Common use of DEVELOPER: LIABILITY FOR DEFECTS Clause in Contracts

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 used or cracking which might appear in control movement joints; and 6.6.4 any mould growth caused by a lack of ventilation and/or condensation; and 6.6.5 any doors and windows slamming in windy conditions or any damage caused thereby; and 6.6.6 wind and rain entering through the windows and doors left open. 6.7 All warranties and undertakings given by the Seller to the Purchaser in terms of this agreement are personal to the Purchaser who shall not be entitled to cede, assign or make over its rights thereto. 6.8 The certificate of final completion (as defined in the standard JBCC building contract) issued by the architect shall be conclusive evidence as to the completion of the Unit and/or the exclusive use areas, and that all patent defects have been made good which certificate will be issued, only in the event of a dispute, after the completion of the Unit and the architect is satisfied that all patent defects have been made good in terms of clause 6 above. 6.9 Upon the issue of a certificate of final completion by the architect in respect of the Unit and/or the exclusive use areas, the Purchaser shall have no claim whatsoever against the Seller in respect of the Unit and/or exclusive use areas and/or any defects therein (whether patent or latent) other than in terms of this clause. 6.10 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. 6.1 9.1 The Unit 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 developerDeveloper, the local authority City of Cape Town or any other authority. Save as provided for in the Consumer Protection Act and this contract Agreement to the contrary, the Purchaser purchases the property Property “voetstoots” and shall have no claim against the Seller in respect of defects whether latent or patent in the property Property or the common property Common Property of the schemeScheme. 6.2 Notwithstanding 9.2 The Seller shall notify the abovePurchaser of the issue of the Occupation Certificate by the City of Cape Town. The Seller (or his Agent) and Purchaser shall inspect the Unit and shall complete and sign Acceptance of Handover Document after such inspection. 9.3 The Purchaser shall in writing, within 10 days of taking occupation, identify all Snags in the Unit on the Snag List provided by Seller, where after the Seller shall rectify defects or fault in the Unit, which arises from faulty materials or workmanship and which appears attend to such snags within a period of 6 3 (sixthree) 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 defectstaking occupation. 6.3 9.4 If there is any dispute regarding the existence or extent of any defect referred to in 6.2Clause 9.3 above, the matter shall be referred to the architectArchitect, whose decision shall be final and binding upon the parties. 6.4 9.5 The Seller shall within a reasonable time remedy any defect in respect of roof leaks and gutter leaks in the building Building which may manifest themselves within 1 year after the date of occupation Occupation Date provided that the PURCHASER 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 Property in the condition in which the same are as at the date of occupationOccupation Date. 6.5 9.6 The Seller shall within a reasonable time remedy any material structural defects in the building Building which may manifest themselves within 5 (five) years after the date of occupation Occupation Date 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 Property in the condition in which the same are as at the completion dateOccupation Date. 6.6 Notwithstanding the provisions 9.7 It is inevitable that hairline cracks occur. These cracks are not of clauses 6.1 to 6.5 abovea structural nature and are caused by shrinkage and movement between building materials or settlement. These cracks are considered normal maintenance. The Seller shall not repair any cracking of this nature. 9.8 The Seller shall not be held responsible for any mould growth caused by lack of ventilation and / or condensation. 9.9 Approved windows and doors are used in construction, the Seller shall not be liable held responsible 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 used or cracking which might appear in control movement joints; and 6.6.4 any mould growth caused by a lack of ventilation and/or condensation; and 6.6.5 any doors and windows slamming in windy conditions or any damage caused cased thereby; and. 6.6.6 9.10 No window and door is completely weatherproof during heavy wind and storm conditions. Windows and doors are manufactured to comply with certain allowable tolerances and movement that will allow these to function in a proper manner under normal conditions. The Seller is not in control of this, and therefore shall not be held responsible for wind and rain entering through the windows and doors left openthat may enter under these conditions. 6.7 9.11 All warranties and undertakings given by the Seller to the Purchaser in terms of this agreement Agreement are personal to the Purchaser who shall not be entitled to cede, assign or make over its rights thereto. 6.8 The certificate of final completion (as defined in the standard JBCC building contract) issued by the architect shall be conclusive evidence as to the completion of the Unit and/or the exclusive use areas, and that all patent defects have been made good which certificate will be issued, only in the event of a dispute, after the completion of the Unit and the architect is satisfied that all patent defects have been made good in terms of clause 6 above. 6.9 Upon the issue of a certificate of final completion by the architect in respect of the Unit and/or the exclusive use areas, the Purchaser shall have no claim whatsoever against the Seller in respect of the Unit and/or exclusive use areas and/or any defects therein (whether patent or latent) other than in terms of this clause. 6.10 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. 6.1 7.1 The Unit 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. Save as provided for . 7.2 The seller undertakes to repair: 7.2.1 any defect in the Consumer Protection Act and this contract structure of the unit which is due to faulty materials and/or improper workmanship, of which the contraryseller 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 Purchaser purchases seller is advised in writing within a period of twenty one (21) days from the property “voetstoots” and 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 have no claim against the Seller in respect of defects whether not under any circumstances be liable to any party for any defect, latent or patent patent, in the property unit or the common property of which the schemeseller is not advised as specified within the time periods stipulated herein. 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 7.3 If there is any dispute regarding the existence or extent of any defect referred to in 6.2clause 7.2, the matter shall be referred to the architect, whose decision shall be final and binding upon the parties. 6.4 7.4 The Seller purchaser shall within a reasonable time remedy not be entitled to claim cancellation of this agreement or any defect in respect of roof leaks and gutter leaks reduction in the building which may manifest themselves within 1 year after purchase price by reason of any minor variations between the date plans and the sectional plan as finally registered or any alteration size, location or participation quota of occupation provided that any section as reflected on the PURCHASER notifies plans. 7.5 Although the Seller in writing seller shall be liable within the said period of 1 year of referred in clause 7.2.3 to make good 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 cracks or 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 waterproofing giving rise to any such defects, failing whichleak, 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 seller shall not be liable for any defects in consequential damages arising from the Unit and/or leakage, for example any repair to or replacement of carpets, household goods, electrical appliances and the exclusive use areas in respect like, all of which shall be for the account 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 used or cracking which might appear in control movement joints; and 6.6.4 any mould growth caused by a lack of ventilation and/or condensation; and 6.6.5 any doors and windows slamming in windy conditions or any damage caused thereby; and 6.6.6 wind and rain entering through the windows and doors left openpurchaser. 6.7 All warranties and undertakings given by the Seller to the Purchaser in terms of this agreement are personal to the Purchaser who shall not be entitled to cede, assign or make over its rights thereto. 6.8 The certificate of final completion (as defined in the standard JBCC building contract) issued by the architect shall be conclusive evidence as to the completion of the Unit and/or the exclusive use areas, and that all patent defects have been made good which certificate will be issued, only in the event of a dispute, after the completion of the Unit and the architect is satisfied that all patent defects have been made good in terms of clause 6 above. 6.9 Upon the issue of a certificate of final completion by the architect in respect of the Unit and/or the exclusive use areas, the Purchaser shall have no claim whatsoever against the Seller in respect of the Unit and/or exclusive use areas and/or any defects therein (whether patent or latent) other than in terms of this clause. 6.10 7.6 If, at any time the Purchaser purchaser fails to make payment of any amount which is at that time owing due and payable to the Sellerseller, the Seller 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. 6.1 The Unit 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 developerSeller, 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 Unitproperty, 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 If 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 (one) year after the date of occupation provided that the PURCHASER Purchaser notifies the Seller in writing within the said period of 1 (one) year of any such defects, failing which, the Purchaser shall be deemed to have accepted the Unit property 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 (five) years after the date of occupation provided that the Purchaser notifies the Seller in writing within the said period of 5 (five) years of any such defects, failing which, the Purchaser shall be deemed to have accepted the Unit 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 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 used or cracking which might appear in control movement joints; and 6.6.4 any mould growth caused by a lack of ventilation and/or condensation; and 6.6.5 any doors and windows slamming in windy conditions or any damage caused thereby; and 6.6.6 wind and rain entering through the windows and doors left open. 6.7 All warranties and undertakings given by the Seller to the Purchaser in terms of this agreement are personal to the Purchaser who shall not be entitled to cede, assign or make over its rights thereto. 6.8 The certificate of final completion (as defined in the standard JBCC building contract) issued by the architect shall be conclusive evidence as to the completion of the Unit unit and/or the exclusive use areas, and that all patent defects have been made good which certificate will be issued, only in the event of a dispute, after the completion of the Unit property and the architect is satisfied that all patent defects have been made good in terms of clause 6 6.2 and 6.3 above. 6.9 Upon the issue of a certificate of final completion by the architect in respect of the Unit unit and/or the exclusive use areas, the Purchaser shall have no claim whatsoever against the Seller in respect of the Unit unit and/or exclusive use areas and/or any defects therein (whether patent or latent) other than in terms of this clause. 6.10 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.