DEVELOPER: LIABILITY FOR DEFECTS Clause Samples
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DEVELOPER: LIABILITY FOR DEFECTS. 6.1 The Unit is sold subject to the conditions, reservations and servitudes contained in the sectional title register and such conditions of sectional title as may be imposed by the developer, the local authority or any other authority. Save as provided for in the Consumer Protection Act and this contract to the contrary, the Purchaser purchases the property “voetstoots” and shall have no claim against the Seller in respect of defects whether latent or patent in the property or the common property of the scheme.
6.2 Notwithstanding the above, the Seller shall rectify defects or fault in the Unit, which arises from faulty materials or workmanship and which appears within a period of 6 (six) months from the occupation date, provided that notice of any defects or faults are given in writing by the Purchaser to the Seller within the said period. In the event that the Purchaser fails timeously to notify the Seller of any defects, the Purchaser shall have no further claims against the Seller for rectification of such defects.
6.3 If there is any dispute regarding the existence or extent of any defect referred to in 6.2, the matter shall be referred to the architect, whose decision shall be final and binding upon the parties.
6.4 The Seller shall within a reasonable time remedy any defect in respect of roof leaks and gutter leaks in the building which may manifest themselves within 1 year after the date of occupation provided that the PURCHASER notifies the Seller in writing within the said period of 1 year of any such defects, failing which, the Purchaser shall be deemed to have accepted the Unit in the condition in which the same are as at the date of occupation
6.5 The Seller shall within a reasonable time remedy any material structural defects in the building which may manifest themselves within 5 years after the date of occupation provided that the Purchaser notifies the Seller in writing within the said period of 5 years of any such defects, failing which, the Purchaser shall be deemed to have accepted the Unit and the exclusive use areas in the condition in which the same are as at the completion date.
6.6 Notwithstanding the provisions of clauses 6.1 to 6.5 above, the Seller shall not be liable for any defects in the Unit and/or the exclusive use areas in respect of the following:
6.6.1 touch up paint of any nature; and
6.6.2 hairline cracks in the plaster work; and
6.6.3 any shrinkage/movement and expansion cracks between different components/materials u...
DEVELOPER: LIABILITY FOR DEFECTS. The property is sold subject to the conditions, reservations and servitudes contained in the sectional title register and such conditions of sectional title as may be imposed by the Seller, the local authority or any other authority. Save as provided for in the Consumer Protection Act and this contract to the contrary, the Purchaser purchases the property “voetstoots” and shall have no claim against the Seller in respect of defects whether latent or patent in the property or the common property of the scheme.
DEVELOPER: LIABILITY FOR DEFECTS. 10.1 The seller undertakes to repair 10.1.1 any latent defect in the unit of which the seller is advised in writing within a period of 6 (SIX) months from the occupation date;
DEVELOPER: LIABILITY FOR DEFECTS. 6.1 The Unit is sold subject to the conditions, reservations and servitudes contained in the sectional title register and such conditions of sectional title as may be imposed by the developer, the local authority or any other authority. Save as provided for in the Consumer Protection Act and this contract to the contrary, the Purchaser purchases the property “voetstoots” and shall have no claim against the Seller in respect of defects whether latent or patent in the property or the Common Property of the scheme.
6.2 Notwithstanding the above, the Seller shall rectify any defects or fault in the Unit, which arises from faulty materials or workmanship and which appears within a period of 6 (six) months from the occupation date, provided that notice of any defects or faults are given in writing by the Purchaser to the Seller within the said period. In the event that the Purchaser fails timeously to notify the Seller of any defects, the Purchaser shall have no further claims against the Seller for rectification of such defects.
6.3 If there is any dispute regarding the existence or extent of any defect referred to in 6.2, the matter shall be referred to the architect, whose decision shall be final and binding upon the parties.
6.4 If, at any time the Purchaser fails to make payment of any amount which is at that time owing due and payable to the Seller, the Seller shall not be obliged to commence or complete any remedial work in terms of this paragraph until the entire amount then outstanding has been paid.
DEVELOPER: LIABILITY FOR DEFECTS. 7.1 The unit is sold subject to the conditions, reservations and servitudes contained in the title deeds of the land and the sectional title register and such conditions of sectional title as may be imposed by the developer, the local authority or any other authority.
7.2 The seller undertakes to repair:
7.2.1 any defect in the structure of the unit which is due to faulty materials and/or improper workmanship, of which the seller is advised in writing within a period of twenty one (21) days from the occupation date;
7.2.2 any defect in the fixtures or fittings in the unit which is due to faulty materials and/or improper workmanship, of which the seller is advised in writing within a period of twenty one (21) days from the occupation date;
7.2.3 any failure in the waterproofing of the unit of which the seller is advised in writing within twelve months of the date of occupation. The seller shall not under any circumstances be liable to any party for any defect, latent or patent, in the unit or the common property of which the seller is not advised as specified within the time periods stipulated herein.
7.3 If there is any dispute regarding the existence or extent of any defect referred to in clause 7.2, the matter shall be referred to the architect, whose decision shall be final and binding upon the parties.
7.4 The purchaser shall not be entitled to claim cancellation of this agreement or any reduction in the purchase price by reason of any minor variations between the plans and the sectional plan as finally registered or any alteration size, location or participation quota of any section as reflected on the plans.
7.5 Although the seller shall be liable within the period referred in clause 7.2.3 to make good any cracks or defects in the waterproofing giving rise to any leak, the seller shall not be liable for any consequential damages arising from the leakage, for example any repair to or replacement of carpets, household goods, electrical appliances and the like, all of which shall be for the account of the purchaser.
7.6 If, at any time the purchaser fails to make payment of any amount which is at that time owing due and payable to the seller, the seller shall not be obliged to commence or complete any remedial work in terms of this paragraph until the entire amount then outstanding has been paid.