Common use of WARRANTIES BY SELLER Clause in Contracts

WARRANTIES BY SELLER. 12.1 The UNIT is sold in accordance with the Sectional Title Plan with participation quota endorsed thereon and any modifications or alterations which may be made thereto from time to time in accordance with provisions of the ACT, and without any warranties, express or implied other than those imposed by any applicable national legislation; 12.2 The SELLER shall carry out such works and repairs as may be necessary to honor the terms and the conditions of the Standard Home Builders Warranty. See Annexure "E". 12.3 In order to implement the warranty referred to in Clause 12.2 above, the PURCHASER shall, subject to the provisions of Clauses 7.5 above, deliver to the SELLER a written list of alleged defects in the UNIT to be known as the Handover Form within 30 (thirty) days of the OCCUPATION DATE. Any defect contained in this list (hereinafter referred to as “the snag list”) for which the SELLER is liable to repair in terms of this agreement, shall be remedied by the SELLER within a reasonable period after receipt of the snag list. Should the PURCHASER fail to deliver a snag list to the SELLER timeously as aforesaid, then the PURCHASER shall be deemed to have accepted the UNIT free of any defects and the SELLER shall have no further responsibility in respect of any such defects save and except those defects that may be covered by the SELLER’S warranty as contained in Clauses 1 and 2 of Annexure “E” hereto and/or those imposed by any applicable national legislation. 12.4 Save as specifically set out in this agreement and/or those imposed by any applicable national legislation, the SELLER has made no representations and given no warranties in respect of the UNIT or the BUILDINGS or in respect of anything relating thereto. 12.5 More particularly, and notwithstanding the provisions of Clauses 12.1 and 12.2, the PURCHASER shall have no claim against the SELLER, including the cancellation of this agreement for any discrepancies other than those of a substantial nature between the building plans relating to the UNIT and the completed UNIT, nor shall the PURCHASER have any claim against the SELLER, should the actual levy be higher than the estimated levy. 12.6 Hairline cracks resulting from shrinkage of materials are not the responsibility of the SELLER. 12.7 The PURCHASER acknowledges that: 12.7.1 at the time of his signature hereto, the positions of electricity mini substations and meter kiosks in the DEVELOPMENT SCHEME may not have been determined; 12.7.2 an electricity mini substation or a meter kiosk may be positioned in front of or in proximity to the UNIT; 12.7.3 his attention has been specifically directed to these facts; 12.7.4 the SELLER shall not be liable to the PURCHASER for any possible damage or loss suffered by the PURCHASER arising out of the determination of final positions of the electricity mini substations or meter kiosks within the DEVELOPMENT SCHEME.

WARRANTIES BY SELLER. 12.1 The UNIT Seller expressly warrants and represents Buyer that: a) Seller has the power, right and authority to enter into and perform its obligations under this Agreement. All necessary action has been taken to authorize the execution, delivery and performance of this Agreement. This Agreement when duly signed by Seller will be a binding obligation of Seller, enforceable in all respects; b) Seller is sold the owner of Patent rights, and Copyrights, and to the best of its knowledge the Marks. including all common law, statutory and other right therein, free and clear of any rights or claims or licenses of others, and has not entered into any agreement or contracts authorizing others to use the Patent Rights, Marks and Copyrights and Seller has not requested any person or entity to cease or modify any activity or product or to take out a license for such activity or product by reason of past, present or prospective infringement of any Patent Rights, Marks or Copyrights; c) to the best of Seller's knowledge the existing patents included in accordance the Patent Rights are valid and enforceable; d) to the best of Seller's knowledge, use of the Marks, Copyrights and the manufacture, use and sale of the Air Motor will not constitute unfair competition or trade secret infringement; e) there is no pending or threatened litigation related in any way to the validity, use or enforceability of any of the Marks, Patent Rights or Copyrights, and all of the right, title and interest in and to the Air Motor, marks and Copyrights acquired by Buyer under this Agreement are free and clear of all liens, encumbrances, or other claims of creditors of Seller; f) upon execution and delivery of the Agreement and the documents identified herein, Seller will have conveyed to Buyer good and clear title to the Air Motor, Patents, and Copyrights, and to the best of its knowledge the Marks, free and clear of all liens and encumbrances; g) Seller has entered into no contracts or other obligations with respect to the Air Motor except those specifically set forth on Exhibit D, the benefits of which have been assigned to Buyer, and Seller has not and will not enter into any agreement or other obligation which in any way limits or would limit the rights of Buyer to the Air Motor, Patents, Marks and Copyrights; h) this Agreement and all obligations and undertakings by Seller hereunder are in compliance with the Sectional Title Plan with participation quota endorsed thereon and any modifications or alterations which may be made thereto from time to time in accordance with provisions laws of the ACTState of NEVADA and all other applicable laws included in Article (bulk sales) of The Uniform Commercial Code, all orders and without any warranties, express or implied other than those imposed by any applicable national legislation; 12.2 The SELLER shall carry out such works and repairs inquiries of which Seller is aware as may be necessary to honor the terms and the conditions of the Standard Home Builders Warranty. See Annexure "E". 12.3 In order date hereof regarding possible sale, lease, or license of the Air Motor have been disclosed to implement Buyer in writing; j) all test results, complaints and other data and communications known to Seller as of the warranty referred to date of this Agreement, evidencing any defect or problem in Clause 12.2 above, the PURCHASER shall, subject Air Motor with respect to the provisions of Clauses 7.5 abovedesign, deliver to the SELLER a written list of alleged defects in the UNIT to be known as the Handover Form within 30 (thirty) days of the OCCUPATION DATE. Any defect contained in this list (hereinafter referred to as “the snag list”) for which the SELLER is liable to repair in terms of this agreementmanufacturability, shall be remedied by the SELLER within a reasonable period after receipt of the snag list. Should the PURCHASER fail to deliver a snag list to the SELLER timeously as aforesaidoperation, then the PURCHASER shall be deemed to have accepted the UNIT free of any defects and the SELLER shall have no further responsibility in respect of any such defects save and except those defects that may be covered by the SELLER’S warranty as contained in Clauses 1 and 2 of Annexure “E” hereto and/or those imposed by any applicable national legislation. 12.4 Save as specifically set out in this agreement and/or those imposed by any applicable national legislationyields, the SELLER has made no representations and given no warranties in respect of the UNIT production efficiencies, reliability, customer acceptance, governmental acceptance or the BUILDINGS or in respect of anything relating thereto. 12.5 More particularly, and notwithstanding the provisions of Clauses 12.1 and 12.2, the PURCHASER shall have no claim against the SELLER, including the cancellation of this agreement for any discrepancies other than those of a substantial nature between the building plans relating to the UNIT and the completed UNIT, nor shall the PURCHASER have any claim against the SELLER, should the actual levy be higher than the estimated levy. 12.6 Hairline cracks resulting from shrinkage of materials are not the responsibility of the SELLER. 12.7 The PURCHASER acknowledges that: 12.7.1 at the time of his signature hereto, the positions of electricity mini substations and meter kiosks in the DEVELOPMENT SCHEME may not have been determined; 12.7.2 an electricity mini substation or a meter kiosk may be positioned in front of or in proximity to the UNIT; 12.7.3 his attention approval has been specifically directed sought, failed to these facts; 12.7.4 approve the SELLER shall not be liable to the PURCHASER for any possible damage or loss suffered by the PURCHASER arising out of the determination of final positions of the electricity mini substations or meter kiosks within the DEVELOPMENT SCHEMEAir Motor Produced thereby.

WARRANTIES BY SELLER. 12.1 The UNIT is sold in accordance with the Sectional Title Plan with participation quota endorsed thereon and any modifications or alterations which may be made thereto from time to time in accordance with provisions of the ACT, and without any warranties, express or implied other than those imposed by any applicable national legislation; 12.2 The SELLER shall carry out such works and repairs as may be necessary to honor the terms and the conditions best of the Standard Home Builders Warranty. See Annexure "E"his ability. 12.3 In order to implement the warranty referred to in Clause 12.2 above, the The PURCHASER shall, subject to the provisions of Clauses 7.5 above, deliver to the SELLER a written list of alleged defects in the UNIT to be known as the Handover Form within 30 3 (thirtythree) days of after the OCCUPATION DATEinspection referred to in Clause 7.5. Any defect contained in this list (hereinafter referred to as “the snag list”) for which the SELLER is liable to repair in terms of this agreement, shall be remedied by the SELLER within a reasonable period after receipt of the snag written list. Should the PURCHASER fail to deliver a snag written list to the SELLER timeously as aforesaid, or fail to inspect the UNIT then the PURCHASER shall be deemed to have accepted the UNIT free of any defects and the SELLER shall have no further responsibility in respect of any such defects save and except those defects that may be covered by the SELLER’S warranty as contained in Clauses 1 and 2 of Annexure “E” hereto and/or those imposed by any applicable national legislationdefects. 12.4 Save as specifically set out in this agreement and/or those imposed by any applicable national legislation, the SELLER has made no representations and given no warranties in respect of the UNIT or the BUILDINGS or in respect of anything relating thereto. 12.5 More particularly, and notwithstanding the provisions of Clauses 12.1 and 12.2, the PURCHASER shall have no claim against the SELLER, including the cancellation of this agreement for any discrepancies other than those of a substantial nature between the building plans relating to the UNIT and the completed UNIT, nor shall the PURCHASER have any claim against the SELLER, should the actual levy be higher than the estimated levy. 12.6 Hairline cracks resulting from shrinkage of materials are not the responsibility of the SELLER. 12.7 The PURCHASER acknowledges that: 12.7.1 at the time of his signature hereto, the positions of electricity mini substations and meter kiosks in the DEVELOPMENT SCHEME may not have been determined; 12.7.2 an electricity mini substation or a meter kiosk may be positioned in front of or in proximity to the UNIT; 12.7.3 his attention has been specifically directed to these facts; 12.7.4 the SELLER shall not be liable to the PURCHASER for any possible damage or loss suffered by the PURCHASER arising out of the determination of final positions of the electricity mini substations or meter kiosks within the DEVELOPMENT SCHEME.