rectify such time remedy any material structural defects in accordance with the approved building plans Section which may manifest themselves within 5 (five) years after the date on which the municipal Certificate of Occupancy is issued provided that the Purchaser notifies the Seller in writing within the said period of 5 (five) years of any such defects, failing which, the Purchaser shall be deemed to be effected within 30 (thirty) days of such notification, have accepted the Section in the condition in which the same is as at the Developer's costContractual Occupation Date. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. 27.4 The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. The Developer Seller shall only be responsible in terms of clauses 27.1 to 27.3 above for defects relating to caused by faulty materials and/or workmanship and the Developer Seller shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. A 27.5 Upon the issue of a certificate issued of final completion by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect. 7. The Purchaser acknowledges and agrees that the Unit the Purchaser shall have no claim whatsoever against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. The Developer warrants that Seller in respect of the Buildings : 11.8.1 the building contractor engaged to construct Subject Matter and/or any defects therein (whether patent or latent) other than in terms of clauses 27.1, 27.2 and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land27.3 (inclusive) above. 10. The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. 27.6 In the case event of any defect for which manifesting itself subsequent to the Developer is not liable14 (fourteen) day period referred to in clause 27.1 above, the Developer Seller hereby cedes to the Purchaser its rights to claim from the contractor/ contractor/nominated sub-contractor / contractor/supplier (to the extent that the Developer Seller is not precluded therefrom). 12. Notwithstanding 27.7 All undertakings hereby given to the aforegoing provisions, Purchaser are personal to the Developer Purchaser and cannot be alienated or disposed of by the Purchaser in any way. 27.8 The Purchaser shall not be liable for entitled to withhold, set off or retain any defects amounts owing by the Purchaser to the Seller nor shall the Purchaser be entitled to withhold or xxxxx payment of any amount due to the Seller in the Property beyond the Occupation Date in respect terms of the following:this Agreement.

Rectification of Defects. 1. 11.1 The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by the Developer or his nominee that the Property is ready for inspectionOccupation Date, to notify the Developer Owner in writing of all or any defects in the Property, failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification shall be furnished to the Owner via e-mail to , alternatively the notice shall be hand delivered by the Purchaser to the DeveloperBuilding Contractor’s chosen domicilium address. The Developer shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be effected within 30 (thirty) days of such notification, at the Developer's cost. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer Owner shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the DeveloperBuilding Contractor's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. 11.2 The Purchaser shall allow the Developer and workmen Owner access to the Property, within 7 days of request, Property during normal business hours in order to attend to the reasonable repairs. 5. 11.3 The Developer Building Contractor shall only be responsible for defects relating to faulty materials and/or workmanship and the Developer Owner and/or Building Contractor shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. 11.4 A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer Owner from any further obligation in respect of such defect. 7. 11.5 The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer Owner in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer Owner in accordance with the aforegoing provisions. 8. 11.6 The Developer Owner warrants that in respect of the Buildings : 11.8.1 the building contractor 11.6.1 The Building Contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 the 11.6.2 The Buildings will be enrolled with the National Home Builders Registration Council; 9. 11.7 The Developer Building Contractor shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land. 10. 11.8 The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer Owner shall be deemed to have fulfilled the DeveloperBuilding Contractor 's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer Owner in respect of the Common Property. 11. 11.9 In the case of any defect for which the Developer Owner is not liable, the Developer Owner hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-contractor / supplier (to the extent that the Developer Owner is not precluded therefrom). 12. 11.10 Notwithstanding the aforegoing provisions, the Developer Owner shall not be liable for any defects in the Property beyond the Occupation Date in respect of the following: 11.10.1 hairline cracks in the plaster work; 11.10.2 any minor shrinkages/movement in expansion cracks between the different components but as materials used for cracking that might appear in the control movements of joints. 11.11 In addition, the Purchaser shall not have any claim of any nature against the Owner and/or Building Contractor for any loss, damage or injury which the Purchaser, his agents and/or invitees may directly or indirectly suffer by reason of any latent or patent defects in the Property or any part thereof being in a defective condition or state of disrepair or arising out of vis major or casus fortuitous or any other cause either wholly or partly beyond the Building Contractor's control or arising out of any act or omission by any other owner in the Development. 11.12 All warranties and undertakings hereby given to the Purchaser in terms of this Agreement are personal to the Purchaser and cannot be alienated or transferred by the Purchaser in any way. 11.13 The Purchaser shall not be entitled to withhold, set-off or retain any amounts owing by the Purchaser to the Owner nor shall the Purchaser be entitled to withhold or xxxxx payment of any amount due to the Owner in terms of the Agreement, regardless of whether any defects have not yet been rectified.

Rectification of Defects. 1. 25.1 The Purchaser shall be obliged, within 14 7 (fourteenseven) days from date of written notification by after the Developer or his nominee that the Property is ready for inspection, Contractual Occupation Date notify the Developer Seller in writing by way of a snaglist of all or any defects in the PropertyUnit, failing which the Purchaser shall be deemed to have accepted the Property Unit in good order and condition. The written notification Only ONE snaglist shall be hand delivered by considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Contractual Occupation Date and which is the result of defective materials and/or workmanship. 25.2 The Seller shall within a reasonable time remedy any defect in respect of exterior roof leaks and gutter leaks in the Unit (if applicable) which may manifest themselves within 12 (twelve) months after the Contractual Occupation Date provided that the Purchaser notifies the Seller in writing within the said period of 12 (twelve) months of any such defects, failing which, the Purchaser shall be deemed to have accepted the Developer’s chosen domicilium address. Section in the condition in which the same is as at the Contractual Occupation Date. 25.3 The Developer Seller shall cause all such within a reasonable repairs as may be necessary to rectify such time remedy any material structural defects in accordance with the approved building plans Section which may manifest themselves within 5 (five) years after the Contractual Occupation Date provided that the Purchaser notifies the Seller in writing within the said period of 5 (five) years of any such defects, failing which, the Purchaser shall be deemed to be effected within 30 (thirty) days of such notification, have accepted the Section in the condition in which the same is as at the Developer's costContractual Occupation Date. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. 25.4 The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. The Developer Seller shall only be responsible in terms of clauses 25.1 to 25.3 above for defects relating to caused by faulty materials and/or workmanship and the Developer Seller shall under no circumstances be liable for any consequential loss or damage. . 25.5 Upon the issue of a certificate of final completion by the Principal Agent in respect of the Unit the Purchaser shall have no claim whatsoever against the Seller in respect of the Subject Matter and/or any defects therein (whether patent or latent) other than in terms of clauses 25.1, 25.2 and 25.3 (inclusive) above. 25.6 All undertakings hereby given to the Purchaser are personal to the Purchaser and cannot be alienated or disposed of by the Purchaser in any way. 25.7 The Purchaser hereby waives shall not be entitled to withhold, set off or retain any claim relating amounts owing by the Purchaser to the Seller nor shall the Purchaser be entitled to withhold or xxxxx payment of any such loss or damageamount due to the Seller in terms of this Agreement. 6. A certificate issued 25.8 In the event of any dispute arising between the Seller and Purchaser as to the reasonableness of any defect contained in the snaglist provided by the Architect Purchaser referred to in clause 25.1 above, the Principal Agent will decide as to the effect that any defect has been rectified reasonableness or not, acting as an expert and not as an arbitrator and his decision shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defectParties. 7. The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. The Developer warrants that in respect of the Buildings : 11.8.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land. 10. The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. In the case of any defect for which the Developer is not liable, the Developer hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-contractor / supplier (to the extent that the Developer is not precluded therefrom). 12. Notwithstanding the aforegoing provisions, the Developer shall not be liable for any defects in the Property beyond the Occupation Date in respect of the following:

Rectification of Defects. 1. 11.1 The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by the Developer or his nominee that the Property is ready for inspection, notify the Developer in writing of all or any defects in the Property, failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. The Developer shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be effected within 30 (thirty) days of such notification, at the Developer's cost. 2. 11.2 Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account.reflected 3. 11.3 The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. 11.4 The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. 11.5 The Developer shall only be responsible for defects relating to faulty materials and/or workmanship and the Developer shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. 11.6 A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect. 7. 11.7 The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. 11.8 The Developer warrants that in respect of the Buildings : 11.8.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. 11.9 The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land. 10. 11.10 The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. 11.11 In the case of any defect for which the Developer is not liable, the Developer hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-contractor / supplier (to the extent that the Developer is not precluded therefrom). 12. 11.12 Notwithstanding the aforegoing provisions, the Developer shall not be liable for any defects in the Property beyond the Occupation Date in respect of the following:

Rectification of Defects. 1. 11.1 The Purchaser shall be obliged, within 14 7 (fourteenseven) days from date of written notification by the Developer or his nominee that the Property is ready for inspection, notify the Developer in writing of all or any defects in the Property, failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification shall be furnished to the Developer via e-mail to xxxx@xxxxx.xxx alternatively the notice shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. The Developer shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be effected within 30 (thirty) days of such notification, at the Developer's cost. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. 11.2 The Purchaser shall further be obliged, within 14 7 (fourteenseven) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall also be furnished to the Developer via e-mail to xxxx@xxxxx.xxx, alternatively the notice shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. 11.3 The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, Property during normal business hours in order to attend to the reasonable repairs. 5. 11.4 The Developer shall only be responsible for defects relating to faulty materials and/or workmanship and the Developer shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. 11.5 A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect. 7. The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. 11.6 The Developer warrants that in respect of the Buildings : 11.8.1 11.6.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 11.6.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. 11.7 The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land. 10. 11.8 The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. 11.9 In addition, the case Purchaser shall not have any claim of any defect nature against the Developer for any loss, damage or injury which the Developer is not liablePurchaser, the Developer hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-contractor / supplier (to the extent that the Developer is not precluded therefrom). 12. Notwithstanding the aforegoing provisions, the Developer shall not be liable for his agents and/or invitees may directly or indirectly suffer by reason of any latent or patent defects in the Property or any part thereof being in a defective condition or state of disrepair or arising out of vis major or casus fortuitous or any other cause either wholly or partly beyond the Occupation Date Developer's control or arising out of any act or omission by any other owner in respect the Development. 11.10 All warranties and undertakings hereby given to the Purchaser in terms of this Agreement are personal to the Purchaser and cannot be alienated or transferred by the Purchaser in any way. 11.11 The Purchaser shall not be entitled to withhold, set-off or retain any amounts owing by the Purchaser to the Developer nor shall the Purchaser be entitled to withhold or xxxxx payment of any amount due to the Developer in terms of the following:Agreement, regardless of whether any defects have not yet been rectified.

Rectification of Defects. 16.1. The Purchaser shall be obliged, within 14 30 (fourteenthirty) days from date of written notification by the Developer or his nominee that the Property is ready for inspectionafter transfer, notify the Developer in writing Seller of all or any defects in by completing the Propertyprescribed defects form which will be handed to the Purchaser on date of occupation of the Property by the Purchaser, failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification Seller shall be hand delivered cause any reasonable repairs as notified by the Purchaser to the Developer’s chosen domicilium address. The Developer shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be effected within 30 (thirty) days of such notification, as soon as reasonably possible thereafter at the Developer's Seller’s cost. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 36.2. The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. The Developer Seller shall only be responsible in terms of this clause for defects relating arising as a result of faulty workmanship and/or materials, to faulty materials and/or workmanship the extent that such liability is imposed in the CPA, and the Developer shall under no circumstances be responsible for damage or loss caused by normal wear and tear, misuse, neglect, negligence, abuse, accident or in respect of or arising from any risk insurable in terms of homeowner's insurance policies issued by South African insurance companies. The Seller shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damagedamage of the Purchaser. 66.3. A certificate issued by the Architect to the effect Architect, stating that any defect for which the Seller is liable in terms of this clause 6 has been rectified made good shall be final and binding on both parties Parties and shall relieve the Developer Seller from any further obligation in respect of such defectobligations other than obligations imposed by the CPA or other legislation. 76.4. The Purchaser acknowledges and agrees Seller confirms that the Purchaser shall have no claim against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or building project on the Property save for defects of which has been enrolled at the Purchaser has notified the Developer NHBRC in accordance with the aforegoing provisionsprovisions of Section 14 of the HCPMA. 86.5. The Developer warrants Notwithstanding the above clauses dealing with possible defects / faulty workmanship, the Seller shall: 6.5.1. subject to the limitations and exclusions that may be prescribed by the Minister of Housing, at its cost and upon demand by the Purchaser, rectify major structural defects in the home on the Property caused by the non- compliance of the Seller with the NHBRC Technical Requirements, as contemplated in Section 7(2)(d) of the HCPMA, and occurring within a period of 5 (five) years from date of occupation of the Property by the Purchaser and notified to Seller by the Purchaser within that period; and 6.5.2. repair roof leaks attributable to workmanship, design or materials occurring and notified to it by the Purchaser within a period of 12 (twelve) months from date of occupation of the Property by the Purchaser. 6.6. Save as specifically set out in this Agreement, the Seller has made no representations and given no warranties in respect of the Buildings : 11.8.1 Property or the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council Building or in respect of the Propertyanything relating thereto, the Building and other structures to be erected upon the Land. 10. The Common Property shall on the establishment of the Body Corporate, be inspected than warranties imposed by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common PropertyCPA or other legislation. 11. In the case of any defect for which the Developer is not liable, the Developer hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-contractor / supplier (to the extent that the Developer is not precluded therefrom). 12. Notwithstanding the aforegoing provisions, the Developer shall not be liable for any defects in the Property beyond the Occupation Date in respect of the following:

Rectification of Defects. 1. 11.1 The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by the Developer or his nominee that the Property is ready for inspection, notify the Developer in writing of all or any defects in the Property, failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. The Developer shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be effected within 30 (thirty) days of such notification, at the Developer's cost. 2. 11.2 Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. 11.3 The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. 11.4 The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. 11.5 The Developer shall only be responsible for defects relating to faulty materials and/or workmanship and the Developer shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. 11.6 A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect. 7. 11.7 The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. 11.8 The Developer warrants that in respect of the Buildings : 11.8.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. 11.9 The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land. 10. 11.10 The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. 11.11 In the case of any defect for which the Developer is not liable, the Developer hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-contractor / supplier (to the extent that the Developer is not precluded therefrom). 12. 11.12 Notwithstanding the aforegoing provisions, the Developer shall not be liable for any defects in the Property beyond the Occupation Date in respect of the following:

Rectification of Defects. 1. 27.1 The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by after the Developer or his nominee that the Property is ready for inspection, Contractual Occupation Date notify the Developer Seller in writing by way of a snaglist of all or any defects in the PropertyUnit, failing which the Purchaser shall be deemed to have accepted the Property Unit in good order and condition. The written notification Only ONE snaglist shall be hand delivered by considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Contractual Occupation Date and which is the result of defective materials and/or workmanship. 27.2 The Seller shall within a reasonable time remedy any material roof structure defects which may manifest themselves within 3 (three) years after the date of the municipal Certificate of Occupancy provided that the Purchaser notifies the Seller in writing within the said period of 3 (three) years of any such defects, failing which, the Purchaser shall be deemed to have accepted the Developer’s chosen domicilium address. Section in the condition in which the same is as at the date of the said Occupancy Certificate. 27.3 The Developer Seller shall cause all such within a reasonable repairs as may be necessary to rectify such time remedy any material structural defects in accordance with the approved building plans Section which may manifest themselves within 5 (five) years after the date of the municipal Certificate of Occupancy provided that the Purchaser notifies the Seller in writing within the said period of 5 (five) years of any such defects, failing which, the Purchaser shall be deemed to be effected within 30 (thirty) days of such notification, have accepted the Section in the condition in which the same is as at the Developer's costdate of the said Certificate of Occupancy. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. 27.4 The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. The Developer Seller shall only be responsible in terms of clauses 27.1 to 27.3 above for defects relating to caused by faulty materials and/or workmanship and the Developer Seller shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect. 7. 27.5 The Purchaser acknowledges and agrees that the Purchaser shall have no claim whatsoever against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. The Developer warrants that Seller in respect of the Buildings : 11.8.1 the building contractor engaged to construct Subject Matter and/or any defects therein (whether patent or latent) other than in terms of clauses 27.1, 27.2 and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land27.3 (inclusive) above. 10. The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. 27.6 In the case event of any defect for which manifesting itself subsequent to the Developer is not liable14 (fourteen) day period referred to in clause 27.1 above, the Developer Seller hereby cedes to the Purchaser its rights to claim from the contractor/ contractor/nominated sub-contractor / contractor/supplier (to the extent that the Developer Seller is not precluded therefrom). 12. Notwithstanding 27.7 All undertakings hereby given to the aforegoing provisions, Purchaser are personal to the Developer Purchaser and cannot be alienated or disposed of by the Purchaser in any way. 27.8 The Purchaser shall not be liable for entitled to withhold, set off or retain any defects amounts owing by the Purchaser to the Seller nor shall the Purchaser be entitled to withhold or xxxxx payment of any amount due to the Seller in the Property beyond the Occupation Date in respect terms of the following:this Agreement.

Rectification of Defects. 1. 11.1 The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by the Developer or his nominee that the Property is ready for inspection, notify the Developer in writing of all or any defects in the Property, failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification shall be furnished to the Developer via e- mail to xxxxxxxx@xxxxx.xxx, alternatively the notice shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. The Developer shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be effected within 30 (thirty) days of such notification, at the Developer's cost. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. 11.2 The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall also be furnished to the Developer via e-mail to xxxxxxxx@xxxxx.xxx , alternatively the notice shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. 11.3 The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, Property during normal business hours in order to attend to the reasonable repairs. 5. 11.4 The Developer shall only be responsible for defects relating to faulty materials and/or workmanship and the Developer shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. 11.5 A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect. 7. 11.6 The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. 11.7 The Developer warrants that in respect of the Buildings : 11.8.1 11.7.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 11.7.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. 11.8 The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land. 10. 11.9 The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. 11.10 In the case of any defect for which the Developer is not liable, the Developer hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-contractor / supplier (to the extent that the Developer is not precluded therefrom). 12. 11.11 Notwithstanding the aforegoing provisions, the Developer shall not be liable for any defects in the Property beyond the Occupation Date in respect of the following:

Rectification of Defects. 1During the Defects Liability Period, the Council may give to the Developer a Rectification Notice. The Purchaser shall Developer must comply with a Rectification Notice at its own cost. The Developer must comply with the Rectification Notice within a period of time that is reasonable having regard to the practical performance of works required to be obligedperformed by the Rectification Notice. When the Developer considers that rectification is complete, the Developer must give to the Council a Rectification Certificate relating to the item of work the subject of the relevant Rectification Notice and submit to the Council the Works-as- Executed Records and written notice for an item of work on which it proposes to hand-over of the item of work. Council acting reasonably can, within 14 20 Business Days of receipt of the notice under clause 33.4: 33.5.1 request information (fourteenin addition to the Works-as-Executed Records) days from date that is relevant to the completion of written notification the item of work and delay the hand-over of the item of work until the Developer has provided the additional information requested to Council’s reasonable satisfaction, or 33.5.2 determine that the Item of Work has not meet the design and specification approved by Council and issue a further Rectification Notice implemented as pursuant to this Clause. If the Developer does not comply with a Rectification Notice within the time provided at clause 33.3, the Council may, subject to clause 33.7, do such things as are necessary to rectify the Defect and may recover, as a debt due and owing in a court of competent jurisdiction, any reasonable cost incurred by the Developer or his nominee that Council in rectifying the Property is ready for inspectionDefect. Before the Council may rectify any Defect in accordance with clause 33.6, it must; 33.7.1 notify the Developer in writing of all or any defects in its intention to exercise its right pursuant to clause 33.6; 33.7.2 provide the Property, failing which the Purchaser shall be deemed Developer a further 14 days to have accepted the Property in good order and condition. The written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. The Developer shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance comply with the approved building plans to be effected within 30 (thirty) days Rectification Notice or provide some other response in writing; and 33.7.3 reasonably consider the content of such notification, at the Developer's cost. 2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account. 3. The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This any other written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. 4. The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 5. The Developer shall only be responsible for defects relating to faulty materials and/or workmanship and the Developer shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 6. A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect. 7. The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions. 8. The Developer warrants that in respect of the Buildings : 11.8.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 9. The Developer shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty response provided by the National Home Builders Registration Council Developer provided in respect of the Property, the Building and other structures to be erected upon the Landthat 14 day period. 10. The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Developer shall be deemed to have fulfilled the Developer's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Developer in respect of the Common Property. 11. In the case of any defect for which the Developer is not liable, the Developer hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub-contractor / supplier (to the extent that the Developer is not precluded therefrom). 12. Notwithstanding the aforegoing provisions, the Developer shall not be liable for any defects in the Property beyond the Occupation Date in respect of the following: