RIGHTS AND OBLIGATIONS OF THE SELLER. 15.1 The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse.
15.2 The Seller shall develop and market the Development in phases (as the Seller deems fit) and, for as long as the Seller is a member of the HOA, the Seller shall enjoy unrestricted rights with regard to the marketing of the Development and, in particular, the right to erect signage within and outside of the Development.
15.3 The Seller has reserved the right and is entitled to build and establish on the Development other amenities and facilities as it in its sole discretion deems fit. The Seller shall in its sole discretion, be entitled to establish such aforementioned amenities and facilities on any portion of the Development with the approval of the local or relevant authority and operate same for its own benefit, separate and independent from the remainder of the Development.
15.4 With regards to facilities situated on the so-called Greater Val de Vie Estate (i.e. the areas falling under the jurisdiction of the Val de Vie Winelands Lifestyle Estate Homeowners’ Association and the Val de Vie II Homeowners’ Association (“the VDV HOAs”) adjacent to the Pearl Valley Estate, the Purchaser shall, as a member of the HOA, be entitled to access to the facilities and land forming part of the Greater Val de Vie Estate –
15.4.1 on the basis that such access is not indefinite and can be revoked by the VDV HOAs on short notice to the HOA; and
15.4.2 subject to conditions of membership or other rules laid down by the owners of such facilities and/or the VDV HOAs.
15.5 The Seller, or its successors-in-title shall, be entitled to apply for, and subject to the necessary approval being granted by the local authority, vary the layout and/or zoning and/or size and/or boundaries of xxxxx and/or the extent and position of streets comprising the Development, provided that the Seller shall do so in consultation with the Purchaser if any such variation shall materially adversely affect the rights of the Purchaser and shall be bound thereby and shall have no claim of whatsoever nature against the Seller or its successors-in-title arising therefrom.
RIGHTS AND OBLIGATIONS OF THE SELLER. 31.1 The Seller shall reasonably insure against public liability on or around the Works from the commencement of building operations in terms of this contract and until the risk in the Works has passed to the Purchaser:
31.1.1 The Seller shall not be deemed in default of this Agreement and shall be exempted from liability for making good damages, nor shall it hold the other Party responsible for any cessation, interruption or delay in the performance of its obligations due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflicts, labour strike, lock out, boycott or other similar events beyond the reasonable control of either Party, provided that the Party relying upon this provision gives the other party prompt written notice thereof and takes all steps reasonably necessary to mitigate the effects of the force majeure event.
31.2 The Seller reserves the right to alter the position of any drain or drain pipe as shown on the working drawings to suit the level of the ground should it be necessary.
31.3 Notwithstanding anything to the contrary herein contained, ownership of all materials built onto the Erf shall remain vested in the Seller until such time as all amounts due in terms of this Agreement have been paid in full. The provisions of this Clause shall apply notwithstanding the fact that such materials may have otherwise acceded to the Erf or any building situated on the Erf.
31.4 Copies of the following documentation will be supplied by the Seller to the Purchaser on Date of Occupation:
31.4.1 Electrical Compliance Certificate;
31.4.2 Roof Certificate (A19);
31.4.3 Copy of approved Plan;
31.4.4 Plumbing COC;
31.4.5 Occupation Certificate issued by the Local Authority.
31.5 The Seller is entitled to enter into contracts with any third party to sub- Contract any of the Works, provided that the rights of the Purchaser in terms of this Agreement against the Seller shall not be affected in any way by such sub- contracting Agreement.
RIGHTS AND OBLIGATIONS OF THE SELLER. The Seller is entitled to utilise any one or more of its unsold houses/ buildings on the Development until all the xxxxx in the Development have been sold as a sales office and/or a show house and/or temporary functional clubhouse.
RIGHTS AND OBLIGATIONS OF THE SELLER. 1. The seller must deliver the buyer the goods , upload documents the goods covered, and allow the purchaser to acquire title goods in accordance with the contract.
2. If the seller is not required under the purchase contract to deliver the goods in place, the supply of goods is made and hand to the carrier whose identification the purchaser reserves the right to. The right choice of carrier handing over the goods belongs to the seller.
3. The seller must deliver the goods at any time during the period, which is determined. The period in which to deliver the goods begins with the payment of the purchase prices.
4. If there is not an agreed period of delivery, the seller is obliged without prompting the buyer to deliver the goods within a reasonable time taking into account the nature of the goods and the delivery point.
5. If the seller under the purchase contract to send goods is entitled to do so with the condition that the goods will be sent to the buyer only upon payment of the purchase price.
RIGHTS AND OBLIGATIONS OF THE SELLER. Subject to and in accordance with the provisions of this paragraph the Seller or its duly authorised agents shall, in respect of all accounting periods ending on or before Closing, and at its own cost:
RIGHTS AND OBLIGATIONS OF THE SELLER. The Seller is obliged to supply to the Buyer the Goods in accordance with the Specifications stated in Attachments 1, 2, 3 and 4 hereof, requirements of all applicable legal regulations and standards, free of any defects, suitable to the purpose for which the Goods are intended, and in the deadline agreed in Attachment 1 hereof. The Seller is obliged to train Buyer’s operational personnel for operation, control and maintenance of ball valve actuators. The Seller is obliged to ensure such training along with issuing relevant certificates confirming the completion of the training as follows: for the area West eustream, a.s. in the facility KS 04 Ivanka pri Nitre, Slovakia, in the number of 20 Buyer’s employees, a for the area East eustream, a.s. in the facility KS 02 Jablonov nad Turňou, Slovakia, in the number of 20 Buyer’s employees. All documentation used within the training has to be in the Slovak language and the language of the training shall be Slovak. The Seller commits to perform the Contract: on its own behalf an to its own risk; with due professional care by means of properly qualified and skilled personnel; using technological means, raw material and production procedures corresponding to contractual requirements hereof to the quality of Goods and in accordance with good market practice; In performing the Contract, the Seller also commits: To utilize all reasonably applicable measures for quality assurance in accordance with applicable international quality assurance rules. Fully inform itself and carefully study this Contract including annexes hereof as well as all other additional or supplementing documents and specifications provided by the Buyer to the Seller in relation to this Contract (if provided for). Within 10 business days from receipt of respective documents or information to the Seller, to notify the Buyer in writing of incompleteness, ambiguities or discrepancies among specifications pursuant to this Contract and/or any other documents or information provided by the Buyer to the Seller under this Contract, or any mistake, omission or discrepancy within these documents or among them or among these documents and requirement of applicable legal regulations or standards, which can affect fulfilment of this Contract by the Seller, and propose a manner of elimination of such deficiencies. To request in writing for any further information needed for proper fulfilment of this Contract from the Buyer only if the Seller is not able to ensure ...
RIGHTS AND OBLIGATIONS OF THE SELLER and the Buyer – Buyer as Data Controller of certain Personal Data relating to Seller
10.1.1 The Buyer and its Affiliates will Process on their own behalf (each as a Data Controller) certain Personal Data relating to the Seller, its affiliates, its and their suppliers, and its and their employees. For details, see the Business Partner Privacy Notice available at xxxxx://xxx.xxx.xxx/legal/legal-documents (as varied or replaced from time to time).
10.1.2 The Buyer shall, where it acts as a Data Controller, notify the Seller as soon as is reasonably practicable after becoming aware of a breach affecting Personal Data relating to the Seller as Processed by the Buyer pursuant to clause 10.1.1 above, and shall consult with the Seller about such steps as may reasonably be necessary or appropriate to investigate, mitigate and remediate the Data Breach and otherwise assist the Parties to discharge their respective obligations under applicable data protection law.
RIGHTS AND OBLIGATIONS OF THE SELLER. 3.1. The Seller guarantees that the following points are true:
3.1.1. By signing this Agreement, the Seller confirms and guarantees that he is the sole legal owner of Lot, who has the right to sell, use and dispose of it, and until the conclusion of this Agreement, the Lot has not been alienated in whole or in part in any way, including not sold, given, exchanged, pledged, invested or otherwise encumbered or restricted.
3.1.2. The Seller is obliged to inform the Auction house in written format about any changes in the Lot's ownership, the right to sell the Lot and changes in its physical condition.
3.1.3. The Seller will not participate in the auction as the Buyer of its Lot and will not authorize another person to buy the Lot in its own interest.
3.1.4. It is the Seller's responsibility to provide true information about himself and the persons authorized by him. The person authorized by the Seller must present a notarized power of attorney to represent the Seller's interests in the auction.
3.1.5. The Seller guarantees that the Lot is not a Counterfeit.
3.2. If any of the points above are violated, the Seller is obliged to compensate all losses incurred to the Auction house and the Buyer related to the legal status of the Lot, the value of the Lot or its purchase-sale process
3.3. The Seller shall submit to the Auction house a report on the Expertise of the Lot certifying that the Lot is not a counterfeit.
3.4. If the Seller does not have convincing evidence of the authenticity of the Lot and the Seller does not have a report on Expertise of the Lot, the Auction house shall, on behalf of the Seller and at the Seller's expense, do the Expertise of the Lot at the lowest possible price. Irrespective of the results of the Expertise of the Lot, the Seller receives the report on the Expertise of the Lot or a copy of it and pays the expenses according to the requested invoice. If the Seller is unable to pay for the Expertise of the Lot before the auction, he may do it within one month after the auction
3.5. If the Lot is not a counterfeit and the Seller wishes to withdraw the Lot from the auction after it is published in the auction catalogue, the Seller will pay a contractual penalty as compensation for lost profits in the amount of 30% from the Lot’s Starting Price.
3.6. The Seller does not disclose the provisions of this Agreement to the third parties. An exception is a case when such information is requested in accordance with the law.
3.7. The Seller is inf...
RIGHTS AND OBLIGATIONS OF THE SELLER. 19.1. The Seller shall during the construction of the dwelling, maintain sufficient public liability insurance.
19.2. Notwithstanding anything to the contrary herein contained, ownership of all materials used in the execution of the Works shall remain vested in the Seller until such time as all amounts due in terms of this Agreement have been paid in full.
19.3. Copies of the following documentation will be supplied by the Seller to the Purchaser on Completion Date:
RIGHTS AND OBLIGATIONS OF THE SELLER. 3.1.1. The Seller undertakes to deliver to the Buyer Goods of the proper quality, conforming to the certificates, to another technical documentation, and to the sanitary norms and rules, if those goods are in stock at the Sellers warehouse, against a drawn order of the Buyer, not later than in 24 hours upon receiving the order.
3.1.2. The Seller undertakes to replace the poor quality Goods within 5 (five) days from the time of receiving the notice about such Goods from the Buyer. The Goods should be considered as being of poor quality, if they have obvious or hidden defects, as well as the Goods, returned by the third parties, on the grounds of having in them defects, arising due to the Sellers fault, and not mentioned by the latter at the delivery, as well as the Goods, the written content of which doesn't meet the requirements of the present law.
3.1.3. In the case, when Goods are not in stock at the Seller's warehouse, the Seller undertakes to notify the Buyer within 24 hours about possible date of delivery.
3.1.4. The Seller undertakes to prepare the transport documentation for the shipments.
3.1.5. The Seller undertakes to provide the quality guarantee within the guarantees of the manufacturer.
3.1.6. The Seller undertakes, on a daily basis, to provide the Buyer with the information about his stock, according to the price-list. Such information should be delivered in electronic form.
