LEOGEM PROPERTY PROJECTS (PTY) LTD

TERMS & CONDITIONS

 

  1. INTRODUCTION

 

1.1       Leogem Property Projects (Pty) Ltd (Registration Number: 1992/003579/07) (‘’Leogem’’) is turnkey property development company, developing various residential and commercial real estate properties across South Africa.

 

1.2       These Terms and Conditions relate to and govern the relationship between you (“the Purchaser’’) and Leogem in respect of any minor repair work required in order to address any defects in and to the Property after risk and ownership of the Property has transferred to the Purchaser and during the prescribed Snag Period.

 

  1. DEFINITIONS

 

Unless it appears otherwise from the context, the following words and expressions shall have their corresponding meanings:

  • “Applicable Laws” means all national, provincial, local and/or municipal legislation, regulations, statutes, by-laws, ordinances, consents as may be issued and in force from time to time relating to or connected with the matters contemplated in these Terms and Conditions.
  • “Building(s)” means the buildings / improvements erected on the Property, including fixtures and fittings thereto;
  • “Property” means the property as stated on your offer to purchase and includes, unless otherwise indicated, the buildings, fixtures, fittings and other improvements on the Property;
  • “Handover Date” shall mean the date you receive your key and supporting documentation;
  • “Handover Checklist” shall mean the prescribed schedule of items to be inspected at the Property upon handover of the Property to the Purchaser, a copy of which Handover Checklist is attached hereto;
  • “Terms and Conditions” shall mean the terms and conditions set out in this document.

 

  1. ACCEPTANCE OF TERMS AND CONDITIONS

 

Unless a separate written agreement, stating otherwise is entered into between Leogem and the Purchaser, these Terms and Conditions (together with the information encapsulated in the Handover Checklist to which these Terms and Conditions are attached) govern the parties obligations towards one another in respect of attending to the repairing any defects in respect of the Property during/after handover.

 

  1. JOINT INSPECTION

 

A joint handover inspection of the Property shall be carried out by the Parties on purchaser’s booking date.

 

  1. ACKNOWLEDGEMENTS BY THE PURCHASER

 

  • The Purchaser acknowledges that:

 

  • The Property is sold subject to the conditions contained in the title deed of the Property or of the land on which the Property is situated [as the case may be] and the provisions of any applicable town planning scheme.
  • The Purchaser has inspected the Property and, save for the defects set forth in Annexure A hereto, the Property has been sold voetstoets [as is];
  • The Purchaser will have no claim for damages whatsoever against Leogem if for any reason the Property does not become suitable for the purpose for which it was purchased, or if the Property (or any part thereof, is damaged by virtue of the Purchaser’s appointment of an independent contractor not commissioned / appointed by Leogem to attend to any repairs of defects identified in Annexure A;
  • Risk and ownership has passed to the Purchaser upon the date of transfer of the Property and neither Leogem, nor its directors, shareholders, employees or affiliates, shall be liable for any loss, injury, death or damage to or loss of Property or death sustained by the Purchaser, the occupants of the Property, their employees, guests, invitees, representatives or contractors, by reason of any damages or loss suffered by the Purchaser, the occupants of the Property, their employees, guests, invitees, representatives or contractors as a result of any act or omission on the part of Leogem and/or his agent, whether negligently or otherwise, or as a result of any defect in the Property, regardless of whether such defects are recorded in Annexure A.

 

  1. GOVERNING LAW

 

These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the Purchaser consents to the jurisdiction of any High Court with jurisdiction for purposes of resolving any dispute in connection with these Terms and Conditions. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

 

  1. UPDATING OF THESE TERMS AND CONDITIONS

Leogem reserves the rights to change, modify, add, or remove from portions or the whole of these Terms and Conditions from time to time.

 

DATED at ________________ on this the ____ day of                                    2022.

 

________________________

On behalf of: Leogem Property Projects (Pty) Ltd

Name: ___________________

 

DATED at ________________ on this the ____ day of                                    2022.

 

________________________

On behalf of: The Purchaser

Name: ___________________

 

 

ANNEXURE A

 

 

HANDOVER CHECK LIST

 

Unit Nr___________________                           Date ______________________

ITEM YES NO      COMMENT
1 Finishing package correct

 
2 Appliances installed

 
3 Gas bottle connected

 
4 Lights working

 
5 Keys in doors & locks working

 
6 Windows with mechanism working

 
7 Sliding doors mechanism working

 
8 Toilets flushing

 
9 Hot & cold water working

 
10 Basin, bath and sink plugs in place

 
11 Doors opening & closing

 
12 Cupboards doors & draws operating smoothly

 
13 Tiling – No cracks or Chips

 
 

 

 

 

            /           /                      

Date

                                               

On behalf of: PURCHASER

 

 

                                               

On behalf of: LEOGEM