CONSUMER PROTECTION ACT. 40.1 The parties confirm that this sale did not come about as a result of direct marketing by the Seller and/or its agent/s but has been concluded as a result of consultative negotiations between the parties.
CONSUMER PROTECTION ACT. 25.1 The Purchaser confirms that it has considered all of the clauses in terms whereof he, amongst other things, limit the liability of the Seller or any other person and acknowledges any fact, in detail. The Parties further acknowledge that none of the terms of this Agreement should be construed as an acknowledgement that the CPA applies to this transaction in circumstances where the CPA would not have been applicable to the transaction.
CONSUMER PROTECTION ACT. 68 of 2008
CONSUMER PROTECTION ACT. 5.1 The Seller declares that it is selling the Property in the ordinary course of its business and certain of the provisions of the Consumer Protection Act may be applicable.
CONSUMER PROTECTION ACT. 33.1. The Purchaser acknowledges that this Agreement contains certain provisions which:
CONSUMER PROTECTION ACT. The Seller declares that it is selling the Property in the ordinary course of its business and certain of the provisions of the Consumer Protection Act may apply. In the event that this transaction resulted from direct marketing as contemplated in the Consumer Protection Act, the Purchaser has a right to rescind this Agreement without reason or penalty, by written notice to the Seller within 5 (FIVE) business days after the Signature Date. The Purchaser confirms that (delete the answer that is not applicable):
CONSUMER PROTECTION ACT. (delete whichever is not applicable) The Purchaser, who is a Juristic Person, warrants to the Seller that its asset value or annual turnover, at the Date of Signature and the Date of Transfer, shall equal or exceed the threshold determined by the Minister in terms of section 6 of the CPA (namely, R2,000,000.00 (two million rand)) and, as a consequence, the sale of the Property to the Purchaser in terms of this Contract, is exempt from the provisions of the CPA (save for the provisions of section 60 and 61 of the CPA). It is recorded that the aforesaid warranty is material to the Seller in entering into this Contract of Sale. The Purchaser undertakes, within 7 (seven) days of being requested to do so by the Seller, to furnish the Seller with its last audited financial accounts, and such other financial information in respect to the Purchaser as the Seller may reasonably require, in order to confirm that the Purchaser’s asset value and/or turnover is as warranted. OR In terms of Section 49 of the CPA, the Purchaser’s attention is drawn to the following clauses in this Contract that purport to either limit the risk or liability of the Seller, or constitute an assumption of risk or liability by the Purchaser, or an indemnification of the Seller or an acknowledgement of any fact: - • Contract: of Sale clauses 2; 3.2; 3.4; 3.9; 4; 5 and 6 • Annexure “A” Conditions of Sale clauses 2; 3; 4.1; 5.2; 6.1; 6.2; 6.4; 6.5; 7; 8.2; 8.3;
CONSUMER PROTECTION ACT. If the Consumer Protection Act No. 68 of 2008 (as amended from time to time) (“CPA”) is applicable to: (a) the relevant transaction (or a portion thereof) between the Customer and the EDDYFI pursuant to this Agreement (the “Relevant Transaction”); and (b) certain clauses in this Agreement, then such clauses shall be read and interpreted as being subject to the relevant provisions of CPA. If the CPA is not applicable to certain clauses in this Agreement then such clause shall not be read as being subject to the CPA. If the Customer is not the final consumer of the goods supplied to it in terms of this Agreement then the Customer hereby indemnifies the EDDYFI against any claims made by the final consumer of the goods against the EDDYFI in relation to the CPA on the basis that the Customer shall pay the EDDYFI one Rand for each one Rand’s worth of loss or damage suffered or incurred by the EDDYFI pursuant to any aforesaid claim made by the final consumer against the EDDYFI. The EDDYFI’s rights of indemnification as aforesaid are not limited or adversely affected regardless of whether: (a) the possibility of such loss or damage sufered or incurred by the EDDYFI was disclosed to the Customer; (b) any special circumstances applying to the EDDYFI were contemplated, or should reasonably have been foreseen by the EDDYFI and the consumer; and/or (c) the EDDYFI and the Customer contemplated, or should reasonably have foreseen, such losses or damages.
CONSUMER PROTECTION ACT. Should the Consumer Protection Act apply to this Agreement:
CONSUMER PROTECTION ACT. 24.1 The PURCHASER acknowledges that in terms of the Consumer Protection Act No 19 of 2008 ("CPA") he/she/they have the right to receive goods ("the Property") that:
