Common use of CONSUMER PROTECTION ACT Clause in Contracts

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. (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: Contract of Sale clauses 2; 1.13,2.2, 2.3, 3.1, 3.2; 3.4; 3.9; 4; 5 , 5.1, 6 and 6 7. • Annexure “A” Conditions of Sale clauses 2; 3; 4.1; 2.1.3, 2.1.4, 4.2, 5.2; 6.1; 6.2; , 5.3, 5.4, 5.5, 5.6, 5.7, 6.3, 6.4; 6.5; , 6.7, 6.8, 7; 8.2; 8.3;, 11.4, 14, 15, 19 to 25. The Seller has made every effort to incorporate the Purchaser’s consumer rights, as provided for in the CPA, into this Contract. In the event that any provision in this Contract is found to contravene the CPA, the parties agree that such provision shall be severed from this Contract and be treated as if it were not part of this Contract.

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: Contract of Sale clauses 2; 2.2, 2.3, 3.2; 3.4; 3.9; 4; 5 , 5.2, 6 and 6 7. • Annexure “A” Conditions of Sale clauses 2; 3; 4.1; 2.1.3, 2.1.4, 4.2, 5.2; 6.1; , 5.3, 5.4, 5.6, 6.2; 6.4; , 6.3, 6.5; 7; 8.2; 8.3;, 7.4, 7.5, 7.6, 7.7, 7.10, 10.4.1, 10.4.2, 10.4.5, 12, 13.1, 13.3, 17, 18, 19, 22.2, 24, 26 and 28. The Seller has made every effort to incorporate the Purchaser’s consumer rights, as provided for in the CPA, into this Contract. In the event that any provision in this Contract is found to contravene the CPA, the parties agree that such provision shall be severed from this Contract and be treated as if it were not part of this Contract.

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: 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. (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;