Common use of Defects Clause in Contracts

Defects. 6.1 The CONTRACTOR shall only be liable to repair Defects in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR shall only be liable to repair Defects in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over of the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR If the Title Commitment (or any revision or update thereof) or Survey (or any replacement, revision or update thereof obtained by Purchaser) discloses exceptions to title which are objectionable to Purchaser other than any documents evidencing the Mortgage Loan to be assumed by Purchaser as provided in Section 4.6 hereof (a “Defect”), Purchaser shall only be liable so notify Seller prior to repair Defects the expiration of the Title Objections Deadline (as such term is defined in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR Master Transaction Agreement). Seller shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following have fifteen (and whichever event may occur first15) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) calendar days from the date of possession such notice to have each Defect corrected to the satisfaction of Purchaser, and if such fifteen (15) calendar day period extends beyond Closing, then the date for Closing and the date for closing under each of the Other Contracts (as defined in Section 9.3.2 herein) shall be extended accordingly. If within the time specified, Seller fails to have each Defect deleted or corrected as aforesaid, Purchaser may, at its option, either (i) terminate this Agreement, in which event this Agreement, without further action of the parties, shall become null and void and neither party shall have any further rights or obligations under this Agreement except for those obligations which expressly survive termination of this Agreement, or (ii) elect to consummate the Closing and accept title to the MOB Property subject to all such exceptions to title (in which event, all such exceptions to title shall be deemed approved by Purchaser and shall be “Permitted Exceptions”). If Purchaser fails to make either such election, Purchaser shall be deemed to have elected option (ii). Notwithstanding the foregoing, Seller shall cure (by causing the same to be released at or prior to Closing) any Defects referred relating to (i) any liens created by or through Seller, and (ii) any judgments against Seller affecting the MOB Property; and failure to cure any such Defects shall constitute a default by Seller hereunder, and, notwithstanding any other provision of this Agreement, Purchaser shall have the right to apply all or part of the Purchase Price to payment in full of the Defects set forth in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 abovesentence. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR 10.1 Notwithstanding the issue of the Statement of Practical Completion and without prejudice to the remaining provisions of this clause 10, the Landlord shall only be remain liable to repair Defects the Tenant to make good any defects, shrinkages and other faults due to materials or workmanship not being in accordance with the Building Contract or frost occurring before Practical Completion (including any necessary re-plastering and/or redecoration) and in either case accepted by the Employer’s Agent as such and in either case occurring before the Practical Completion Date and any such defects as are subsequently in existence and of which the Tenant shall have given written notice to the Landlord prior to the expiration of the defects liability period under the Building Contract 10.2 The Landlord shall procure that the Employer’s Agent prepares a schedule (in conjunction with the Tenant) listing any defects shrinkages or other faults appearing in the Landlord’s Works caused or any part thereof (which the Landlord shall procure shall incorporate (to the extent not by then remedied or rectified) any defects shrinkages and other faults properly notified by the noncompliance with Tenant to the NHBRC Technical Requirements as specified in section 13 Landlord pursuant to clause 10.1 to the extent the Employer’s Agent reasonably considers it appropriate to include the same) and supplies a copy thereof to the Tenant not later than fifteen Working Days before the expiry of the Housing Consumer Protection Measures Act, 95 defects liability period under the Building Contract 10.3 Within five Working Days of 1998.receiving the schedule of defects referred to in clause 10.1 the Tenant shall notify the Employer’s Agent of any additional items which the Tenant considers should be included in the schedule of defects and the Landlord shall procure that the Employer’s Agent incorporates such additional items into the schedule of defects where in the Employer’s Agent's professional judgement it is appropriate for him to do so 6.2 Although every care is taken to provide a home 10.4 The Landlord shall procure that the Employer’s Agent gives the Tenant not less than five Working Days prior written notice of the highest quality, proposed date and time on which the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by Employer’s Agent intends to make its final inspection of the OWNERLandlord’s Home Owners Insurance Policy required by Works prior to the Financial Institution issue of the schedule and certificate of making good defects in respect of the residential property nor does it cover any of relevant works and the exclusions provided for in Tenant and the regulations Tenant’s nominated representative shall be entitled to be present at such inspection and to make representations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, Employer’s Agent and the occurrence of any one of the following (and whichever event may occur first) Landlord shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating procure that the Works Employer’s Agent shall consider and have been completed; ordue and proper regard to (but shall not be bound by) such representations 6.3.3 10.5 The Landlord shall procure that the issue Employer’s Agent in any event serves the schedule of an Occupation Certificate by defects on the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, Building Contractor within the time limits prescribed limit specified in the Housing Consumer Protection Measures Act 95 of 1998, Building Contract 10.6 The Landlord shall (subject to notify the CONTRACTOR Tenant allowing the Building Contractor sufficient access for the purpose) procure the making good promptly and in writing accordance with a programme agreed with the Tenant at no cost to the Tenant of any Defects covered defects set out in the schedule of defects referred to in clause 10.1 and any additional defects which are notified by the aforementioned Act Tenant and accepted by the Employer’s Agent in accordance with clause 10.2 and such works shall be carried out in a good and workmanlike manner using good quality materials effectively to remedy such defects and in accordance with all relevant statutory requirements and British Standards and Codes of Practice and to the satisfaction of the Employer’s Agent 10.7 The Tenant shall give reasonable access to the Landlord and the CONTRACTOR Building Contractor upon prior reasonable notice (save in the case of an emergency where no such notice shall only be liable to rectify required) for the Defects if purpose of making good such defects and the OWNER has paid Landlord shall procure that the full contract sum person or persons making good all such defects shall procure that as little disturbance or interference as reasonably practicable shall be caused to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR Tenant and shall under no circumstance be responsible for damage or loss caused by wear act in a reasonable manner and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating make good as soon as practicable to the repair reasonable satisfaction of the Defect, such dispute will be determined by Tenant all damage occasioned to the ruling Premises as a result of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.their actions

Defects. 6.1 18.6.1 The CONTRACTOR shall only be liable Authority accepts, in relation to repair Defects the Dwellings and Properties, responsibility (including any financial and other consequences which result either directly or indirectly) for: a any Defect which is not revealed by the data contained in the Works caused by Stock Condition Survey as a reasonable and prudent Contractor would interpret such data in the noncompliance with the NHBRC Technical Requirements as specified in section 13 context of the Housing Consumer Protection Measures ActProject, 95 of 1998b any asbestos. 6.2 Although every care 18.6.2 Where pursuant to clause 18.6.1 the Authority is taken to provide a home responsible for any of the highest qualitymatters referred to then the following provisions shall apply: a the matter shall be deemed to be a Compensation Event for the purposes of this Agreement and any work which is required or instructed to be done in consequence of it shall be deemed to be an Authority Change, the CONTRACTOR shall not b no Unavailability Deductions or Performance Deductions may be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution made in respect of the residential property nor does it cover relevant Dwelling or Property pursuant to Schedule 4 (Payment Mechanism) and any of the exclusions provided for in the regulations work or change to the Housing Consumer Protection Measures Act 95 Services required or instructed to be done in consequence of 1998. 6.3 For purposes of this Agreementit, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obligeddeemed to be an Authority Change, within and c where any such matter is asbestos the time limits prescribed in Authority shall further hold the Housing Consumer Protection Measures Act 95 of 1998, to notify Contractor harmless from cleaning up and otherwise dealing with such asbestos and shall indemnify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or Contractor in respect of all Direct Losses incurred by the Contractor resulting from such asbestos. 18.6.3 Subject to clause 18.2, for the avoidance of any matter arising doubt the Contractor accepts, in relation to the Dwellings and Properties, entire responsibility (including any financial and other consequences which result either directly or indirectly) for any Defect not covered by clause 18.6.1 18.6.4 Where a Dwelling shall contain Defects, the Authority may on notice in writing to the Contractor withdraw that Dwelling from or relating the Project and a Voluntary CNDT shall have been deemed to have occurred and clause 28.6 (Changes to Numbers of Dwellings by Tenure) shall apply as if the Dwelling had been subject to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damagesCNDT. 6.7 In 18.6.5 The Contractor and the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute Authority will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for comply with the provisions of clause 6.1 abovethe Asbestos Risk Share Protocol. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 10.1. The CONTRACTOR Architects shall only be liable inspect the Property prior to repair Defects the Occupation Date in the Works caused by the noncompliance with the NHBRC Technical Requirements order to identify any "defect" or "failure" as specified defined in section 13 Section 53(1) of the Housing Consumer Protection Measures ActCPA which defects or failure the Seller shall remedy prior to the Occupation Date to ensure that on the Occupation Date, 95 the Property shall be free from any "defect" or "failure" according to the Seller’s determination, and as contemplated in Section 53(1) of 1998the CPA. 6.2 Although every care is taken to provide a home 10.2. The Purchaser shall, within 90 (Ninety) days of the highest qualityOccupation Date, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations deliver to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this AgreementSeller a list, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by Purchaser, enumerating any defects in the CONTRACTORSection where same are due to defective materials or workmanship, stating and the Seller shall procure that such defects are made good as expeditiously as possible in the Works circumstances. Once such defects have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum made good to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair satisfaction of the DefectArchitects, such dispute will be determined by the ruling of the Architectacting as an expert and not an arbitrator, and whose determination decision shall be final and binding on the Parties. 6.8 The OWNER must advise , the CONTRACTOR in writing within ninety (90) days from Purchaser shall have no further claim against the date of possession of any Defects referred in in this clauseSeller, which may have developedsave as otherwise provided herein. Should the OWNER Purchaser fail to do sodeliver the aforesaid list to the Seller within the aforesaid 90 (Ninety) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 10.3. The Seller shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List. Once the Defects have been remedied, the Architects will issue the Final Completion Certificate, which shall be final and binding on the parties and no further claim can liability shall attach to the Seller in respect of such Defects. 10.4. The Purchaser shall allow all persons authorised or employed by the Seller access to the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuses to give such access, despite reasonable notice being given by the Seller, then the Purchaser shall be entertained save deemed to have accepted that the Property is free of Defects. 10.5. For a period of 12 (Twelve) months from the Final Completion Date, the Seller shall expeditiously remedy any major latent defects which appear in the Property, provided that the Purchaser notifies the Seller in writing of such latent defects within the said 12-month period. In respect of major structural defects, as stipulated in the Housing Consumers Protection Measures Act 95 of 1998 (“HCMPA”), the Purchaser shall be entitled to require the Seller to remedy such major structural defects within a period of 5 (Five) years after the Occupation Date, as defined in the HCMPA; 10.6. From the Final Completion Date, for a period of 12 (Twelve) months, the Seller shall remedy any leaks in the roof of the buildings in the Scheme, provided the Purchaser notifies the Seller in writing of such leaks in terms of the rules and regulations of the National Home Builders Registration Council (“NHBRC”); 10.7. Whether a defect is a defect falling within the provisions of clause 6.1 above10.5 and/or clause 10.6, and, if it is such a defect, whether the defect has been satisfactorily remedied, shall be finally determined by the Architects, whose certificate in this regard, save in the case of manifest error, shall be final and binding on the Parties. The Architects shall act as an expert and not an arbitrator when making his determination aforesaid. 6.9 Save 10.8. Subject to any law, the Seller's obligation in terms of this clause 10, shall: 10.8.1. only apply in respect of Defects, and defects in terms of clauses 10.1, 10.5 and 10.6 arising as a result of faulty workmanship and/or materials and/or design used in the construction of the Property and for the above no other guarantees defects or warranties roof or water leaks howsoever arising; 10.8.2. not apply in respect of or arising in any nature are given.way from any alterations to the Property effected at the instance of the Purchaser or the Body Corporate; and

Defects. 6.1 The CONTRACTOR shall only be 5.1 Where goods are subject to a separate manufacturer's warranty, the Seller will pass on the benefit of that warranty to the Buyer where the Seller is able to do so. Unless expressly agreed otherwise in writing, all other representations and warranties in relation to the goods or services, whether express or implied, are excluded to the maximum extent permitted by law. 5.2 If the Seller is liable to repair Defects for any defect in the Works caused goods or services, its liability is limited, at the Sellers option, to either repairing or replacing the defective goods, re-performing the defective services; or refunding the price paid by the noncompliance with Seller for the NHBRC Technical Requirements as specified defective goods or services. 5.3 Any and all claims in section 13 respect of goods or services supplied or these Conditions of Sale must be notified in writing to the Seller within 7 days of supply of the Housing Consumer Protection Measures Actgoods or services. Any claims not made within this timeframe will be invalid and the Seller will have no liability whatsoever in respect of such claims. The Seller shall be given reasonable access to investigate any claim, 95 of 1998and may, at its discretion, remove the relevant goods to its premises. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR 5.4 The Seller shall not be liable for damage or loss caused by misuseany defect arising from fair wear and tear, wilful damage, negligence, abuse extreme weather conditions, failure to follow the Seller's (or accident manufacturer's) recommended maintenance programme or other instructions for use, failure to use the Seller's (or manufacturer's) recommended flashings and pre-cladding trim preparation system, misuse, or any risk insured against alteration or repair of the goods not authorised by the OWNER’s Home Owners Insurance Policy required Seller, nor for any defect arising from a drawing, design or specification supplied by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998Buyer. 6.3 For purposes 5.5 Notwithstanding any other provision of this Agreement, the occurrence Seller's maximum aggregate liability arising out of any one or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the price paid by the Buyer for the goods or services the subject of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential propertiesrelevant claim. The CONTRACTOR shall furthermore under no Seller will not in any circumstances be liable for any indirect or consequential loss, loss of profit, savings or goodwill or special or exemplary damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR shall only be liable lessor transfers the rented object(s) to repair Defects the lessee in roadworthy and working order. The lessee‘s rights require that the lessee has met its inspection and complaint obligations. If there is a defect in the Works caused rented object(s), which the lessor is responsible for and which the lessee could not have discovered through thorough inspection of the rented object(s), the lessor is entitled, at its sole discretion, to remediate the defect or replace it. In the case of remediation of the defect, the lessor is required to bear all expenses necessary for the remediation, especially transport, road, labour and material costs, unless these are increased by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is rented object(s) being taken to provide a home place other than the place of delivery. If the highest qualitylessor is not willing or unable to perform remediation/replacement, particularly if remediation/replacement is delayed beyond appropriate deadlines for reasons, for which the lessor is responsible, or if the remediation/replacement otherwise fails, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by lessee is entitled to cancel the OWNER’s Home Owners Insurance Policy required by the Financial Institution contract in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between seriousdefect. Unless otherwise expressly provided in these general rental conditions, the parties whether any item complained lessee may not make further claims against the lessor, regardless of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating legal reasons. The lessor shall therefore not be liable, for example, for damage that has not occurred to the repair rented object(s) itself, and the lessee cannot claim damages or a proportionate reduction against the lessor. The lessor‘s defect liability, irrespective of the Defect, such dispute will be determined by the ruling nature of the Architectdefect, whose determination shall be final ceases 1 month after the risk of the rented object(s) has transferred to the lessee. If and binding on to the Parties. 6.8 The OWNER extent that the lessee discovers a defect in the rented object(s), irrespective of the nature of the defect, the lessee must advise give written, specified and substantiated notice of defects to the CONTRACTOR in writing lessor within ninety (90) 14 days from receipt of the date checkout report or from the time of possession delivery of the rented object(s) if this is before the receipt of the checkout report. Non-compliance with the period within which notice must be given of any Defects referred defects will result in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save lapse of all the lessee’s remedies for the provisions of clause 6.1 abovebreach. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR shall only be liable to repair Defects in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreementaforesaid, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over of the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, CONTRACTOR stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in writing within ninety (90) days from the date of possession of any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions of clause 6.1 above. 6.9 Save for the above no other guarantees or warranties of any nature are given.

Defects. 6.1 The CONTRACTOR Owner shall only be liable to repair Defects in before the Works caused date of completion, when requested by the noncompliance with the NHBRC Technical Requirements as specified in section 13 Contractor to do so, attend an inspection of the Housing Consumer Protection Measures Act, 95 of 1998section and compile a list (hereinafter referred to as the “Project Data Sheet”)signed by both the Contractor and the Owner setting out any items relating to the works requiring repair by the Contractor. 6.2 Although every care is taken to provide a home Upon repair of the highest qualitysuch items as reasonably require repair, the CONTRACTOR Owner shall not be liable for damage or loss caused by misuseirrevocably deemed to have accepted that the works is in a fit, negligence, abuse or accident or proper and workmanship state and condition in all respects and the Contractor shall be completely absolved and discharged from any risk insured against by further obligation towards the OWNER’s Home Owners Insurance Policy required by the Financial Institution Owner in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998terms hereof. 6.3 For purposes of this Agreement, Any dispute as to whether the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against said repairs in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR this clause have been satisfactorily carried out, shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating referred to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination an expert and not as an arbitrator and his decision thereon shall be final and binding on the Partiesparties. Should the Owner fail to submit the Second List within the aforesaid period, or fail to sign the Final Completion Form on receipt, it shall be deemed that he has accepted the works in a fit, proper and workmanship state and condition in all respects and the contractor shall have no further obligation towards the Owner in terms hereof. 6.8 6.4 The OWNER must advise Owner shall on demand be responsible for entering into any agreement or into any other arrangements that may be required for the CONTRACTOR supply of water and electricity to the land. 6.5 Where any section of the work has been partially completed, the value of the completed part shall be a fair and reasonable proportion of any progress payment and a certificate signed by any director or manager of the Contractor specifying ‘the value of the work’ shall be sufficient and conclusive evidence of that value. 6.6 The Contractor shall in writing within ninety (90) days from its sole discretion and at its option be entitled to postpone the date of possession commencement of the supply and installation works for any Defects referred in in this clause, which may have developed. Should the OWNER fail to do so, no further claim can be entertained save for the provisions period of clause 6.1 abovetime. 6.9 Save 6.7 On the happening on any of the events set out in clause 5.5, the Owner shall have no claim whatsoever against the Contractor to complete the work or a claim for the above no other guarantees or warranties of any nature are givendamages.