Common use of SELLER'S WARRANTIES AND INDEMNITY Clause in Contracts

SELLER'S WARRANTIES AND INDEMNITY. The SELLER warrants that: 16.1 the SELLER shall notify the PURCHASER, by notice, when any improvements to be effected by the SELLER have been completed. The PURCHASER shall, within 7 (seven) days of such notification, together with a representative from the SELLER, agree and sign a snag list, which list shall detail all items in respect of the PROPERTY which require remedial work by the SELLER. The SELLER shall attend to those items as soon as reasonably possible after receipt of the list. Once such snags have been made good to the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER shall have no further claim against the SELLER, save as otherwise provided for herein. It is specifically agreed that the PURCHASER may not take occupation of the PROPERTY prior to compliance with the foregoing. In addition, the PURCHASER shall, as soon as such snag list has been attended to by the SELLER, provide the SELLER with all documentation necessary to release any retention on any loan granted by any mortgagee to the PURCHASER in respect of the PROPERTY and, whether or not this is included in such documentation, shall confirm in writing to the SELLER that it is satisfied with the PROPERTY in all respects (including being satisfied with the improvements thereon); 16.2 the SELLER shall rectify defects in respect of improvements effected by the SELLER and resulting from defective materials or workmanship which arise within 90 (ninety) days of the OCCUPATION DATE provided written notice thereof is received by the SELLER within 90 (ninety) days of the OCCUPATION DATE; 16.3 the PURCHASER shall have no other claims against the SELLER arising from the construction of the building and PROPERTY save as is provided for herein, the parties recording that NHBRC registration costs will be paid by the SELLER. 16.4 Notwithstanding any provision of this agreement to the contrary, the SELLER shall not be obliged to transfer the PROPERTY to the PURCHASER prior to completion of the improvements. 16.5 If there is any dispute between the PURCHASER and the SELLER as to whether the PROPERTY has been constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the PROPERTY due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties.

SELLER'S WARRANTIES AND INDEMNITY. The SELLER Seller warrants that: 16.1 15.1 the SELLER Seller shall notify the PURCHASERPurchaser, by written notice, when any improvements to be effected by the SELLER Seller have been completed. The PURCHASER Purchaser shall, within 7 (seven) days of such notification, together with a representative from the SELLERSeller, agree and sign a snag list, which list shall detail all items in respect of the PROPERTY Property which require remedial work by the SELLERSeller. The SELLER Seller shall attend to those items as soon as reasonably possible after receipt of the list. Once such snags have been made good The Seller shall not be liable to attend to any further snagging work after having completed the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding necessary work detailed on the parties), the PURCHASER shall have no further claim against the SELLER, save as otherwise provided for hereinlist. It is specifically agreed that the PURCHASER Purchaser may not take occupation of the PROPERTY Property prior to compliance with the foregoing. In addition, the PURCHASER shallPurchaser shall within 7 (seven) days, as soon as such snag list has been attended to by the SELLERSeller, provide the SELLER Seller with all documentation necessary to release any retention on any loan granted by any mortgagee to the PURCHASER Purchaser in respect of the PROPERTY Property and, whether or not this is included in such documentation, shall confirm in writing to the SELLER Seller that it is satisfied with the PROPERTY Property in all respects (including being satisfied with the improvements thereon); 16.2 15.2 the SELLER Seller shall rectify defects in respect of improvements effected by the SELLER Seller and resulting from defective materials or workmanship which arise within 90 60 (ninetysixty) days of the OCCUPATION DATE occupation date provided written notice thereof is received by the SELLER Seller within 90 60 (ninetysixty) days of the OCCUPATION DATEoccupation date; 16.3 15.3 the PURCHASER Purchaser shall have no other claims against the SELLER Seller arising from the construction of the building and PROPERTY Property save as is provided for herein, the parties recording that NHBRC registration costs will be paid by the SELLERSeller. 16.4 15.4 Notwithstanding any provision of this agreement to the contrary, the SELLER Seller shall not be obliged to transfer the PROPERTY Property to the PURCHASER Purchaser prior to completion of the improvements. 16.5 If there is any dispute between the PURCHASER and the SELLER as to whether the PROPERTY has been constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the PROPERTY due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties.

SELLER'S WARRANTIES AND INDEMNITY. The SELLER Seller warrants that: 16.1 the SELLER shall notify the PURCHASER, by notice, when any improvements to be effected by the SELLER have been completed. a. The PURCHASER Purchaser shall, within 7 (sevenSeven) days of such notificationsignature of this agreement, together with a representative from the SELLERSeller, agree and sign a once off final snag list, which list shall detail all items in respect of the PROPERTY Property which require remedial work by the SELLERSeller. The SELLER Seller shall attend to those items as soon as reasonably possible after receipt of the list. Once such snags have been made good The Seller shall not be liable to attend to any further snagging work after having completed the satisfaction of the ARCHITECT (acting as an expert and not an arbitrator and whose decision shall be final and binding necessary work detailed on the parties), the PURCHASER shall have no further claim against the SELLER, save as otherwise provided for hereinlist. It is specifically agreed that the PURCHASER Purchaser may not take occupation nor take transfer of the PROPERTY said the Property prior to compliance with the foregoing. In addition, the PURCHASER The Purchaser shall, as soon as such snag list has been attended to by the SELLERSeller, provide the SELLER with all documentation necessary to release any retention on any loan granted by any mortgagee to the PURCHASER in respect of the PROPERTY and, whether or not this is included in such documentation, shall confirm in writing to the SELLER Seller that it is satisfied with the PROPERTY Property in all respects (including being satisfied with the improvements thereon)respects; 16.2 b. the SELLER shall rectify defects in respect of improvements effected by the SELLER and resulting from defective materials or workmanship which arise within 90 (ninety) days of the OCCUPATION DATE provided written notice thereof is received by the SELLER within 90 (ninety) days of the OCCUPATION DATE; 16.3 the PURCHASER Purchaser shall have no other claims against the SELLER Seller arising from the construction of the building and PROPERTY Property save as is provided for herein, the parties recording that . (NHBRC registration costs will be paid by the SELLERSeller). 16.4 Notwithstanding any provision of this agreement to the contrary, the SELLER shall not be obliged to transfer the PROPERTY to the PURCHASER prior to completion of the improvements. 16.5 c. If there is any dispute between the PURCHASER Purchaser and the SELLER Seller as to whether the PROPERTY unit has been constructed construed substantially in accordance with the PLAN approved plan, and/or has been erected in substantially the position as reflected in the SITE PLAN site plan and/or is sufficiently complete for beneficial occupation and/or whether there are any defects in the PROPERTY unit due to defective materials or workmanship, then such dispute shall be referred to the ARCHITECT architect (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the parties. d. that the property will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No 95 of 1998. e. that the property will be enrolled with the National Home Builders Registration Council as contemplated in the Housing Consumer Protection Measures Act, No 95 of 1998. f. To rectify any major structural defects in the property caused by non-compliance with the NHBRC’s technical requirements which occur within a period of 5 (five) years from the date that the occupational certificate was issued by the City of Tshwane and of which the Seller is notified of by the Purchaser within that period.