Common use of Guarantees and Conditions Clause in Contracts

Guarantees and Conditions. 10.1 Where the CPA has application, section 55(2) is applicable, except to the extent contemplated in section 55(6) which determines that a consumer has the right to receive goods that- 10.1.1 are reasonably suitable for the purpose for which they are generally intended 10.1.2 are of good quality, in good working order and free of any defects 10.1.3 will be useable and durable for a reasonable period of time, having regard to the normal use and surrounding circumstances 10.1.4 comply with the applicable standards set under the Standards Act 10.2 Section 55(6) of the CPA provides that the provisions of clause 10.1 above will not be applicable where: 10.2.1 the consumer has been expressly informed that the property was offered in the specific condition 10.2.2 the consumer has expressly agreed to accept the goods in the condition, or knowingly acted in a manner consistent with accepting the property in that condition. 10.3 The seller does not furnish any explicit guarantees in regard to the property. 10.4 The purchaser will inspect the property and compile a snag list as set out below containing all the patent defects to the property. In completing the aforesaid the Purchaser releases the Seller from any liability regarding patent defects. 10.5 The Seller warrants the property complies with the requirements of clause 10.1 above in as far as there is not a separate guarantee given by any distributor, e.g. guarantees by the NHBRC of distributor guarantees for geyser etcetera. 10.6 The Seller accepts that all the requirements of 10.1 have been met on signature of the retention letter. 10.7 In the event that the Consumer Protection Act 68 of 2008 does not apply to the transaction between the parties it is hereby recorded, despite any other provision to the contrary, that clause 10.1 to 10.3 will not apply and that the property is sold voetstoots to the purchaser and that the purchaser shall have no claims of any nature against the seller for any defects in the property. 10.8 The Purchaser shall within 7 (SEVEN) days of the occupation date, or within 7 (SEVEN) days after being requested to do so, advise the Seller in writing of any snags in the unit arising from defective materials or workmanship, and the Seller undertakes to repair same. The Seller shall within a reasonable time of receiving such advice from the Purchaser make good such faults or defects. These faults can only be rectified during normal working hours being from 7h00 to 16h00 daily Monday to Friday and public holidays excluded. The Purchaser indemnifies the Seller against any claims arising from possible thefts and or damages to the Purchasers possessions during these repairs. 10.9 The Seller will not be liable for any change in the property's condition which may occur or be caused after the occupation date, whether due to normal wear and tear or to erosion, climatic conditions or otherwise. 10.10 The Seller will be entitled to make alterations to the unit on condition that it enhances the value of the property.

Guarantees and Conditions. 10.1 Where the CPA has application, section 55(2) is applicable, except to the extent contemplated in section 55(6) which determines that a consumer has the right to receive goods that- 10.1.1 are reasonably suitable for the purpose for which they are generally intended 10.1.2 are of good quality, in good working order and free of any defects 10.1.3 will be useable and durable for a reasonable period of time, having regard to the normal use and surrounding circumstances 10.1.4 comply with the applicable standards set under the Standards Act 10.2 Section 55(6) of the CPA provides that the provisions of clause 10.1 above will not be applicable where: 10.2.1 the consumer has been expressly informed that the property was offered in the specific condition 10.2.2 the consumer has expressly agreed to accept the goods in the condition, or knowingly acted in a manner consistent with accepting the property in that condition. 10.3 13.1. The seller Seller does not furnish any explicit or tacit guarantees in regard to the propertyProperty. The Purchaser acknowledges that he was not persuaded into entering into this Agreement by any representations made to him by the Seller or any representative of the Seller, other than what is contained in this Agreement. 10.4 The purchaser will inspect the property and compile a snag list as set out below containing all the patent defects to the property13.2. In completing the aforesaid the Purchaser releases the Seller from any liability regarding patent defects. 10.5 The Seller warrants the property complies with the requirements of clause 10.1 above in as far as there is not a separate guarantee given by any distributor, e.g. guarantees by the NHBRC of distributor guarantees for geyser etcetera. 10.6 The Seller accepts that all the requirements of 10.1 have been met on signature of the retention letter. 10.7 In the event that the Consumer Protection Act 68 of 2008 does not apply to the transaction between the parties parties, it is hereby recorded, despite any other provision to recorded and the contrary, that clause 10.1 to 10.3 will not apply and Purchaser acknowledges that the property Property is sold and purchased: 13.2.1. voetstoots to (save as provided for in this Agreement) absolutely as it stands, with all its defects whether patent or latent and the purchaser and that the purchaser Purchaser shall have no claims of any nature claim against the seller for Seller in respect of any defects in the propertyProperty whether patent or latent; 13.2.2. subject to and in accordance with the Estate Layout Plan, the Site and Footprint Plan and the General Plan; 13.2.3. subject to and with the benefit of the servitudes for support and essential services; 13.2.4. subject to all servitudes and conditions of title contained in title deeds of the Parent Property referred to in paragraph E of the Schedule, the zoning thereof, and the conditions imposed by the Seller, the Municipality and the Record of Decision; 13.2.5. subject to the Rules of the Association; 13.2.6. subject to the acknowledgements made by the Purchaser in terms of Clause 5 hereof. 10.8 13.3. The Seller does not warrant any information given in respect of the Property, including that it is suitable for the Purchaser’s proposed use thereof, whether such information is given prior to or subsequent to the signature of this Agreement save for such information in respect of the Property specifically warranted in terms of this Agreement, except to the extent impermissible in terms of section 48 of the CPA read with Regulation 44(3) of the Consumer Regulations where applicable. The Seller shall not be liable for any claim of any nature whatsoever that may arise due to any inaccuracies in information given by the Seller to the Purchaser or his agent in respect of the Property and the Purchaser hereby indemnifies the Seller and holds it harmless against and in respect of any injury, loss or damage however caused which the Purchaser may suffer as a result of any inaccuracies in any information given by the Seller (save for information specifically warranted in this Agreement). Notwithstanding the aforementioned, the Purchaser agrees that he has not relied in any way upon any information and/or advice given by the Seller and/or the Agent in the preparation, negotiation and/or implementation of this Agreement and has taken all reasonable actions to satisfy himself as to the consequences of entering into this Agreement. The Purchaser acknowledges that he has been free to secure independent legal and other advice as to the nature and effect of all of the provisions of this Agreement and that he has either taken such independent and other advice or dispensed with the necessity of doing so. 13.4. It is recorded that the extent of the Property as shown on the Site and Footprint Plan of the Property annexed hereto marked “C” is approximately as set out in paragraph G of the Schedule. The final measurements, demarcation and boundaries of the Property shall be reflected on the General Plan and the Seller shall not be liable for any deficiency in the extent thereof and neither shall it benefit from any surplus and the Purchaser shall be obliged to accept the Property as demarcated on the General Plan:provided that should the extent of the Property be reduced by more than 10 % (TEN PERCENT) of the extent reflected in paragraph G of the Schedule once the Property has been surveyed, then the Purchaser shall be entitled to resile from this Agreement by giving the Seller written notice to that effect within a period of 7 (SEVEN) days of the occupation date, or within 7 (SEVEN) days after Purchaser being requested to do so, advise notified by the Seller in writing or the Conveyancers of any snags in the unit arising from defective materials or workmanshipreduced extent of the Property. In such event, and the Seller undertakes to repair same. The Seller shall within a reasonable time of receiving such advice from all amounts paid by the Purchaser make good such faults or defects. These faults can only on account of the purchase price together with all interest earned thereon shall be rectified during normal working hours being from 7h00 refunded to 16h00 daily Monday to Friday and public holidays excludedhim. 13.5. The Purchaser hereby waives all claims against the Seller for any loss or damage to property or any injury to person which the Purchaser may sustain in or about the Property or the Estate and indemnifies the Seller against any such claims arising from possible thefts that may be made against it by a member of the Purchasers family or any tenant, nominee, invitee or any other person who occupies the Property and goes upon the Estate or damages any building within the Estate by virtue of the Purchaser’s rights thereto, for any loss or damage to property or injury to person suffered in or about the Property, or the buildings within the Estate, howsoever such loss or damage to the Purchasers possessions during these repairsproperty or injury to person may be caused. 10.9 The Seller will not be liable for any change in the property's condition which may occur or be caused after the occupation date, whether due to normal wear and tear or to erosion, climatic conditions or otherwise. 10.10 The Seller will be entitled to make alterations to the unit on condition that it enhances the value of the property.