Common use of RIGHTS AND OBLIGATIONS OF THE SELLER Clause in Contracts

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.

Appears in 9 contracts

Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale

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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. 32.

Appears in 1 contract

Samples: Deed of Sale Bond

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