Common use of Construction of the Unit Clause in Contracts

Construction of the Unit. 17.1 The Seller undertakes to build the unit upon the property in compliance with national building regulations, other relevant statutory requirements relating to building works and substantially in accordance with the under mentioned annexures, subject to the remaining provisions of this clause 17; 17.1.1 Site layout and development plan contained in Annexure 1; 17.1.2 Unit layout plan contained in Annexure 2; and 17.1.3 Schedule of finishes and specifications contained in annexure 3. 17.2 The Seller shall commence the erection of the unit within a reasonable time of the plan having been finally approved by the local authority, and provided the Purchaser has complied with its obligations in terms of clause 2. The Seller undertakes to submit building plans for approval to the local authority as soon as reasonably possible. The Seller shall diligently proceed with the construction of the unit as per the official building program, and endeavor to complete the unit within a reasonable time thereafter. 17.3 The Seller shall be entitled to substitute items with a similar standard for any specified item referred to in the schedule of finishes. 17.4 The Seller shall be entitled to vary the plans of the unit for any reason considered reasonably necessary by the Seller, but so that the Purchaser’s rights will not be materially prejudiced or affected thereby. 17.5 Any building materials used will be of a standard quality and type freely available locally; nomination by product and/or colour is merely for identification purposes and the Seller may, at his/her own choice and discretion, use other products, types of manufacturers or colours provided that if alternative materials are used, they shall be of at least a similar quality. The Seller shall endeavour, but shall not be obliged, to advise the Purchaser should any alternative materials be used. 17.6 The unit shall be regarded as complete upon the date that the unit is sufficiently completed for beneficial occupation as certified by the architect whose decision as to that date shall be final and binding upon the parties. 17.7 The Seller shall : 17.7.1 Within 60 (sixty) days, remedy any patent defects in the unit which manifest themselves within 14 (fourteen) days after the completion date, provided that the Purchaser notifies the Seller in writing within the said period of 7 (seven) days of any such defects, failing which the Purchaser shall be deemed to have accepted the unit in the condition in which same were at the completion date; and 17.7.2 Remedy any material latent defect in the unit due to faulty workmanship or materials, manifesting itself within 60 (sixty) days of the completion date, provided that the Purchaser notifies the Seller in writing within the said period of 60 (sixty) days. For the purposes of this sub-clause, the expression 'material defect’ means those defects, the existence of which are recorded in writing as requiring to be remedied or repaired by the architect. The architect shall determine whether such defects recorded in writing are ‘material defects’ and his/her decision shall be final and binding upon the parties. The architect shall be the final arbitrator as to whether the Seller has complied with his/her obligations in terms of this or the preceding clause 17.7.