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:

2.1.         “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;

2.2.         “Building(s)” means the buildings / improvements erected on the Property, including fixtures and fittings thereto;

2.3.         “Property” means the property situated at a Leogem development in South Africa, and includes, unless otherwise indicated, the Buildings, fixtures, fittings and other improvements on the Property;

2.4.         “Snag Period” shall mean 90 days as prescribed in the NHBRC regulations;

2.5.         “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 Inspection Sheet 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 the Snag Period.

  1. INSPECTION AND DEFECTS

Leogem shall affect repairs in respect of items for which Leogem is responsible under any other agreement, or Applicable Laws and as identified during inspections within a reasonable period, or such further periods as may be agreed to between the Parties. Should the Purchaser fail to attend any scheduled attendance to the Property by Leogem and/or its appointed contractors, or notify Leogem during such inspection, or the prescribed Snag Period, whichever occurs later, of any defect and cause same to be recorded in the aforesaid checklist, the Purchaser shall be deemed to have acknowledged that no such defect exists and have no further recourse against Leogem.

  1. EXCLUSION OF LIABILITY AND INDEMNITY

Leogem shall not be liable to the Purchaser or any third party for the death of or injury to or illness sustained by any person (hereinafter referred to as “injury”) or loss of, or damage to property (hereinafter referred to as “damage”) whether direct or consequential and howsoever arising, in or about the Property, and the Purchaser will indemnify and hold harmless Leogem, its directors, shareholders, agents, assignees and/or representatives in respect of all claims arising out of any such injury or damage in relation to any event occurring or not occurring on the Property during the prescribed Snag Period.

 

  1. APPOINTMENTS WITH CONTRACTORS

 

Should Leogem be required to appoint any contractor(s) and schedule any attendances to the Property for purposes of any contractor(s) attending to any repair work during the Snag Period, and the Purchaser fails to attend the appointment and/or fails to afford the appointed contractor access to the Property on the agreed upon date, the Purchaser expressly agrees that it shall be liable for any costs incurred as a result of their aforementioned failure.

 

  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.