VERIFICATION OF SPECIFICATIONS. 15.1 The buildings and the section will be built substantially in accordance with the apartment floor plans annexed hereto as Schedule “B” and the building specifications attached hereto as Schedule “C”, provided that the Seller shall be entitled to:
15.1.1 substitute items of a similar standard and quality for any specified item referred to in the Schedule of Finishes. The PURCHASER acknowledges that he will not be able to request any variations to the Section and or the building specifications; and
15.1.2 vary the Sectional Plans for the BUILDINGS should the SELLER consider the same reasonably necessary for technical or aesthetic reasons; and
15.1.3 change the area or lay-out of the Section, save only that the area of the Section shall not vary by more than 5% (five percent) of the estimated area.
15.2 If the area of the Section being smaller than 95% (ninety-five percent) of the estimated area set forth in Schedule “A” and “B”, the PURCHASER shall have the right, to be exercised in writing prior to signature of the documents for transfer, to resile from the Agreement, in which event all monies paid by him to date on account of the purchase price and costs shall be refunded (together with any interest earned thereon).
15.3 If a dispute should arise between the parties regarding the changes effected by the SELLER, the decision of the SELLERS PRINCIPAL AGENT will be final and binding as to whether there has been substantial compliance by the Seller of its obligations after the Principal Agent has requested written submissions from both the Purchaser and the Seller. Should the dispute be determined in favour of the Purchaser, the Purchaser shall be entitled to cancel this Agreement and claim a refund of the Reservation Deposit and other amounts that was paid.
15.4 Neither the PURCHASER nor any person or firm employed by him shall carry out any work on or to the UNIT prior to registration of transfer. Work subsequent thereto shall not be carried out without the permission of the Body Corporate in terms of the RULES.
15.5 The Purchaser will not in any way interfere with, or give instructions to any of the Seller’s agents, employees, contractors, or subcontractors. The Purchaser will not be allowed to enter the Section unless the prior written consent of the Seller is first had and obtained, in which event the Purchaser must be accompanied by the Independent Property Inspector or his representation.
VERIFICATION OF SPECIFICATIONS. 9.01. It is not the responsibility of the Contractor to make certain that the specifications attached hereto are in accordance with applicable laws, statutes, building codes, and regulations. If Contractor observes that any of the specifications are at variance therewith in any respect, he shall promptly notify Owner in writing, and any necessary changes shall be accomplished by appropriate modification.
9.02. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without providing such notice to Owner, he shall assume full responsibility therefore and shall bear all costs attributable thereto.
9.03. Owner will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the Work. The Owner will not have control or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, and will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.
VERIFICATION OF SPECIFICATIONS. Contractor acknowledges and agrees that the dimensions given in any Specifications are only approximate. Contractor shall verify all such information independently and examine all Specifications as reasonably necessary to satisfy Contractor of the conditions to be encountered during performance of the Work. Further, Roofle expressly disclaims any implied warranty of freedom from defects of any Specifications. In the case of discrepancy, error, inconsistency or omission in any Specifications, Contractor shall promptly submit the matter to Roofle, who shall make a determination in writing regarding the appropriate Work to be performed. Contractor shall bear the risk and expense of any adjustment, addition or omission of services performed without such determination by Roofle. Contractor acknowledges and agrees that omissions from details of the Work, which are manifestly necessary to carry out the intent of Specifications, or which are customarily performed, shall not relieve Contractor from performing such omitted or misdescribed details of the Work and shall be performed by Contractor as if fully and correctly set forth and described in any Specifications.
