Common use of VOETSTOOTS Clause in Contracts

VOETSTOOTS. 8.1 Save for the provisions of 2.5 and 7.2 hereof, the unit is sold voetstoots and the Seller shall have no further or other liabilities in respect of any defects which appear in the dwelling whether patent or latent. 8.2 The Purchaser shall accept transfer of the unit subject to: 8.2.1 such registerable conditions as may be imposed by the Seller in terms of section 11 of the Sectional Titles Act; 8.2.2 such servitudes as may be applicable to the land and/or the buildings; 8.2.3 such conditions, reservations and servitudes contained or referred to in the title deed relating to the land. 8.3 The Purchaser acknowledges that the Purchaser has inspected the housing development scheme, the plans, the unit, the facilities and the common property, and that he is satisfied with regard to the circumstances, nature, position, extent and planning thereof, as well as the general suitability thereof according to and for purposes of the Purchaser’s needs. 8.4 In the event of the measurement of the section varying by not more than 7 % (seven percent) from the sectional plan eventually registered by the Registrar of Deeds, or in the event of the unit being allocated a different number in such sectional plan, or the location of the building(s) being different to that reflected on the plans, the Purchaser shall nevertheless accept transfer of the unit as set out in the registered sectional plan in satisfaction of the obligations of the Seller in terms of this contract. 8.5 It is recorded that the Seller is a "producer" as defined in the Consumer Protection Act, Act 68 of 2008 (hereinafter referred to as the CPA) and that the property is sold with an "implied warranty of quality" as provided for in Section 56 of the CPA being a warranty that the Property complies with the requirements and standards contemplated in Section 55 of the CPA which Section 55 provides that the Purchaser has a right to receive the Property on the basis that – 8.5.1 It will be reasonably suitable for the purposes for which it is generally intended; 8.5.2 It is of good quality, in good working order and free of any defects; 8.5.3 It will be useable and durable for a reasonable period of time, having regard to the use to which the Property would normally be put to and to all the surrounding circumstances of it supply, except to the extent that the buildings have been altered after left the control of the Seller. 8.6 It is however (as provided for in Section 55(6) of the CPA) recorded that – 8.6.1 the Purchaser agrees to accept the Property as it stands provided that the buildings are erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. (Purchaser to initial next to this provision as proof that the Purchaser has assented to this provision and the Purchaser acknowledges the notice and his awareness of the risk and acceptance of the provision.); 8.6.2 in the event of a dispute as to whether the buildings shall have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, the matter shall be referred to an independent architect agreed upon by the parties (or, if they cannot within (3) three days agree, by the President of the Institute of Architect for the Gauteng Province), which architect, acting as an expert and not an arbitrator, shall determine whether the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, and if he determines that same is not the case, the Seller shall do everything required by that architect until the architect is satisfied that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. If the said architect, after his first inspection, determines that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, the Purchaser shall pay his costs or otherwise his costs shall be paid by the Seller. 8.7 It is further noted by the parties that this agreement was not concluded as a result of direct marketing as defined in terms of the CPA, and that the Purchaser will therefore not be entitled to the rights afforded in terms of Section 16 of the CPA.

VOETSTOOTS. 8.1 Save for the provisions of 2.5 clause 7.1.2 and 7.2 hereof8.5, the unit Unit is sold voetstoots and the Seller shall have no further or other liabilities in respect of any defects which appear in the dwelling whether patent or latent. 8.2 The Purchaser shall accept transfer of the unit Unit subject to: 8.2.1 such registerable conditions as may be imposed by the Seller in terms of section 11 of the Sectional Titles Act; 8.2.2 such servitudes as may be applicable to the land and/or the buildings; 8.2.3 such conditions, reservations and servitudes contained or referred to in the title deed relating to the land. 8.3 The Purchaser acknowledges that the Purchaser has inspected the housing development scheme, the plans, the unit, the facilities and the common property, and that he he/she/it is satisfied with regard to the circumstances, nature, position, extent and planning thereof, as well as the general suitability thereof according to and for purposes of the Purchaser’s needs. 8.4 In the event of the measurement of the section varying by not more than 7 % (seven percent) from the sectional plan eventually registered by the Registrar of Deeds, or in the event of the unit being allocated a different number in such sectional plan, or the location of the building(s) being different to that reflected on the plans, the Purchaser shall nevertheless accept transfer of the unit as set out in the registered sectional plan in satisfaction of the obligations of the Seller in terms of this contract. 8.5 It is recorded that the Seller is a "producer" as defined in the Consumer Protection Act, Act No. 68 of 2008 (hereinafter referred to as the CPA) and that the property is sold with an "implied warranty of quality" as provided for in Section 56 of the CPA being a warranty that the Property complies with the requirements and standards contemplated in Section 55 of the CPA which Section 55 provides that the Purchaser has a right to receive the Property on the basis that – 8.5.1 It will be reasonably suitable for the purposes for which it is generally intended; 8.5.2 It is of good quality, in good working order and free of any defects; 8.5.3 It will be useable and durable for a reasonable period of time, having regard to the use to which the Property would normally be put to and to all the surrounding circumstances of it supply, except to the extent that the buildings have been altered after it left the control of the Seller. 8.6 It is however (as provided for in Section 55(6) of the CPA) recorded that – 8.6.1 the Purchaser agrees to accept the Property as it stands provided that the buildings are erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. (Purchaser to initial next to this provision as proof that the Purchaser has assented to this provision and the Purchaser acknowledges the notice and his awareness of the risk and acceptance of the provision.); 8.6.2 in the event of a dispute as to whether the buildings shall have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, the matter shall be referred to an independent architect agreed upon by the parties (or, if they cannot within (3) three days agree, by the President of the Institute of Architect for the Gauteng Province), which architect, acting as an expert and not an arbitrator, shall determine whether the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, and if he determines that same is not the case, the Seller shall do everything required by that architect until the architect is satisfied that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. If the said architect, after his first inspection, determines that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, then the Purchaser shall pay his costs of the architect. If it is determined that the buildings have been not been erected in a workmanlike fashion or otherwise his substantially in terms of the attached plans and specifications, then the costs shall be paid by the Seller. 8.7 It is further noted recorded by the parties that this agreement was not concluded as a result of direct marketing as defined in terms of the CPA, and that the Purchaser will therefore not be entitled to the rights afforded in terms of Section 16 of the CPA.

VOETSTOOTS. 8.1 Save for the provisions of 2.5 and 7.2 hereof, the unit is sold voetstoots and the Seller shall have no further or other liabilities in respect of any defects which appear in the dwelling whether patent or latent. 8.2 The Purchaser shall accept transfer of the unit subject to: 8.2.1 8.2.1 such registerable conditions as may be imposed by the Seller in terms of section 11 of the Sectional Titles Act; 8.2.2 8.2.2 such servitudes as may be applicable to the land and/or the buildings; 8.2.3 8.2.3 such conditions, reservations and servitudes contained or referred to in the title deed relating to the land. 8.3 The Purchaser acknowledges that the Purchaser has inspected the housing development scheme, the plans, the unit, the facilities and the common property, and that he is satisfied with regard to the circumstances, nature, position, extent and planning thereof, as well as the general suitability thereof according to and for purposes of the Purchaser’s needs. 8.4 In the event of the measurement of the section varying by not more than 7 % (seven percent) from the sectional plan eventually registered by the Registrar of Deeds, or in the event of the unit being allocated a different number in such sectional plan, or the location of the building(s) being different to that reflected on the plans, the Purchaser shall nevertheless accept transfer of the unit as set out in the registered sectional plan in satisfaction of the obligations of the Seller in terms of this contract. 8.5 It is recorded that the Seller is a "producer" as defined in the Consumer Protection Act, Act 68 of 2008 (hereinafter referred to as the CPA) and that the property is sold with an "implied warranty of quality" as provided for in Section 56 of the CPA being a warranty that the Property complies with the requirements and standards contemplated in Section 55 of the CPA which Section 55 provides that the Purchaser has a right to receive the Property on the basis that – 8.5.1 It will be reasonably suitable for the purposes for which it is generally intended; 8.5.2 It is of good quality, in good working order and free of any defects; 8.5.3 It will be useable and durable for a reasonable period of time, having regard to the use to which the Property would normally be put to and to all the surrounding circumstances of it supply, except to the extent that the buildings have been altered after left the control of the Seller. 8.6 It is however (as provided for in Section 55(6) of the CPA) recorded that – 8.6.1 the Purchaser agrees to accept the Property as it stands provided that the buildings are erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. (Purchaser to initial next to this provision as proof that the Purchaser has assented to this provision and the Purchaser acknowledges the notice and his awareness of the risk and acceptance of the provision.); 8.6.2 in the event of a dispute as to whether the buildings shall have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, the matter shall be referred to an independent architect agreed upon by the parties (or, if they cannot within (3) three days agree, by the President of the Institute of Architect for the Gauteng Province), which architect, acting as an expert and not an arbitrator, shall determine whether the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, and if he determines that same is not the case, the Seller shall do everything required by that architect until the architect is satisfied that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. If the said architect, after his first inspection, determines that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, the Purchaser shall pay his costs or otherwise his costs shall be paid by the Seller. 8.7 It is further noted by the parties that this agreement was not concluded as a result of direct marketing as defined in terms of the CPA, and that the Purchaser will therefore not be entitled to the rights afforded in terms of Section 16 of the CPA.

VOETSTOOTS. 8.1 Save for the provisions of 2.5 clause 7.1.2 and 7.2 hereof8.5, the unit Unit is sold voetstoots and the Seller shall have no further or other liabilities in respect of any defects which appear in the dwelling whether patent or latent. 8.2 . The Purchaser shall accept transfer of the unit Unit subject to: 8.2.1 : such registerable conditions as may be imposed by the Seller in terms of section 11 of the Sectional Titles Act; 8.2.2 ; such servitudes as may be applicable to the land and/or the buildings; 8.2.3 ; such conditions, reservations and servitudes contained or referred to in the title deed relating to the land. 8.3 . The Purchaser acknowledges that the Purchaser has inspected the housing development scheme, the plans, the unit, the facilities and the common property, and that he he/she/it is satisfied with regard to the circumstances, nature, position, extent and planning thereof, as well as the general suitability thereof according to and for purposes of the Purchaser’s needs. 8.4 . In the event of the measurement of the section varying by not more than 7 % (seven percent) from the sectional plan eventually registered by the Registrar of Deeds, or in the event of the unit being allocated a different number in such sectional plan, or the location of the building(s) being different to that reflected on the plans, the Purchaser shall nevertheless accept transfer of the unit as set out in the registered sectional plan in satisfaction of the obligations of the Seller in terms of this contract. 8.5 . It is recorded that the Seller is a "producer" as defined in the Consumer Protection Act, Act No. 68 of 2008 (hereinafter referred to as the CPA) and that the property is sold with an "implied warranty of quality" as provided for in Section 56 of the CPA being a warranty that the Property complies with the requirements and standards contemplated in Section 55 of the CPA which Section 55 provides that the Purchaser has a right to receive the Property on the basis that – 8.5.1 – It will be reasonably suitable for the purposes for which it is generally intended; 8.5.2 ; It is of good quality, in good working order and free of any defects; 8.5.3 ; It will be useable and durable for a reasonable period of time, having regard to the use to which the Property would normally be put to and to all the surrounding circumstances of it supply, except to the extent that the buildings have been altered after it left the control of the Seller. 8.6 . It is however (as provided for in Section 55(6) of the CPA) recorded that – 8.6.1 – the Purchaser agrees to accept the Property as it stands provided that the buildings are erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. (Purchaser to initial next to this provision as proof that the Purchaser has assented to this provision and the Purchaser acknowledges the notice and his awareness of the risk and acceptance of the provision.); 8.6.2 ; in the event of a dispute as to whether the buildings shall have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, the matter shall be referred to an independent architect agreed upon by the parties (or, if they cannot within (3) three days agree, by the President of the Institute of Architect for the Gauteng Province), which architect, acting as an expert and not an arbitrator, shall determine whether the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, and if he determines that same is not the case, the Seller shall do everything required by that architect until the architect is satisfied that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. If the said architect, after his first inspection, determines that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, then the Purchaser shall pay his costs of the architect. If it is determined that the buildings have been not been erected in a workmanlike fashion or otherwise his substantially in terms of the attached plans and specifications, then the costs shall be paid by the Seller. 8.7 . It is further noted recorded by the parties that this agreement was not concluded as a result of direct marketing as defined in terms of the CPA, and that the Purchaser will therefore not be entitled to the rights afforded in terms of Section 16 of the CPA.

VOETSTOOTS. 8.1 Save for the provisions of 2.5 and 7.2 7.1.2 hereof, the unit is sold voetstoots and the Seller shall have no further or other liabilities in respect of any defects which appear in the dwelling whether patent or latent. 8.2 . The Purchaser shall accept transfer of the unit subject to: 8.2.1 : such registerable conditions as may be imposed by the Seller in terms of section 11 of the Sectional Titles Act; 8.2.2 ; such servitudes as may be applicable to the land and/or the buildings; 8.2.3 ; such conditions, reservations and servitudes contained or referred to in the title deed relating to the land. 8.3 . The Purchaser acknowledges that the Purchaser has inspected the housing development scheme, the plans, the unit, the facilities and the common property, and that he is satisfied with regard to the circumstances, nature, position, extent and planning thereof, as well as the general suitability thereof according to and for purposes of the Purchaser’s needs. 8.4 . In the event of the measurement of the section varying by not more than 7 % (seven percent) from the sectional plan eventually registered by the Registrar of Deeds, or in the event of the unit being allocated a different number in such sectional plan, or the location of the building(s) being different to that reflected on the plans, the Purchaser shall nevertheless accept transfer of the unit as set out in the registered sectional plan in satisfaction of the obligations of the Seller in terms of this contract. 8.5 . It is recorded that the Seller is a "producer" as defined in the Consumer Protection Act, Act 68 of 2008 (hereinafter referred to as the CPA) and that the property is sold with an "implied warranty of quality" as provided for in Section 56 of the CPA being a warranty that the Property complies with the requirements and standards contemplated in Section 55 of the CPA which Section 55 provides that the Purchaser has a right to receive the Property on the basis that – 8.5.1 – It will be reasonably suitable for the purposes for which it is generally intended; 8.5.2 ; It is of good quality, in good working order and free of any defects; 8.5.3 ; It will be useable and durable for a reasonable period of time, having regard to the use to which the Property would normally be put to and to all the surrounding circumstances of it supply, except to the extent that the buildings have been altered after left the control of the Seller. 8.6 . It is however (as provided for in Section 55(6) of the CPA) recorded that – 8.6.1 – the Purchaser agrees to accept the Property as it stands provided that the buildings are erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. (Purchaser to initial next to this provision as proof that the Purchaser has assented to this provision and the Purchaser acknowledges the notice and his awareness of the risk and acceptance of the provision.); 8.6.2 ; in the event of a dispute as to whether the buildings shall have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, the matter shall be referred to an independent architect agreed upon by the parties (or, if they cannot within (3) three days agree, by the President of the Institute of Architect for the Gauteng Province), which architect, acting as an expert and not an arbitrator, shall determine whether the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, and if he determines that same is not the case, the Seller shall do everything required by that architect until the architect is satisfied that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications. If the said architect, after his first inspection, determines that the buildings have been erected in a workmanlike fashion and substantially in terms of the attached plans and specifications, the Purchaser shall pay his costs or otherwise his costs shall be paid by the Seller. 8.7 . It is further noted by the parties that this agreement was not concluded as a result of direct marketing as defined in terms of the CPA, and that the Purchaser will therefore not be entitled to the rights afforded in terms of Section 16 of the CPA. The deposit/s, instalments and all other amounts payable to the Seller in terms of this agreement shall be payable free of all bank costs at the Seller's address or at such other place within the Republic of South Africa as the Seller may from time to time in writing direct. Each payment made in terms of this agreement and any interest earned on the deposit or other monies paid to the Seller's Conveyancers in terms of this agreement shall be allocated first to occupational rental, secondly to all other costs and charges due by the Purchaser in terms hereof and thereafter in reduction of the balance of the Purchase Price. The Seller shall be liable for and shall pay all costs of drafting this Agreement, the opening of a sectional title register and all the costs of and incidental to the transfer of the Unit to the Purchaser, including all disbursements and VAT but excluding the Purchaser's bank charges. The Seller will be liable for all bond registration costs, if any, subject thereto that the Conveyancers are appointed to register the bond. Should the Purchaser wish to appoint another attorney or conveyancer for registration of the bond the registration costs thereof will be for account of the Purchaser. The Purchaser hereby irrevocably authorises the Seller to procure the appointment of the Conveyancers for the registration of any mortgage bond(s) that may be required for the purposes of this transaction. Notwithstanding the provisions of 9.3 hereof, should any mortgage bond to be registered over the Unit simultaneously with transfer of the Unit into the name of the Purchaser, not be registered by the Seller's Conveyancers (for any reason other than their refusal to so register) then the Purchaser shall be liable for the costs of registration of such transfer as well the costs of the registration of the mortgage bond, including all disbursements, within 7 (SEVEN) days after being requested to do so by the Conveyancers, over and above the purchase price. In the event that the Purchaser needs a mortgage bond to finance the purchase of the Unit, all applications for the loan to the bank(s) must be dealt with exclusively by ooba Mortgage Originators and the Purchaser shall make available all the required documentation to the mortgage originator in order to facilitate this within 7 (seven) days after being requested to do so by the mortgage originator. Transfer of the Unit shall be effected by the Seller's Conveyancers (the Date of Registration of Transfer). The Purchaser shall provide all documentation and information, sign all documents and do whatever may be required by the said Conveyancers within 7 days of request. The Purchaser hereby warrants that his/her/its tax affairs are in order and that SARS will be in a position to issue the necessary Transfer Duty Exemption certificate for purposes of the transfer of the Unit on the request, therefore.