Common use of Rectification of Defects Clause in Contracts

Rectification of Defects. 12.1. The Purchaser shall be entitled to submit a written list listing (i) any patent defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirty) days after the Occupation Date and (ii) any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1, then the Purchaser shall be deemed to have accepted the Property to be in a fit and proper condition and free of any defects (whether latent or patent). 12.3. If the Patent Defects List and the Latent Defects List, as the case may be, is furnished to the Seller timeously then, subject always to the provisions of clauses 12.2, 12.5 and 12.6, the Seller shall cause reasonable repairs to items on the such list(s) for which it is responsible, to be effected as soon as reasonably possible, after receipt of the Patent Defects List of the Latent Defects List (as the case may be). 12.4. After the Seller has attended to remedy the defects for which it is liable in accordance with the provisions of this in this clause 12, no liability shall attach to the Seller in respect of any defects in the Property and (save as may be elsewhere provided) and the Purchaser shall have no further claim in respect of the Property against the Seller. 12.5. The Seller's obligations in terms of this clause 12 shall:- 12.5.1. only apply in respect of defects arising as a result of faulty workmanship or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. not apply in respect of or arising in any way from any work, carried out by any person appointed directly by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser; 12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission of the Latent Defects List or the Patents Defects List, as the case may be; and

Rectification of Defects. 12.1. 27.1 The Purchaser shall be entitled to submit a written list listing within 14 (i) any patent defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirtyfourteen) days after the Contractual Occupation Date and (ii) notify the Seller in writing by way of a snaglist of all or any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1Unit, then failing which the Purchaser shall be deemed to have accepted the Property Unit in good order and condition. Only ONE snaglist shall be considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to be rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Contractual Occupation Date and which is the result of defective materials and/or workmanship. 27.2 The Seller shall within a reasonable time remedy any material roof structure defects which may manifest themselves within 3 (three) years after the Contractual Occupation Date provided that the Purchaser notifies the Seller in a fit and proper condition and free writing within the said period of 3 (three) years of any defects (whether latent or patent)such defects, failing which, the Purchaser shall be deemed to have accepted the Section in the condition in which the same is as at the Contractual Occupation Date. 12.3. If 27.3 The Seller shall within a reasonable time remedy any material structural defects in the Patent Defects List and Section which may manifest themselves within 5 (five) years after the Latent Defects List, as Contractual Occupation Date provided that the case may be, is furnished to Purchaser notifies the Seller timeously thenin writing within the said period of 5 (five) years of any such defects, subject always failing which, the Purchaser shall be deemed to have accepted the provisions Section in the condition in which the same is as at the Contractual Occupation Date. 27.4 The Seller shall only be responsible in terms of clauses 12.2, 12.5 27.1 to 27.3 above for defects caused by faulty materials and/or workmanship and 12.6, the Seller shall cause reasonable repairs to items on under no circumstances be liable for any consequential loss or damage. 27.5 Upon the such list(s) for which it is responsible, to be effected as soon as reasonably possible, after receipt issue of a certificate of final completion by the Architect in respect of the Patent Defects List of Unit the Latent Defects List (as the case may be). 12.4. After the Seller has attended to remedy the defects for which it is liable in accordance with the provisions of this in this clause 12, Purchaser shall have no liability shall attach to claim whatsoever against the Seller in respect of the Subject Matter and/or any defects in the Property and therein (save as may be elsewhere providedwhether patent or latent) and the Purchaser shall have no further claim in respect of the Property against the Seller. 12.5. The Seller's obligations other than in terms of this clause 12 shall:-clauses 27.1, 27.2 and 27.3 (inclusive) above. 12.5.1. only apply in respect 27.6 In the event of defects arising as a result of faulty workmanship or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. not apply in respect of or arising in any way from any work, carried out by any person appointed directly by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser; 12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission 14 (fourteen) day period referred to in clause 27.1 above, the Seller hereby cedes to the Purchaser its rights to claim from the contractor/nominated sub-contractor/supplier (to the extent that the Seller is not precluded therefrom). 27.7 All undertakings hereby given to the Purchaser are personal to the Purchaser and cannot be alienated or disposed of by the Latent Defects List Purchaser in any way. 27.8 The Purchaser shall not be entitled to withhold, set off or retain any amounts owing by the Patents Defects List, as Purchaser to the case may be; andSeller nor shall the Purchaser be entitled to withhold or ▇▇▇▇▇ payment of any amount due to the Seller in terms of this Agreement.

Rectification of Defects. 12.1. 27.1 The Purchaser shall be entitled to submit a written list listing within 14 (i) any patent defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirtyfourteen) days after the Occupation Date and (ii) notify the Seller in writing by way of a snaglist of all or any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1Unit, then failing which the Purchaser shall be deemed to have accepted the Property Unit in good order and condition. Only ONE snaglist shall be considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to be rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Occupation Date and which is the result of defective materials and/or workmanship. 27.2 The Seller shall within a reasonable time remedy any material roof structure defects which may manifest themselves within 3 (three) years after the Occupation Date provided that the Purchaser notifies the Seller in a fit and proper condition and free writing within the said period of 3 (three) years of any defects (whether latent or patent)such defects, failing which, the Purchaser shall be deemed to have accepted the Section in the condition in which the same is as at the Occupation Date. 12.3. If 27.3 The Seller shall within a reasonable time remedy any material structural defects in the Patent Defects List and Section which may manifest themselves within 5 (five) years after the Latent Defects List, as Occupation Date provided that the case may be, is furnished to Purchaser notifies the Seller timeously thenin writing within the said period of 5 (five) years of any such defects, subject always failing which, the Purchaser shall be deemed to have accepted the provisions Section in the condition in which the same is as at the Occupation Date. 27.4 The Seller shall only be responsible in terms of clauses 12.2, 12.5 27.1 to 27.3 above for defects caused by faulty materials and/or workmanship and 12.6, the Seller shall cause reasonable repairs to items on the such list(s) under no circumstances be liable for which it is responsible, to be effected as soon as reasonably possible, after receipt of the Patent Defects List of the Latent Defects List (as the case may be)any consequential loss or damage. 12.4. After 27.5 In the Seller has attended to remedy the defects for which it is liable in accordance with the provisions event of this in this clause 12, no liability shall attach to the Seller in respect of any defects in the Property and (save as may be elsewhere provided) and the Purchaser shall have no further claim in respect of the Property against the Seller. 12.5. The Seller's obligations in terms of this clause 12 shall:- 12.5.1. only apply in respect of defects arising as a result of faulty workmanship or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. not apply in respect of or arising in any way from any work, carried out by any person appointed directly by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser; 12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission 14 (fourteen) day period referred to in clause 27.1 above, the Seller hereby cedes to the Purchaser its rights to claim from the contractor/nominated sub-contractor/supplier (to the extent that the Seller is not precluded therefrom). 27.6 All undertakings hereby given to the Purchaser are personal to the Purchaser and cannot be alienated or disposed of by the Latent Defects List Purchaser in any way. 27.7 The Purchaser shall not be entitled to withhold, set off or retain any amounts owing by the Patents Defects List, as Purchaser to the case may be; andSeller nor shall the Purchaser be entitled to withhold or ▇▇▇▇▇ payment of any amount due to the Seller in terms of this Agreement.

Rectification of Defects. 12.1. 27.1 The Purchaser shall be entitled to submit a written list listing within 14 (i) any patent defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirtyfourteen) days after the Contractual Occupation Date and (ii) notify the Seller in writing by way of a snaglist of all or any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1Unit, then failing which the Purchaser shall be deemed to have accepted the Property Unit in good order and condition. Only ONE snaglist shall be considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to be rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Contractual Occupation Date and which is the result of defective materials and/or workmanship. 27.2 The Seller shall within a reasonable time remedy any material roof structure defects which may manifest themselves within 3 (three) years after the Contractual Occupation Date provided that the Purchaser notifies the Seller in a fit and proper condition and free writing within the said period of 3 (three) years of any defects (whether latent or patent)such defects, failing which, the Purchaser shall be deemed to have accepted the Section in the condition in which the same is as at the Contractual Occupation Date. 12.3. If 27.3 The Seller shall within a reasonable time remedy any material structural defects in the Patent Defects List and Section which may manifest themselves within 5 (five) years after the Latent Defects List, as Contractual Occupation Date provided that the case may be, is furnished to Purchaser notifies the Seller timeously thenin writing within the said period of 5 (five) years of any such defects, subject always failing which, the Purchaser shall be deemed to have accepted the provisions Section in the condition in which the same is as at the Contractual Occupation Date. 27.4 The Seller shall only be responsible in terms of clauses 12.2, 12.5 27.1 to 27.3 above for defects caused by faulty materials and/or workmanship and 12.6, the Seller shall cause reasonable repairs to items on under no circumstances be liable for any consequential loss or damage. 27.5 Upon the such list(s) for which it is responsible, to be effected as soon as reasonably possible, after receipt issue of a certificate of final completion by the Architect in respect of the Patent Defects List of Unit if required, the Latent Defects List (as the case may be). 12.4. After the Seller has attended to remedy the defects for which it is liable in accordance with the provisions of this in this clause 12, Purchaser shall have no liability shall attach to claim whatsoever against the Seller in respect of the Subject Matter and/or any defects in the Property and therein (save as may be elsewhere providedwhether patent or latent) and the Purchaser shall have no further claim in respect of the Property against the Seller. 12.5. The Seller's obligations other than in terms of this clause 12 shall:-clauses 27.1, 27.2 and 27.3 (inclusive) above. 12.5.1. only apply in respect 27.6 In the event of defects arising as a result of faulty workmanship or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. not apply in respect of or arising in any way from any work, carried out by any person appointed directly by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser; 12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission 14 (fourteen) day period referred to in clause 27.1 above, the Seller hereby cedes to the Purchaser its rights to claim from the contractor/nominated sub-contractor/supplier (to the extent that the Seller is not precluded therefrom). 27.7 All undertakings hereby given to the Purchaser are personal to the Purchaser and cannot be alienated or disposed of by the Latent Defects List Purchaser in any way. 27.8 The Purchaser shall not be entitled to withhold, set off or retain any amounts owing by the Patents Defects List, as Purchaser to the case may be; andSeller nor shall the Purchaser be entitled to withhold or ▇▇▇▇▇ payment of any amount due to the Seller in terms of this Agreement.

Rectification of Defects. 12.1. 27.1 The Purchaser shall be entitled to submit a written list listing within 14 (i) any patent defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirtyfourteen) days after the Occupation Date and (ii) notify the Seller in writing by way of a snaglist of all or any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1Unit, then failing which the Purchaser shall be deemed to have accepted the Property Unit in good order and condition. Only ONE snaglist shall be considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to be rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Occupation Date and which is the result of defective materials and/or workmanship. 27.2 The Seller shall within a reasonable time remedy any material roof structure defects which may manifest themselves within 3 (three) years after the Occupation Date provided that the Purchaser notifies the Seller in a fit and proper condition and free writing within the said period of 3 (three) years of any defects (whether latent or patent)such defects, failing which, the Purchaser shall be deemed to have accepted the Section in the condition in which the same is as at the Occupation Date. 12.3. If 27.3 The Seller shall within a reasonable time remedy any material structural defects in the Patent Defects List and Section which may manifest themselves within 5 (five) years after the Latent Defects List, as Occupation Date provided that the case may be, is furnished to Purchaser notifies the Seller timeously thenin writing within the said period of 5 (five) years of any such defects, subject always failing which, the Purchaser shall be deemed to have accepted the provisions Section in the condition in which the same is as at the Occupation Date. 27.4 The Seller shall only be responsible in terms of clauses 12.2, 12.5 27.1 to 27.3 above for defects caused by faulty materials and/or workmanship and 12.6, the Seller shall cause reasonable repairs to items on under no circumstances be liable for any consequential loss or damage. 27.5 Upon the such list(s) for which it is responsible, to be effected as soon as reasonably possible, after receipt issue of a certificate of final completion by the Architect in respect of the Patent Defects List of Unit the Latent Defects List (as the case may be). 12.4. After the Seller has attended to remedy the defects for which it is liable in accordance with the provisions of this in this clause 12, Purchaser shall have no liability shall attach to claim whatsoever against the Seller in respect of the Subject Matter and/or any defects in the Property and therein (save as may be elsewhere providedwhether patent or latent) and the Purchaser shall have no further claim in respect of the Property against the Seller. 12.5. The Seller's obligations other than in terms of this clause 12 shall:-clauses 27.1, 27.2 and 27.3 (inclusive) above. 12.5.1. only apply in respect 27.6 In the event of defects arising as a result of faulty workmanship or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. not apply in respect of or arising in any way from any work, carried out by any person appointed directly by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser; 12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission 14 (fourteen) day period referred to in clause 27.1 above, the Seller hereby cedes to the Purchaser its rights to claim from the contractor/nominated sub-contractor/supplier (to the extent that the Seller is not precluded therefrom). 27.7 All undertakings hereby given to the Purchaser are personal to the Purchaser and cannot be alienated or disposed of by the Latent Defects List Purchaser in any way. 27.8 The Purchaser shall not be entitled to withhold, set off or retain any amounts owing by the Patents Defects List, as Purchaser to the case may be; andSeller nor shall the Purchaser be entitled to withhold or ▇▇▇▇▇ payment of any amount due to the Seller in terms of this Agreement.

Rectification of Defects. 12.1. 11.1 The Purchaser shall be entitled to submit a obliged, within 14 (fourteen) days from date of written list listing (i) notification by the Seller or his nominee that the Property is ready for inspection, notify the Seller in writing of all or any patent defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirty) days after the Occupation Date and (ii) any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1Property, then failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification shall be hand delivered by the Purchaser to the Seller’s chosen domicilium address. The Seller shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be in a fit and proper condition and free effected within 30 (thirty) days of any defects (whether latent or patent)such notification, at the Seller's cost. 12.3. If 11.2 Any deviation from the Patent Defects List building works, fixtures and fittings not reflected on the Latent Defects Listbuilding plans will be for the purchaser’s account. 11.3 The Purchaser shall further be obliged, as the case may bewithin 14 (fourteen) days after Occupation Date, is furnished to notify the Seller timeously then, subject always to the provisions in writing of clauses 12.2, 12.5 such defects that still require attention and 12.6, the Seller shall cause all such reasonable repairs as may be necessary to items on the rectify such list(s) for which it is responsible, defects to be effected as soon as reasonably possiblewithin 30 (thirty) days of such notification, after receipt of at the Patent Defects List of Seller's cost. This written notification shall be hand delivered by the Latent Defects List (as Purchaser to the case may be)Seller’s chosen domicilium address. 12.4. After 11.4 The Purchaser shall allow the Seller and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs. 11.5 The Seller shall only be responsible for defects relating to faulty materials and/or workmanship and the Seller shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage. 11.6 A certificate issued by the Architect to the effect that any defect has attended to remedy been rectified shall be final and binding on both parties and shall relieve the defects for which it is liable Seller from any further obligation in accordance with respect of such defect. 11.7 The Purchaser acknowledges and agrees that the provisions of this in this clause 12, Purchaser shall have no liability shall attach to claim against the Seller in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Seller in accordance with the aforegoing provisions. 11.8 The Seller warrants that in respect of the Buildings : 11.8.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder; 11.8.2 the Buildings will be enrolled with the National Home Builders Registration Council; 11.9 The Seller shall carry out such works and repairs that may be necessary to honour the term and condition of the warranty provided by the National Home Builders Registration Council in respect of the Property, the Building and other structures to be erected upon the Land. 11.10 The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect, the Seller shall be deemed to have fulfilled the Seller's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Seller in respect of the Common Property. 11.11 In the case of any defect for which the Seller is not liable, the Seller hereby cedes to the Purchaser its rights to claim from the contractor/ nominated sub- contractor / supplier (to the extent that the Seller is not precluded therefrom). 11.12 Notwithstanding the aforegoing provisions, the Seller shall not be liable for any defects in the Property and (save as may be elsewhere provided) and beyond the Purchaser shall have no further claim Occupation Date in respect of the Property against the Seller. 12.5. The Seller's obligations in terms of this clause 12 shall:- 12.5.1. only apply in respect of defects arising as a result of faulty workmanship or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. not apply in respect of or arising in any way from any work, carried out by any person appointed directly by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser; 12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission of the Latent Defects List or the Patents Defects List, as the case may be; andfollowing:

Rectification of Defects. 12.1. 27.1 The Purchaser shall be entitled to submit a written list listing within 14 (i) any patent defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirtyfourteen) days after the Occupation Date and (ii) notify the Seller in writing by way of a snaglist of all or any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1Unit, then failing which the Purchaser shall be deemed to have accepted the Property Unit in good order and condition. Only ONE snaglist shall be considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to be rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Occupation Date and which is the result of defective materials and/or workmanship. 27.2 The Seller shall within a reasonable time remedy any material roof structure defects which may manifest themselves within 3 (three) years after the Occupation Date provided that the Purchaser notifies the Seller in a fit and proper condition and free writing within the said period of 3 (three) years of any defects (whether latent or patent)such defects, failing which, the Purchaser shall be deemed to have accepted the Section in the condition in which the same is as at the Occupation Date. 12.3. If 27.3 The Seller shall within a reasonable time remedy any material structural defects in the Patent Defects List and Section which may manifest themselves within 5 (five) years after the Latent Defects List, as Occupation Date provided that the case may be, is furnished to Purchaser notifies the Seller timeously thenin writing within the said period of 5 (five) years of any such defects, subject always failing which, the Purchaser shall be deemed to have accepted the provisions Section in the condition in which the same is as at the Occupation Date. 27.4 The Seller shall only be responsible in terms of clauses 12.2, 12.5 27.1 to 27.3 above for defects caused by faulty materials and/or workmanship and 12.6, the Seller shall cause reasonable repairs to items on under no circumstances be liable for any consequential loss or damage. 27.5 Upon the such list(s) for which it is responsible, to be effected as soon as reasonably possible, after receipt issue of a certificate of final completion by the Architect in respect of the Patent Defects List of Unit if required, the Latent Defects List (as the case may be). 12.4. After the Seller has attended to remedy the defects for which it is liable in accordance with the provisions of this in this clause 12, Purchaser shall have no liability shall attach to claim whatsoever against the Seller in respect of the Subject Matter and/or any defects in the Property and therein (save as may be elsewhere providedwhether patent or latent) and the Purchaser shall have no further claim in respect of the Property against the Seller. 12.5. The Seller's obligations other than in terms of this clause 12 shall:-clauses 27.1, 27.2 and 27.3 (inclusive) above. 12.5.1. only apply in respect 27.6 In the event of defects arising as a result of faulty workmanship or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. not apply in respect of or arising in any way from any work, carried out by any person appointed directly by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser; 12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission 14 (fourteen) day period referred to in clause 27.1 above, the Seller hereby cedes to the Purchaser its rights to claim from the contractor/nominated sub-contractor/supplier (to the extent that the Seller is not precluded therefrom). 27.7 All undertakings hereby given to the Purchaser are personal to the Purchaser and cannot be alienated or disposed of by the Latent Defects List Purchaser in any way. 27.8 The Purchaser shall not be entitled to withhold, set off or retain any amounts owing by the Patents Defects List, as Purchaser to the case may be; andSeller nor shall the Purchaser be entitled to withhold or ▇▇▇▇▇ payment of any amount due to the Seller in terms of this Agreement.

Rectification of Defects. 12.1. The 10.1 Without derogating from any provision or right contained in the CPA or any other law, the Purchaser shall be entitled to submit shall, within a period of 14 (fourteen) days from the date of actual occupation of the Section, provide the Seller with a written list listing (i) any patent of defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirty) days after the Occupation Date and (ii) any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days respect of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1Section, then failing which the Purchaser shall be deemed to have inspected and accepted the Property to be Section in a fit good order and proper condition and free of any defects (whether latent or patent)condition. 12.3. If the Patent Defects List and the Latent Defects List, as the case may be, is furnished to the Seller timeously then, subject always to the provisions of clauses 12.2, 12.5 and 12.6, the Seller shall cause reasonable repairs to items on the such list(s) for which it is responsible, to be effected as soon as reasonably possible, after receipt of the Patent Defects List of the Latent Defects List (as the case may be). 12.4. After the Seller has attended to remedy the defects for which it is liable in accordance with the provisions of this in this clause 12, no liability shall attach to the Seller in respect of any defects in the Property and (save as may be elsewhere provided) and the Purchaser shall have no further claim in respect of the Property against the Seller. 12.5. 10.2 The Seller's ’s obligations in terms of this clause 12 shall:- 12.5.1. 10.1 above shall only apply in respect of defects arising as a result of faulty workmanship or and/or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. shall not apply in respect of other defects or leaks howsoever arising. 10.3 The Seller shall cause repairs to be made in respect of the listed defects within 30 (thirty) days after receipt of the said list of defects, it being specifically recorded that the Seller, and all persons appointed and/or authorized by the Seller, shall be entitled to enter/access the Section for the purposes of effecting the said repairs. 10.4 In the event of a dispute arising in any way as to whether the Seller has rectified such defects, a certificate issued by the Architect or Engineer certifying that such defects have indeed been rectified shall be final and binding on the parties and shall relieve the Seller from any workfurther obligations in respect of the said list of defects. 10.5 The Purchaser acknowledges that he may suffer inconvenience from building operations conducted upon ▇▇▇▇▇ being sold by the Seller in the immediate surrounds and from noise and dust resulting therefrom, carried out or, alternatively, from the installation of services in the event of the Seller phasing the installation of the required services and the Purchaser shall have no claim whatsoever against the Seller, nor shall the Purchaser be entitled to the cancellation of this Agreement or any reduction in the purchase price or interest thereon by any person appointed directly reason of such inconvenience. 10.6 In terms of Section 13(2)(a) of the HCPM Act, the Seller warrants that: 10.6.1 The Section shall be enrolled with the National Home Builders Registration Council (“NHBRC”); 10.6.2 The Section shall be constructed in a workmanlike manner; 10.6.3 The Section shall be fit for occupation; and 10.6.4 The Section shall be constructed in accordance with terms, plans and specifications as contained in this Agreement and the NHBRC Technical Requirements to the extent applicable at the date of enrollment of the Section with the NHBRC. 10.7 In terms of Section 13(2)(b)of the HCPM Act, the Seller undertakes, at its cost, to: 10.7.1 rectify major structural defects in the Section caused by non-compliance with the NHBRC Technical Requirements occurring within a period of no more than 5 (five) years from the actual date of occupation of the Section, provided that the Seller is notified by the Purchaser within the aforementioned period; and 10.7.2 repair roof leaks attributable to workmanship, design or by any consultant, designer, agent, employee, or other person authorised materials occurring and notified to the Seller by the Purchaser and effected at within a period of 12 (twelve) months from the instance actual date of occupation of the Purchaser;Section. 12.5.4. 10.8 Notwithstanding anything contained in this Agreement to the contrary, the Seller shall not apply to any be liable for defects in the Property directly Section in respect of: 10.8.1 any damage or indirectly defects not having been caused by the wilful Seller or negligent acts its agents; and 10.8.2 damage or omission of the Purchaser defects caused by stormwater, rainwater, shrinkage, hairline cracks in plaster work and normal wear and tear resulting from general use or any occupant who occupies or uses the Property (or part thereof) with the knowledge of neglect by the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission of the Latent Defects List or the Patents Defects List, as the case may be; and.

Rectification of Defects. 12.113.1 The SELLER shall carry out such works and repairs that may be necessary to honour the terms and conditions of the warranty provided by the National Home Builder's Registration Council and the Consumer Protection Act No. 68 of 2008, if applicable, in respect of the Unit as well as the buildings, swimming pool and other structures erected or to be erected upon the Property. Subject to the provisions of 13.7 below:- 2011/08/01 16 13.1.1 The Purchaser PURCHASER shall be entitled to submit a written list listing (i) any of patent defects in of the Property (the "Patent Defects List") Unit to the Seller SELLER by no later than 30 45 (thirtyforty five) days after the Occupation Date and (ii) any latent defects possession date. 13.1.2 If the list referred to above is not furnished in the Property (said described period, the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1, then the Purchaser PURCHASER shall be deemed to have accepted the Property Unit to be in a fit and proper condition and condition, i.e. free of any defects (whether latent or patent)defects. 12.3. If the Patent Defects List and the Latent Defects List, as the case may be, is furnished to the Seller timeously then, subject always to 13.2 Notwithstanding the provisions of clauses 12.2, 12.5 and 12.6this clause 13, the Seller SELLER shall cause reasonable repairs not be liable for any defects of the Unit beyond the date of possession in respect of the following: 13.2.1 hairline cracks in the plaster work; and 13.2.2 any minor shrinkages/movement in expansion cracks between the different components but as materials used for cracking that might appear in the control movement of joints; and 13.2.3 any mould growth caused by lack of ventilation and/or condensation. 13.3 The Architect will forthwith verify the defects listed therein and after consultation with the PURCHASER, give instructions as provided for in 13.4 hereunder. 13.4 The Architect shall instruct the Contractor to items on remedy those defects agreed upon with the PURCHASER who shall be obliged to, within a period of 90 (ninety) days or such list(s) for extended period which it is responsible, to may be effected as soon as reasonably possible, required by the Contractor given the nature of a particular defect after receipt of the Patent Defects List of fault list as contemplated in clause 13.1.1 above, remedy the Latent Defects List (as the case may be)defects. 12.4. After 13.5 All warranties and undertaking given by the Seller has attended to remedy the defects for which it is liable in accordance with the provisions of this in this clause 12, no liability shall attach SELLER to the Seller in respect of any defects in the Property and (save as may be elsewhere provided) and the Purchaser shall have no further claim in respect of the Property against the Seller. 12.5. The Seller's obligations PURCHASER in terms of this clause 12 shall:-Agreement are personal to the PURCHASER who shall not be entitled to cede, assign or make over his rights thereto. 12.5.1. only apply in respect 13.6 The PURCHASER shall not withhold any payment to the Seller of defects arising whatsoever nature if at the time of registration of the defects, as a result of faulty workmanship or materials used referred to in the construction list as per clause 13.1.1 above, have not yet been rectified. 13.7 No provisions in this clause 13 shall preclude the PURCHASER from exercising its/his/her rights in terms of Section 56 providing implied warranties of quality to the PURCHASER, read with Section 55 providing the PURCHASER with certain remedies to be exercised within 6 (six) months of transfer of the Property and for no other defectsproperty to the PURCHASER, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner both being Sections of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3Consumer Protection Act, No. not apply in respect 68 of or arising in any way from any work, carried out by any person appointed directly by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser; 12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission of the Latent Defects List or the Patents Defects List, as the case may be; and2005.

Rectification of Defects. 12.1. 9.1 The Purchaser shall, together with the duly authorised representative of the Seller on the Occupation Date contemplated in 8.1 above, prepare a list listing patent (visible) defects found in the Unit which shall be entitled signed off by both parties (the “Patent Defect List”). In the event that the Purchaser requires the Architect to submit take hand over on his / her behalf as provided for in 8.1 above, the Purchaser hereby authorises the Architect to prepare the required Patent Defect List. It is recorded that the Purchaser shall not be precluded from exercising his / her rights in terms of Section 56 as read with Section 55 of the Consumer Protection Act insofar as they may be applicable. 9.2 The Seller shall only be responsible for such defects provided in the Patent Defect List caused by faulty materials and/or workmanship and the Seller shall under no circumstances be liable for any consequential loss or damage and the Purchaser hereby waives any such claim and indemnifies the Seller in this respect. 9.3 A certificate issued by the Architect to the effect that the defects referred to in the Patent Defect List have been rectified shall be final and binding on both parties and shall relieve the Seller from any further obligation in respect of such defect. 9.4 The Purchaser acknowledges and agrees that he shall have no claim against the Seller in respect of defects, whether latent, patent or otherwise in the Common Property or the Unit/s save for defects of which the Purchaser shall have notified the Seller pursuant to clause 9.1. 9.5 The Common Property shall on the establishment of the Body Corporate, be inspected by the Architect and when approved by the Architect the Seller shall be deemed to have fulfilled the Seller's obligations to the owners and the Body Corporate and neither the owners nor the Body Corporate shall have any claim against the Seller in respect of the Common Property. 9.6 The Seller shall, within a written list listing reasonable time, remedy any material latent (inon – visual) any patent defects in the Property Unit which manifest themselves within 1 (the "Patent Defects List"one) to the Seller by no later than 30 (thirty) days year after the Occupation Date and (ii) any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1, then provided that the Purchaser shall be deemed to have accepted the Property to be Unit in a fit and proper the condition and free of any defects (whether latent or patent)in which it was at the Occupation Date. 12.3. If the Patent Defects List and the Latent Defects List, as the case may be, is furnished to the Seller timeously then, subject always to 9.7 Notwithstanding the provisions of clauses 12.2, 12.5 and 12.6this clause 9, the Seller shall not be liable for any defects of the Property beyond the Occupation Date in respect of the following: 9.7.1 hairline cracks in the plaster work; 9.7.2 any minor shrinkages/movement in expansion cracks between the different components but as materials used for cracking that might appear in the control movements of joints; and 9.7.3 any mould growth caused by lack of ventilation and/or condensation. 9.8 In addition, the Purchaser shall not have any claim of any nature against the Seller for any loss, damage or injury which the Purchaser, his agents and/or invitees may directly or indirectly suffer by reason of any latent or patent defects in the Unit or any part thereof being in a defective condition or state of disrepair or arising out of vis major or casus fortuitus or any other cause reasonable repairs either wholly or partly beyond the Seller’s control or arising out of any act or omission by any other Purchaser of a Unit in the Development. 9.9 All warranties and undertakings hereby given to items the Purchaser in terms of this Agreement are personal to the Purchaser and cannot be alienated or disposed of by the Purchaser is any way. 9.10 The Purchaser acknowledges and accepts that the seller, shall at all times have the sole and exclusive right to advertise on the such list(s) for exterior space of the Building and that the Purchaser shall not be permitted to, at any stage whatsoever, advertise on the exterior space of the Building. Should the Purchaser advertise on the exterior space of the Building, the Seller shall have the right, without prejudice to any other rights which it is responsiblemay have in law, to be effected as soon as reasonably possible, after receipt immediately remove such advertising by the Purchaser and the Purchaser indemnifies and holds the Seller harmless in this respect from any claim of the Patent Defects List of the Latent Defects List (as the case may be)whatsoever nature and howsoever arising. 12.4. After 9.11 The Purchaser shall not be entitled to withhold, set-off or retain any amounts owing by the Purchaser to the Seller has attended nor shall the Purchaser be entitled to remedy the defects for which it is liable in accordance with the provisions withhold or ▇▇▇▇▇ payment of this in this clause 12, no liability shall attach any amount due to the Seller in respect terms of the Agreement, regardless of whether any defects in the Property and (save as may be elsewhere provided) and the Purchaser shall identified herein have no further claim in respect of the Property against the Sellernot yet been rectified. 12.5. The Seller's obligations in terms 9.12 For the sake of this clause 12 shall:- 12.5.1. only apply in respect of clarity, the Seller will not be responsible for any defects arising as a result of faulty workmanship or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject from work / variations done to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. not apply in respect of or arising in any way from any work, carried out by any person appointed directly unit by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser; 12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission of the Latent Defects List or the Patents Defects List, as the case may be; andhis representatives.

Rectification of Defects. 12.1. The 10.1 Without derogating from any provision or right contained in the CPA or any other law, the Purchaser shall be entitled to submit shall, within a period of 14 (fourteen) days from the date of actual occupation of the Property, provide the Seller with a written list listing (i) any patent of defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirty) days after the Occupation Date and (ii) any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days respect of the Occupation Date. 12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1Property, then failing which the Purchaser shall be deemed to have inspected and accepted the Property to be in a fit good order and proper condition and free of any defects (whether latent or patent)condition. 12.3. If the Patent Defects List and the Latent Defects List, as the case may be, is furnished to the Seller timeously then, subject always to the provisions of clauses 12.2, 12.5 and 12.6, the Seller shall cause reasonable repairs to items on the such list(s) for which it is responsible, to be effected as soon as reasonably possible, after receipt of the Patent Defects List of the Latent Defects List (as the case may be). 12.4. After the Seller has attended to remedy the defects for which it is liable in accordance with the provisions of this in this clause 12, no liability shall attach to the Seller in respect of any defects in the Property and (save as may be elsewhere provided) and the Purchaser shall have no further claim in respect of the Property against the Seller. 12.5. 10.2 The Seller's ’s obligations in terms of this clause 12 shall:- 12.5.1. 10.1 above shall only apply in respect of defects arising as a result of faulty workmanship or and/or materials used in the construction of the Property and for no other defects, howsoever arising; 12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s); 12.5.3. shall not apply in respect of other defects or leaks howsoever arising. 10.3 The Seller shall cause repairs to be made in respect of the listed defects within 30 (thirty) days after receipt of the said list of defects, it being specifically recorded that the Seller, and all persons appointed and/or authorized by the Seller, shall be entitled to enter/access the Property for the purposes of effecting the said repairs. 10.4 In the event of a dispute arising in any way as to whether the Seller has rectified such defects, a certificate issued by the Architect or Engineer certifying that such defects have indeed been rectified shall be final and binding on the parties and shall relieve the Seller from any work, carried out by any person appointed directly further obligations in respect of the said list of defects. 10.5 The Purchaser acknowledges that he may suffer inconvenience from building operations conducted upon ▇▇▇▇▇ being sold by the Purchaser or by any consultantSeller in the immediate surrounds and from noise and dust resulting therefrom, designeror, agentalternatively, employee, or other person authorised by from the installation of services in the event of the Seller phasing the installation of the required services and the Purchaser shall have no claim whatsoever against the Seller, nor shall the Purchaser be entitled to the cancellation of this Agreement or any reduction in the purchase price or interest thereon by reason of such inconvenience. 10.6 In terms of Section 13(2)(a) of the HCPM Act, the Seller warrants that: 10.6.1 The Property shall be enrolled with the National Home Builders Registration Council (“NHBRC”); 10.6.2 The Property shall be constructed in a workmanlike manner; 10.6.3 The Property shall be fit for occupation; and 10.6.4 The Property shall be constructed in accordance with terms, plans and effected specifications as contained in this Agreement and the NHBRC Technical Requirements to the extent applicable at the instance date of enrollment of the Purchaser;Property with the NHBRC. 12.5.4. not apply to any 10.7 In terms of Section 13(2)(b)of the HCPM Act, the Seller undertakes, at its cost, to: 10.7.1 rectify major structural defects in the Property directly caused by non-compliance with the NHBRC Technical Requirements occurring within a period of no more than 5 (five) years from the actual date of occupation of the Property, provided that the Seller is notified by the Purchaser within the aforementioned period; and 10.7.2 repair roof leaks attributable to workmanship, design or indirectly materials occurring and notified to the Seller by the Purchaser within a period of 12 (twelve) months from the actual date of occupation of the Property. 10.8 Notwithstanding anything contained in this Agreement to the contrary, the Seller shall not be liable for defects in the Property in respect of: 10.8.1 any damage or defects not having been caused by the wilful Seller or negligent acts its agents; and 10.8.2 damage or omission of the Purchaser defects caused by stormwater, rainwater, shrinkage, hairline cracks in plaster work and normal wear and tear resulting from general use or any occupant who occupies or uses the Property (or part thereof) with the knowledge of neglect by the Purchaser; 12.5.5. not apply to any defect manifesting itself subsequent to the submission of the Latent Defects List or the Patents Defects List, as the case may be; and.