CONTRACT OF SALE

APARTMENT NO:

RN 10-07

SAMPLE

Annexure “O”

CONTRACT OF SALE : SECTIONAL TITLE : OCEANS UMHLANGA : “OFF PLAN UNIT” : OCEANS RESIDENCE

entered into by:

OCEANS UMHLANGA (PTY) LTD Registration No. 2011/011731/07

herein represented by: PITHABRAM NAICKER he being duly authorised hereto by a resolution of directors (the "SELLER")

Physical Address: 1 Sinembe Park, Douglas Saunders Drive, La Lucia Ridge Postal Address: P.O. Box 4115, The Square, Umhlanga Rocks, 432

and

Barry Buyer (the "PURCHASER")

Postal Address Physical Address

1 Lagoon Drive 1 Lagoon Drive

Umhlanga Umhlanga

KwaZulu Natal KwaZulu Natal

4320 4320

South Africa. South Africa

Tel. No (Home) Other Phone No.

Tel. No (Business) 2731000000 Email Address barry@buyer.com

Cell Phone No. 2781000000 Secondary Email

Identity No./ Passport No. /Registration No. 123000000000

Marital Status (if the PURCHASER is an individual) Not Married

the PURCHASER confirming that it was introduced to the SELLER and the PROPERTY byThe Green Dream

T/A DevMark Global (the “Introductory Agent”).

Page 1

SAMPLE

1 SCHEDULE

1.1 Apartment No. RN10-07

1.2 SECTION No. 1037

1.3 Approximate extent of the SECTION 134.00 m2

1.4 EXCLUSIVE USE AREAS: 1.4.1 Number of parking bay(s) 1 1.4.2 Balcony No.

Approximate Extent B1037 39.60 m2

1.4.3 Lock up garage No. Approximate Extent

N/A .00 m2

1.4.4 Garden Area No. Approximate extent (See clause 5.4 of the CONDITIONS OF SALE)

N/A .00 m2

1.5 Total Purchase Price (including Value Added Tax) (i.e. the aggregate of the amounts referred to in 1.6, 1.7 and 1.8 below)

R 5,930,000.00

1.6 DEPOSITS: 1.6.1 Deposit due on the date of signature hereof by the PURCHASER R 100,000.00 1.6.2 Deposit due by no later than 2016/04/11 R 789,500.00

1.7 Option Consideration paid by the PURCHASER in terms of the OPTION AGREEMENT

R 34,200.00

1.8 Balance (to be paid in accordance with the provisions of 3.3 and 3.4 of the CONTRACT OF SALE)

R 5,006,300.00

1.9 The amount payable by the PURCHASER towards the Levy Stabilisation Fund established by the BODY CORPORATE (see paragraph 3.6 of the CONTRACT OF SALE)

R 45,600.00

1.10 The amount estimated as being the monthly levy payable by the PURCHASER to the BODY CORPORATE

R 3,889.65

1.11 DATE OF POSSESSION (subject to 4 of the CONDITIONS OF SALE)

1 February 2019

1.12 Adjustment purchase price per square metre of the SECTION (see paragraph 4 of the CONTRACT OF SALE)

R 34,158.99

1.13 AMOUNT PAYABLE TO ESTATE AGENT: 1.13.1 Marketing fee payable in accordance with the SELLER’S agency

agreement with the ESTATE AGENT R 59,300.00 (inclusive Value Added Tax)

1.13.2 Sales commission payable on the DATE OF TRANSFER R 148,250.00 (inclusive Value Added Tax)

1.14 Occupational Rental R 59,300.00 per month

1.15 ARCHITECT LYT Architecture

1.16 Date by which Sectional Title Register of the SCHEME is to be opened (see 7.1 and 7.2 of the CONDITIONS OF SALE)

90 days from the DATE OF POSSESSION

1.17 MANAGING AGENT Trafalgar Property Managers

Page 2

SAMPLE

3

2. SALE

2.1 Subject to and in accordance with the provisions hereof and the CONDITIONS OF SALE annexed hereto as

Annexure "A", the SELLER sells and the PURCHASER purchases the PROPERTY for the purchase price referred to

in 1.5 above.

2.2 The SECTION shall be erected substantially in accordance with the PLAN. The PURCHASER agrees that he shall not

be entitled to amend or procure any amendments to the PLAN. The PURCHASER acknowledges that the SECTION

will be situated on the PARENT PROPERTY in substantially the position as indicated on the SITE PLAN and is to be

built in accordance with the PLAN (see clause 3.1 of the CONDITIONS OF SALE).

*2.3 The PURCHASER agrees that the precise area, boundaries and description of the PROPERTY shall be as shown on

the sectional plan and as finally determined and approved by the Surveyor-General and shall be binding upon the

parties, provided always that the area of the SECTION shall be within 7% (SEVEN PERCENT) of the area referred

to in 1.3 of the CONTRACT OF SALE.

2.4 The PURCHASER agrees that the precise area, boundaries and description of the EXCLUSIVE USE AREAS shall be

as shown on the sectional plan and as finally determined and approved by the Surveyor-General and shall be

binding upon the parties, provided always that the area of the EXCLUSIVE USE AREAS shall be within 10% of the

areas stated in 1.4.2, 1.4.3 and 1.4.4 above.

*Delete if not applicable (i.e. this clause 2.3 to be deleted in the event of the unit being on the 21st

floor or higher)

3. PAYMENT OF THE PURCHASE PRICE

3.1 The amounts referred to in 1.6 of the CONTRACT OF SALE shall be paid to the CONVEYANCERS. Such payments

shall be invested by the CONVEYANCERS in an interest bearing account with ABSA Bank, all interest to accrue for

the benefit of the PURCHASER until the DATE OF TRANSFER whereupon the CONVEYANCERS shall release the

capital to the SELLER and all accrued interest, less their usual fee, to the PURCHASER (the PURCHASER

acknowledges that the CONVEYANCERS are not able to invest the amounts referred to in 1.6, nor any other

amount paid into trust with the CONVEYANCERS, on the PURCHASER’s behalf, until such time as the PURCHASER

has complied with all the requirements of the Financial Intelligence Centre Act No. 28 of 2001 and has signed the

necessary investment mandate, both of which the PURCHASER undertakes to do as soon as reasonably possible in

the circumstances).

3.2 It is recorded that the amount referred to in 1.7 of the CONTRACT OF SALE has been paid by the PURCHASER to

the SELLER, which amount shall be set-off against the purchase price of the PROPERTY on the DATE OF

TRANSFER.

3.3 Subject to 3.4 below, the PURCHASER shall secure the due payment of the amount referred to in 1.8 of the

CONTRACT OF SALE by furnishing the CONVEYANCERS with a guarantee from a registered South African

commercial bank, in a form and on terms acceptable to the CONVEYANCERS for such amount. Such guarantee

SAMPLE

4

shall be furnished by the PURCHASER within 14 (FOURTEEN) days of request therefore by the CONVEYANCERS.

The aforesaid guarantee shall be payable on the DATE OF TRANSFER. (Should the total purchase price referred to

in 1.5 of the CONTRACT OF SALE be adjusted, as contemplated in 4 of the CONTRACT OF SALE, then in that

event, the amount referred to in 1.8 of the CONTRACT OF SALE shall be adjusted accordingly by the same

amount).

3.4 Alternatively, the PURCHASER shall be entitled to pay the amount referred to in 1.8 of the CONTRACT OF SALE to

the CONVEYANCERS in cash, within the aforesaid 14 (FOURTEEN) day period, which amount shall be invested by

the CONVEYANCERS in an interest bearing account with ABSA Bank, with all interest to accrue for the benefit of

the PURCHASER. This amount shall be paid to the SELLER by the CONVEYANCERS on the DATE OF TRANSFER

and in the event of the PURCHASER choosing this alternative, the PURCHASER shall be deemed to have

irrevocably instructed the CONVEYANCERS to deal with the amount in this manner (i.e. to pay the aforesaid

amount to the SELLER on the DATE OF TRANSFER). The interest on the aforesaid amount shall be released to

the PURCHASER on the DATE OF TRANSFER, (after deduction of the CONVEYANCER’S usual fee).

3.5 It is recorded that the Total Purchase Price, referred to in paragraph 1.5 of the CONTRACT OF SALE, is inclusive of

Value Added Tax at the current rate of 14%. The parties agree that, should there be any change in the rate of

Value Added Tax applicable at the time of supply, as determined in accordance with the Value Added Tax Act 89

of 1991, the Total Purchase Price shall be amended to take into account the adjustment in the Value Added Tax

rate.

3.6 The PURCHASER shall pay the amount referred to in 1.9 above to the CONVEYANCERS, within 7 (SEVEN) days of

request for such payment by the CONVEYANCERS. Such payment shall be invested by the CONVEYANCERS in an

interest bearing account with ABSA Bank, all interest to accrue for the benefit of the PURCHASER until the DATE

OF TRANSFER, whereupon the CONVEYANCERS shall release the capital to the BODY CORPORATE and all accrued

interest, less their usual fee, to the PURCHASER.

3.7 Unless otherwise provided, all payments hereunder shall be made without deduction or demand to the SELLER at

the offices of the CONVEYANCERS. All bank charges incurred by the CONVEYANCERS in connection with this

transaction shall be for the account of the PURCHASER.

*4 ADJUSTMENT TO THE PURCHASE PRICE

4.1 The PURCHASER agrees that the precise area, boundaries and description of the PROPERTY, shall be as shown on

the sectional plan and as finally determined and approved of by the Surveyor-General and shall be binding on the

parties, save as provided for below in this paragraph 4.

4.2 Should the extent of the SECTION, as finally surveyed by the SELLER’S professional land surveyor, differ from the

approximate extent of the SECTION, as referred to in 1.3 above, by 7% or less, then in that event, both parties

agree to accept such extent without in any way effecting the provisions of this CONTRACT and, in particular, there

shall be no adjustment to the purchase price of the SECTION.

4.3 Should the extent of the SECTION, as finally surveyed by the SELLER’S professional land surveyors, differ from the

approximate extent of the SECTION, as referred to in 1.3 above, by more than 7% however, by no more than

SAMPLE

5

10%, then in that event, the purchase price referred to in 1.5 of the CONTRACT shall be adjusted as follows,

namely:

4.3.1 in the event of the SECTION, as finally surveyed, being greater than the approximate extent stated in clause 1.3

of the CONTRACT OF SALE, then in that event, the purchase price shall be increased by an amount equal to the

increase in size of the SECTION in square metres multiplied by the price per square metre stated in clause 1.12 of

the CONTRACT OF SALE.

4.3.2 in the event of the SECTION, as finally surveyed, being less than the approximate extent of the SECTION as

stated in 1.3 of the CONTRACT OF SALE, then the purchase price shall be decreased by the amount equal to the

decrease in the size of the SECTION in square metres multiplied by the purchase price per square metre stated in

clause 1.12 of the CONTRACT OF SALE.

4.4 Either the PURCHASER and the SELLER shall be entitled to resile from the CONTRACT by giving written notice to

the other party to that effect, if the extent of the SECTION, on final survey, differs by more than 10% (either

greater or smaller), from the extent stated in 1.3 of the CONTRACT, provided that such written notice is given

within 7 (SEVEN) days of written notification from the CONVEYANCERS to the PURCHASER and the SELLER of the

actual surveyed extent of the SECTION. In the event of either the PURCHASER or the SELLER resiling from this

CONTRACT as provided for in this clause, then in that event, this CONTRACT shall be deemed to be null and void

ab initio and no further effect between the parties and neither party shall have any claim against the other (and in

particular, the PURCHASER shall have no claim against the SELLER in respect of improvements it may have made

to the PROPERTY while in occupation thereof), save that the SELLER shall refund to the PURCHASER all amounts

paid in respect of the purchase price on the same terms and conditions as set out in paragraph 8.2 of the

CONTRACT OF SALE and the PURCHASER shall immediately vacate the PROPERTY if in occupation thereof.

Should neither the SELLER or the PURCHASER resile from the CONTRACT, notwithstanding that the extent of the

SECTION, on final survey, differs by more than 10% (either greater or smaller), from the extents stated in 1.3 of

the CONTRACT, then in that event, the purchase price shall be adjusted mutatis mutandis as provided for in

paragraph 4.3.1 or 4.3.2 above (as the case may be).

*Delete if not applicable (i.e. this clause 4 to be deleted in the event of the unit being on the 20th

floor or lower).

5. PHASED DEVELOPMENT

This sale is subject to the following special conditions, which are imposed by the SELLER in terms of Section 11(2)

of the ACT:

5.1 The SELLER, in terms of Section 25 of the ACT, has reserved for itself the real right to extend, for its personal

account, the SCHEME by the erection and completion from time to time but within a period of 20 (TWENTY) years

from the date of the opening of the SCHEME’s Sectional Title Register:

5.1.1 a further building or buildings,

5.1.2 a horizontal extension of an existing building or buildings, and

SAMPLE

6

5.1.3 a vertical extension of existing buildings,

on part of the common property, to divide such building or buildings into a section or sections and common

property and to confer the right of exclusive use over parts of such common property upon the owner or owners

of one or more of such sections or any other section in the SCHEME.

5.2 The SELLER further reserves the right to “divide” the aforesaid real right to extend the SCHEME by alienating the

right to erect the various SECTIONS to different third parties.

*6 CONSUMER PROTECTION ACT

6.1 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).

6.2 It is recorded that the aforesaid warranty is material to the SELLER in entering into this CONTRACT.

6.3 The PURCHASER undertakes, within 21 (TWENTY ONE) 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 in paragraph 6.1 above.

* Delete if not applicable

7. MEMBERSHIP OF THE OCEANS RESIDENCE MANAGEMENT ASSOCIATION (RF) NPC

By virtue of the purchase of the PROPERTY, the PURCHASER shall be obliged to become, and remain for the

duration of his ownership of the PROPERTY, a member of the ASSOCIATION within the meaning of, and subject

to, the conditions set out in the ASSOCIATION’S Memorandum of Incorporation (the aims and objectives of the

ASSOCIATION being set out in Annexure “F” hereto) and undertakes that he and all persons deriving use of

OCEANS RESIDENCE or any part thereof through him, from the DATE OF POSSESSION, shall duly comply with all

the obligations imposed upon members under the ASSOCIATION’S Memorandum of Incorporation including the

obligation to pay a monthly levy to the ASSOCIATION, the amount of which shall be determined from time to

time, by the ASSOCIATION’S directors as contemplated in the Memorandum of Incorporation. In no way

detracting from the generality of the aforesaid, the PURCHASER shall be required to sign the ASSOCIATION’S

membership application form (a copy of which is Annexure “H” to the CONDITIONS OF SALE), and do whatever

else may be required, in order for the PURCHASER to become a member of the ASSOCIATION (which, it is

recorded, will include, inter alia, the PURCHASER irrevocably nominating, constituting and appointing the

ASSOCIATION, as its representative, to call, attend and vote at meetings of the BODY CORPORATE, on the

PURCHASER’S behalf, and to the PURCHASER’S exclusion, subject to the rights of the SELLER). If there is any

conflict between what is set out above and the final provisions of the ASSOCIATION’S Memorandum of

Incorporation once registered, the latter shall prevail and the SELLER shall not incur any liability, of any nature

whatsoever, in this regard.

SAMPLE

7

8. CONDITIONS PRECEDENT

8.1 This CONTRACT shall be subject to, and conditional upon :

8.1.1 the SELLER being granted the necessary finance to develop the SCHEME as envisaged herein

8.1.2 the building plans in respect of the SCHEME being approved of by the eThekwini Municipality and

8.1.3 the SELLER acquiring Portion 2 of Erf 379 Umhlanga Rocks (the Post Office site) and successfully, having same

rezoned to “Special Zone 6” in terms of the applicable Town Planning Scheme

all by no later than 30 August 2016.

8.2 Should any of the aforesaid conditions not be met timeously, then in that event, this CONTRACT shall lapse and be

of no further force and effect between the parties, save that the CONVEYANCERS shall refund to the PURCHASER

any amount paid by the PURCHASER to the CONVEYANCERS in respect of the purchase price together with all

interest that may have accrued thereon while invested with the CONVEYANCERS (less the CONVEYANCERS usual

fee) and the SELLER shall refund to the PURCHASER the amount referred to in 1.7 of the CONTRACT OF SALE (it

being specifically recorded that the PURCHASER shall have no claim for the payment of interest on the amount

referred to in 1.7 of the CONTRACT OF SALE in these circumstances).

8.3 Notwithstanding the aforesaid, it is recorded that the aforesaid conditions have been inserted solely for the benefit

of the SELLER, who may waive compliance with one or more of the aforesaid conditions by sending the

PURCHASER a written notice to this effect signed by the SELLER, prior to the CONTRACT lapsing as a

consequence of its non-fulfilment.

DATED at Durban this 3rd day of April 2016

AS WITNESS:

1. . . . . . . . . . . . . . . . . . . .

____________________________________________________

PURCHASER SIGNATURE:

I acknowledge that I am acquainted with and understand the contents of this

CONTRACT and that all the annexures referred to in this CONTRACT were

attached hereto when I signed same.

*On behalf of

____________________________________________________

(insert name of PURCHASER here)

duly authorized hereto by virtue of a Resolution of Directors/Members/Trustees

____________________________________________________

SAMPLE

8

CONSENTING SPOUSE

* Delete if not applicable

This portion to be signed by legal guardian / member / director/ trustee in the event of the PURCHASER being a minor / close

corporation / company / trust.

.................................................................................................................................................................................................

(Full names of the Guarantor)

of ...............................................................................................................................................................................................

.................................................................................................................................................................................................

(Full address and telephone number)

hereby consents to the conclusion of this CONTRACT and guarantees and binds himself/herself as surety for and co-principal

debtor in solidum with the PURCHASER to the SELLER for the due and punctual fulfilment and discharge of all the obligations

undertaken by the PURCHASER to the SELLER pursuant to this CONTRACT, under renunciation of the benefits of excussion and

division with the meaning and effect of which benefits and the renunciation thereof he acknowledges himself to be acquainted.

No variation or amendment or novation of this CONTRACT shall prejudice the suretyship obligations hereby undertaken by the

aforesaid guarantor, the object being that he shall remain liable at all times as surety and co-principal debtor, even if this

CONTRACT is varied or amended or novated and even if the aforesaid PURCHASER is granted an indulgence by the SELLER.

DATED at Durban on this 3RD day of April 2016

AS WITNESS:

1. . . . . . . . . . . . . . . . . . . .

____________________________________________________

Guarantor Signature

DATED at Durban on this 3rd day of April 2016

AS WITNESS:

1. . . . . . . . . . . . . . . . . . . .

____________________________________________________

SELLER SIGNATURE

SAMPLE

9

ANNEXURE "A"

CONDITIONS OF SALE

1 DEFINITIONS AND INTERPRETATION

For the purposes of the CONTRACT OF SALE and the CONDITIONS OF SALE, unless the context indicates to the

contrary -

1.1 "ACT" means the Sectional Titles Act No. 95 of 1986 (as amended) and any regulations in force thereunder;

1.2 “ARCHITECT” means the architect nominated by the SELLER in terms of paragraph 1.15 of the CONTRACT;

1.3 “ASSOCIATION” means the Oceans Residence Management Association (RF) NPC, a non-profit company to be

incorporated by the SELLER in terms of the Companies Act No. 71 of 2008;

1.4 “BODY CORPORATE” means the Body Corporate of the SCHEME once formed as contemplated in the ACT;

1.5 "CONDITIONS OF SALE" means these conditions of sale;

1.6 “CONTRACT" means the CONTRACT OF SALE and all Annexures thereto;

1.7 "CONTRACT OF SALE" means the contract of sale to which these conditions of sale are Annexure "A";

1.8 "CONVEYANCERS" means Garlicke & Bousfield Incorporated, 7 Torsvale Crescent, La Lucia Ridge, 4051;

1.9 “CPA” means the Consumer Protection Act No. 68 of 2008;

1.10 "DATE OF POSSESSION" means the date specified in 1.11 of the CONTRACT OF SALE subject to the provisions of

paragraph 4 of the CONDITIONS OF SALE;

1.11 “DATE OF SIGNATURE” means the date of signature hereof by the last signing of the SELLER or the PURCHASER;

1.12 “DATE OF TRANSFER" means the date of registration of transfer of the PROPERTY into the name of the

PURCHASER in the Deeds Registry in Pietermaritzburg;

1.13 “ESTATE AGENT” means “The Green Dream CC” trading as Devmark Global, Registration Number

1994/018283/23, Fidelity Fund Certificate Reference Number : F110062;

1.14 “EXCLUSIVE USE AREA” means those portions of the Common Property referred to :

1.14.1 in paragraph 1.4.2 of the CONTRACT OF SALE (the balcony), as shown on the plan, which is Annexure “D” hereto,

SAMPLE

10

1.14.2 in paragraph 1.4.3 of the CONTRACT OF SALE (the lock up garage(s)), as shown on the plan attached hereto

marked Annexure “B” and

1.14.3 in paragraph 1.4.1 of the CONTRACT OF SALE (parking bays), which areas shall be allocated by the SELLER prior

to the DATE OF TRANSFER (see paragraph 5.4 of the CONDITIONS OF SALE) and

1.14.4 in paragraph 1.4.4 of the CONTRACT OF SALE (garden areas), as shown on the plan, which is Annexure “D”

hereto

which the PURCHASER purchases in terms hereof, and which shall be ceded to the PURCHASER on the DATE OF

TRANSFER;

1.15 “JURISTIC PERSON” means a partnership, association, trust, body corporate, company, close corporation or other

legal or juristic person;

1.16 “OCEANS RESIDENCE *SOUTH/NORTH” means the name given to the particular tower block in the SCHEME, of

which the SECTION forms part, the legal and official name of the entire SCHEME being “Oceans Umhlanga”;

*Delete that which is not applicable

1.17 “OCEANS RESIDENCE” means Oceans Residence South and Oceans Residence North, which form part of the

SCHEME;

1.18 “OPTION AGREEMENT” means the Option Agreement entered into between the SELLER and the PURCHASER, in

terms of which the SELLER granted the PURCHASER an option to purchase the PROPERTY and to which this

document is Annexure “O”;

1.19 “PARENT PROPERTY” means proposed Portion 15 of Erf 379 Umhlanga Rocks, Registration Division FU, Province of

KwaZulu-Natal, in extent approximately 4,9066 (FOUR comma NINE ZERO SIX SIX) hectares;

1.20 “PLAN” means the plan of the SECTION being Annexure “D” to the CONDITIONS OF SALE and the Schedule of

specifications and finishes in respect of the SECTION attached hereto marked Annexure “C”;

1.21 “PROPERTY" means the unit to be established in terms of the ACT, consisting of:

1.21.1 the SECTION and

1.21.2 an undivided share in the common property of the SCHEME apportioned to the SECTION in accordance with the

draft participation quota specified in Annexure “E” hereto (it being recorded that the participation quota allocated

to the PROPERTY, in terms of Annexure “E” hereto, is an estimate and is subject to change once all the units in

the SCHEME have been surveyed);

1.21.3 the EXCLUSIVE USE AREA.

1.22 “PURCHASER" means the purchaser in terms of this CONTRACT designated as such in the introductory section of

the CONTRACT OF SALE;

SAMPLE

11

1.23 “RULES" means the rules of the SCHEME a copy of which is Annexure “J” hereto;

1.24 "SCHEME" means the sectional title scheme known as “OCEANS UMHLANGA” comprising the PARENT

PROPERTY and all buildings constructed and to be constructed thereon;

1.25 “SECTION” means the proposed section in the SCHEME, referred to in paragraph 1.2 of the CONTRACT OF SALE,

which section is shown on the PLAN;

1.26 “SELLER” means OCEANS UMHLANGA Registration No. 2011/011731/07 its successors in title or assigns;

1.27 “SITE PLAN” means the plan which is Annexure “B” hereto;

1.28 words importing a gender shall include all genders and the singular shall include the plural and vice versa;

1.29 words or expressions defined in the ACT shall have the same meanings in this CONTRACT;

1.30 clause headings are inserted purely for convenience and shall not be relevant in interpreting the contents of the

clauses to which they relate;

1.31 if the PURCHASER consists of more than one person, such persons shall be jointly and severally liable in solidum

for all their obligations in terms of this CONTRACT;

1.32 no indulgence or relaxation which the SELLER may allow to the PURCHASER in regard to the carrying out of the

PURCHASER'S obligations in terms of or pursuant to this CONTRACT shall prejudice the SELLER'S rights under this

CONTRACT in any manner whatsoever, or be regarded as a waiver of the SELLER'S rights in terms of this

CONTRACT, or be construed to act as an estoppel against the SELLER to otherwise strictly enforce compliance of

the PURCHASER'S obligations in terms of this CONTRACT;

1.33 any reference to a natural person shall include the legal person and/or an association of persons and vice versa;

1.34 where an expression has been defined, and such definition contains a provision conferring rights or imposing

obligations on any party, effect shall be given to the provision as if it was a substantive provision contained in the

body of this CONTRACT;

1.35 if a number is reflected in numerals and words, the words shall prevail in the event of any conflict between the

two;

1.36 in interpreting this CONTRACT, no provision shall be construed in a limiting fashion or in accordance with the

Eiusdem Generis Rule (i.e. a specific provision of this CONTRACT or any particular issue, shall not be deemed in

any way to detract from any general provision in respect to the same issue).

1.37 the provisions of this CONTRACT, shall be read in conjunction with the provisions of the CPA, and insofar as the

provisions of this CONTRACT are inconsistent with the provisions of the CPA, the provisions of the CPA shall

prevail.

SAMPLE

12

1.38 any reference to any statute, legislation or regulations shall be deemed to include any lawful amendments thereto

or re-enactments thereof.

1.39 where a number of days are prescribed, they shall consist of all days (i.e. including Saturday, Sunday and Public

Holidays) and shall exclude the first day and include the last day.

1.40 this CONTRACT shall be governed by and construed according to the Laws of the Republic of South Africa.

1.41 the expiration or termination of this CONTRACT shall not affect those provisions of this CONTRACT which

expressly provide that they will operate after any such expiration or termination or, which out of necessity must

continue to have effect after such expiration, notwithstanding the fact that the paragraphs do not expressly

provide this.

1.42 to the extent that the CONTRACT is signed on a date which results in the use of any tense being inappropriate,

the CONTRACT shall be read in the appropriate tense;

1.43 this CONTRACT shall be binding on the enforceable by the administrators, trustees, successors in title, successors

in office, assigns or liquidators of the parties as fully and effectually as if they had signed this CONTRACT in the

first instance and reference to any party shall be deemed to include such party’s administrators, trustees,

successors in title, successors in office, assigns or liquidators, as the case may be;

1.44 this CONTRACT incorporates the annexures (if any), which annexures shall have the same force and effect as the

provisions set out in the body of this CONTRACT. The various documents forming part of this CONTRACT are to

be taken as mutually explanatory. In the event of any conflict or inconsistency the provisions contained in the

main body of the CONTRACT will prevail.

2 LOAN

It is specifically recorded that this CONTRACT is not subject to, or conditional upon, the PURCHASER obtaining a

loan. However, should the PURCHASER obtain a loan to fund the payment of the purchase price of the PROPERTY

or a portion thereof, against the security of, inter alia, the registration of a first mortgage bond against the title

deeds to the PROPERTY on the DATE OF TRANSFER, then in that event:

2.1 in order to expedite the transfer of the PROPERTY to the PURCHASER, it is the intention of the SELLER and the

PURCHASER that the CONVEYANCERS be appointed by the lender, granting the loan referred to above, to attend

to the registration of the mortgage bond over the PROPERTY in favour of the aforesaid lender, on the DATE OF

TRANSFER. The PURCHASER undertakes to utilize its best endeavours to prevail upon the aforesaid lender to

appoint the CONVEYANCERS in this regard and

2.2 it is specifically recorded that it is not a condition of this CONTRACT that the PURCHASER shall be required to sign

a letter of satisfaction in respect of the SECTION, once same is completed, before transfer of the PROPERTY into

the PURCHASER’S name. Should the transfer of the PROPERTY be delayed due to the PURCHASER’S refusal to

sign a letter of satisfaction (or such similar document) which the lender referred to above, may require to be

signed prior to the DATE OF TRANSFER, then in that event, the PURCHASER shall be deemed to be delaying the

DATE OF TRANSFER which will entitle the SELLER to claim mora interest from the PURCHASER as contemplated in

paragraph 18 of the CONDITIONS OF SALE and, in addition, the PURCHASER shall be deemed to be in breach of

SAMPLE

13

the conditions of this CONTRACT entitling the SELLER to, inter alia, cancel the CONTRACT should the PURCHASER

not rectify such breach within 7 (SEVEN) days of receipt of the notice contemplated in paragraph 10.1 of the

CONDITIONS OF SALE.

3. COMPLETION OF THE SECTION

3.1 The SELLER hereby undertakes to procure that the SECTION is erected substantially in accordance with the PLAN

and is sufficiently complete for beneficial occupation, by the DATE OF POSSESSION, provided the PURCHASER has

paid or duly secured the Total Purchase Price referred to in 1.5 of the CONTRACT OF SALE (as contemplated in

paragraph 3 of the CONTRACT OF SALE).

3.2 The PURCHASER shall not give any instructions of any nature to the ARCHITECT, contractor or sub-contractor(s).

Should the SELLER agree to any deviation from the PLAN, such deviation shall be reduced to writing and any

amounts payable in terms of such deviation shall be payable by the PURCHASER to the SELLER on demand.

3.3 The PURCHASER shall, within 14 (FOURTEEN) days of the DATE OF POSSESSION, deliver to the SELLER a list,

signed by himself, enumerating any defects in the SECTION where same are due to defective materials or

workmanship, and the SELLER shall procure that such defects are made good as expeditiously as possible in the

circumstances. Once such defects have been made good to the satisfaction of the ARCHITECT (acting as an

expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER shall

have no further claim against the SELLER, save as otherwise provided for herein. Should the PURCHASER fail to

deliver the aforesaid list to the SELLER within the aforesaid 14 (FOURTEEN) day period, then in that event, the

PURCHASER shall be deemed to have inspected the SECTION and not found any defects therein.

3.4 Save as provided in this CONTRACT and in the CPA to the contrary, the PURCHASER purchases the PROPERTY

voetstoots and shall have no claim against the SELLER in respect of any defects whether latent or patent in the

PROPERTY or the common property of the SCHEME.

3.5 If there is any dispute between the PURCHASER and the SELLER as to whether the SECTION has been

constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as

reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any

defects in the SECTION due to defective materials or workmanship, then such dispute shall be referred to the

ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the

parties.

3.6 The PURCHASER acknowledges that after the completion of the SECTION, the SELLER and/or its agents,

contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the

PARENT PROPERTY and the PURCHASER agrees that the SELLER and/or its agents, contractors and workmen shall

at all times have reasonable access to the PARENT PROPERTY for the purposes of carrying out such work as may

be necessary to enable the SELLER to procure the erection and layout of the aforementioned dwellings, driveways

and other structures. The PURCHASER shall have no claim whatever against the SELLER by reason of any

inconvenience or interference with the PURCHASER'S rights arising hereout and the PURCHASER shall not, in any

way whatsoever, interfere with the performance of the aforesaid work.

SAMPLE

14

3.7 The SELLER warrants that:

3.7.1 the SECTION shall be constructed in a proper and workmanlike manner;

3.7.2 the SECTION will be fit for habitation on the DATE OF POSSESSION;

3.7.3 the SECTION shall be constructed in accordance with:

3.7.3.1 the requirements of the local authority and the National Building Regulations and

3.7.3.2 the terms, plans and specifications referred to in this CONTRACT.

3.7.4 the SCHEME shall be constructed by one or more Construction Industry Development Board approved Grade 9

contractors appointed by the SELLER.

3.8 The SELLER undertakes to:

3.8.1 rectify any major structural defects in the SECTION caused by non-compliance with 3.7 of the CONDITIONS OF

SALE above which occur within a period of five (5) years from the DATE OF POSSESSION and of which the SELLER

is notified of by the PURCHASER within that period;

3.8.2 rectify non-compliance with or deviation from the terms, plans and specifications referred to in this CONTRACT or

any deficiency related to design, workmanship or material, of which the SELLER is notified by the PURCHASER of

within a period of three (3) months from the DATE OF POSSESSION;

3.8.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by

the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSION.

3.9 In no way detracting from the generality of any other provision in this CONTRACT, it is recorded that the SELLER

may, at the SELLER’s discretion, elect not to install any item on the schedule of finishes (which forms part of the

PLAN), provided that the SELLER installs a similar item of similar quality in its place. In the event of there being

any dispute as to whether the item installed by the SELLER is of a similar quality, the certificate by the ARCHITECT

(acting as an expert and an arbitrator) certifying that such item is of a similar quality, shall be final and binding on

the parties.

3.10 Again, in no way detracting from the SELLER’S rights in terms of this CONTRACT or at law, is specifically recorded

that the PURCHASER shall not be entitled to delay or refuse to comply with his obligations in terms of this

CONTRACT (including, but in no way limited to the payment of the deposit and the furnishing of the guarantee

referred to in paragraph 3 of the CONTRACT OF SALE), if it disputes that the PROPERTY is sufficiently complete for

beneficial occupation or should it believe that the SELLER has not complied with his obligations in terms of

paragraph 3.3 of the CONDITIONS OF SALE.

3.11 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER be

liable to make good any damage to any unit or the common property of the SCHEME caused by the PURCHASER

or the PURCHASER’S employees, contractors, agents, representatives or any other person who comes upon the

SCHEME by virtue of the PURCHASER’S rights thereto. Further, the PURCHASER shall be liable for the costs of

SAMPLE

15

repairing any damage caused to the common property or any unit in the SCHEME by the PURCHASER, its

contractors, agents, representatives, employees or other persons who come upon the SCHEME by virtue of the

PURCHASER’S rights thereto.

3.12 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any

other provision of this CONTRACT, it is specifically recorded that the SELLER shall not be liable for the rectification

of any defects or faults in the SECTION caused by surface water, storm water or rain water, normal settlement or

cracking resulting from normal settlement, normal shrinkage, thermo cracking, geological disturbances, or normal

wear and tear from use or neglect by the PURCHASER.

3.13 It is recorded that the Schedule of Finishes of the SECTION, which forms part of the PLAN, makes provision for the

PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The

PURCHASER shall be obliged to make its selection in this regard within 5 (FIVE) days of the SELLER giving the

PURCHASER notice that the aforesaid finishes are available for inspection, failing which the SELLER shall be

entitled to make this selection on the PURCHASER’s behalf.

4 OCCUPATION DATE

4.1 The SELLER hereby undertakes to use its best endeavours to give to the PURCHASER beneficial occupation of the

SECTION by the date stipulated in 1.11 of the CONTRACT OF SALE, provided the PURCHASER has secured the

Total Purchase Price referred to in 1.5 of the CONTRACT OF SALE (as contemplated in paragraph 3 of the

CONTRACT OF SALE).

4.2 If, however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete

for beneficial occupation by the date specified in 1.11 of the CONTRACT OF SALE, then -

4.2.1 the SELLER shall notify the PURCHASER of such fact at least 60 (SIXTY) days before such date. In such event the

PURCHASER shall accept possession, occupation and use of the SECTION on the date the SELLER notifies him in

writing that the SECTION will be sufficiently complete for beneficial occupation, and such subsequent date shall

(subject to the provisions of paragraph 4.5 below) be deemed for all purposes to be the DATE OF POSSESSION

and

4.2.2 if the SECTION is not sufficiently complete for beneficial occupation within 12 (TWELVE) calendar months after the

date specified in 1.11 of the CONTRACT OF SALE, the PURCHASER shall have the right on notice to the SELLER to

resile from this CONTRACT. In such event the PURCHASER shall be entitled to receive a refund of an amount

equal to the aggregate of all payments made by the PURCHASER in respect of the Total Purchase Price referred to

in 1.5 of the CONTRACT OF SALE and the PURCHASER shall have no claim of whatsoever nature or howsoever

arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the

PURCHASER on or before the DATE OF POSSESSION.

4.3 The SELLER shall be entitled to anticipate the DATE OF POSSESSION on 30 (THIRTY) days written notice to the

PURCHASER provided that such anticipated date shall not be more than 120 (ONE HUNDRED AND TWENTY) days

earlier than the date stated in 1.11 of the CONTRACT OF SALE. Should the SELLER bring the date of possession

forward by giving the PURCHASER the written notice as aforesaid, such date shall be regarded as the DATE OF

POSSESSION for the purposes of this CONTRACT (subject to the provisions of paragraph 4.5 below).

SAMPLE

16

4.4 In the event of any dispute as to when or whether the SECTION is sufficiently complete for beneficial occupation,

a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the SECTION is

sufficiently complete for beneficial occupation, shall be final and binding upon the parties.

4.5 Notwithstanding anything contained herein, the PURCHASER shall not be entitled to occupation of the SECTION

until such time as the Total Purchase Price, referred to in paragraph 1.5 of the CONTRACT OF SALE, has been

secured in full, as contemplated in paragraph 3 of the CONTRACT OF SALE. Should the SECTION be sufficiently

complete for beneficial occupation but the amount referred to in 1.5 of the CONTRACT OF SALE not have been

secured in full, then in that event (without prejudice to the SELLER’s rights to claim specific performance or to

any other rights the SELLER may have in terms of this CONTRACT or at law) possession and occupation of the

SECTION shall only be given to the PURCHASER once such amount has been secured and the date of securement

shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT.

5. RIGHTS AND OBLIGATIONS IN RESPECT OF OCCUPATION

5.1 The PURCHASER acknowledges that, on the DATE OF POSSESSION, the SCHEME may be incomplete and that he

and every person claiming occupation and use through him may suffer inconvenience from building operations and

from noise and dust resulting therefrom and the PURCHASER shall have no claim whatsoever against the SELLER

by reason of any such inconvenience.

5.2 From the DATE OF POSSESSION the PURCHASER –

5.2.1 shall be entitled to beneficial occupation of the SECTION and the SECTION shall be used only for residential

purposes, subject to compliance with the RULES, and for no other purpose whatsoever;

5.2.2 shall, at his own expense, maintain the interior of the SECTION in a good, clean and thoroughly tenantable and

attractive condition, and where necessary repair or refurbish any damaged item and replace any lost item;

5.2.3 shall, at his own expense, maintain in a good working order and condition all electrical, plumbing and sewerage

installations and appurtenances of whatever nature, serving the SECTION;

5.2.4 shall be entitled to the use and enjoyment, along with occupiers of other sections in the SCHEME, of those parts of

the common property of the SCHEME not subject to rights of exclusive use, subject to the RULES. In using the

common property of the SCHEME, the PURCHASER shall do so in such a manner so as to not interfere unduly or

unreasonably with the lawful rights of the use and enjoyment thereof by other occupiers of the sections in the

SCHEME or other persons lawfully upon the SCHEME. The PURCHASER shall procure that all other occupants of

the SECTION comply with the provisions of this CONTRACT;

5.2.5 shall at all times comply with the provisions of the ACT and the RULES;

5.2.6 waives all claims against the SELLER for any loss or damage to property or any injury to person which the

PURCHASER may sustain in or about the PROPERTY, the SCHEME and indemnifies the SELLER, against any claim

that may be made against the SELLER by an employee of the PURCHASER'S or any tenant, nominee, invitee or

any other person who occupies the SECTION or goes upon the SCHEME by virtue of the PURCHASER'S rights

thereto, for any loss or damage to property or injury to person suffered in or about the SECTION, the SCHEME

SAMPLE

17

howsoever such loss or damage to property or injury to person may be caused (save for any damage to property

or injury to person caused by the intentional or grossly negligent acts of the SELLER);

5.2.7 shall not, without the prior written consent of the SELLER, make or cause or allow to be made any change or

improvements to the SECTION or remove or demolish any improvements whatever. If any such changes or

improvements are made, with or without the prior written consent of the SELLER, then, without prejudice to any

rights the SELLER may have in terms of the CONTRACT or at law, the PURCHASER shall not have any claim

against the SELLER in respect of any expenditure upon or improvements to the SECTION;

5.2.8 shall be liable for the payment of all services provided to the SECTION and any deposits and fees payable in

connection with the supply of such services. (It is recorded that the ASSOCIATION shall notify the PURCHASER of

the amount of the deposits payable in respect of the water and electricity connections to the SECTION, at least 90

(NINETY) days prior to the DATE OF POSSESSION, which deposits the PURCHASER shall pay to the relevant

service providers prior to the DATE OF POSSESSION). In no way detracting from the aforesaid, it is specifically

recorded that it shall be incumbent upon the PURCHASER, at the PURCHASER’S cost, to make application for the

connection of water, electricity and telephone services to the SECTION.

5.3 The SELLER either personally or through their servants or agents shall be entitled at all reasonable times to have

access to the SECTION and the common property of the SCHEME for the purpose of inspection or to carry out any

maintenance or repairs whether relative to the SECTION or not, and the PURCHASER shall have no claim against

the SELLER for any disturbance in his occupation arising out of the exercise of the rights hereby conferred.

5.4 The PURCHASER shall only be entitled to utilise the EXCLUSIVE USE AREA(S) for their designated purposes in

accordance with the RULES. The PURCHASER shall maintain such EXCLUSIVE USE AREA (as contemplated in the

ACT and RULES), at its cost, in a good and neat condition at all times. The position of the parking bay exclusive

use areas referred to 1.4.1 of the CONTRACT OF SALE, shall be allocated by the SELLER, in its sole and absolute

discretion, prior to the DATE OF TRANSFER.

5.5 The PURCHASER shall not use the SECTION or permit it to be used in such manner or for such purposes as shall

cause a nuisance to any occupier of any section in the SCHEME or interfere with the amenities of the SCHEME or

so as to breach the RULES or any law, ordinance or by-law or provision of the Town Planning Scheme in force in

relation to the SCHEME.

5.6 Save with the prior written consent of the BODY CORPORATE, the maximum number of persons that shall be

entitled to occupy the PROPERTY shall be determined by multiplying the number of bedrooms in the SECTION by

two (it being recorded that, for the purposes of this clause, a studio apartment shall be regarded as having one

bedroom).

5.7 From DATE OF POSSESSION until the DATE OF TRANSFER (both days inclusive), the PURCHASER shall pay to the

SELLER monthly occupational rental in the amount referred to in 1.14 of the CONTRACT OF SALE. The aforesaid

occupational rental, which shall be payable monthly in advance to the SELLER on or before the first day of each

and every month, shall be adjusted pro rata for any period of less than 1 (one) month, and the final adjustment to

be made on the DATE OF TRANSFER.

SAMPLE

18

6 LEVY AND OTHER CHARGES

6.1 The PURCHASER accepts liability from the DATE OF POSSESSION for the payment of a monthly levy to the

ASSOCIATION in respect of those items contemplated in the ASSOCIATION’S Memorandum of Incorporation

(which will include the levy due to the BODY CORPORATE by the PURCHASER in terms of the ACT). The

PURCHASER shall be required to sign a debit order on an account with a South African registered commercial

bank, in favour of the ASSOCIATION, in order to ensure that the aforesaid monthly levy is paid timeously.

6.2 The amount stated in 1.10 of the CONTRACT OF SALE is an estimation of the monthly levy payable to the

ASSOCIATION, made in good faith by the SELLER and the SELLER shall not be responsible for any inaccuracy in

this estimation. It is recorded that the amount referred to in 1.10 of the CONTRACT OF SALE does not include the

costs of the direct services to be supplied by the Body Corporate to the PURCHASER (for example, the air-

conditioning system and hot and cold water), which shall be billed separately and directly by the Trustees of the

Body Corporate (or their appointed service provider) to the PURCHASER on a monthly basis.

6.3 The PURCHASER agrees that he shall have no right to reclaim from the ASSOCIATION any amount paid by way of

a monthly levy or special levy, save as provided herein.

7 TRANSFER

7.1 The PURCHASER acknowledges that it is not possible for the SELLER to give transfer of the PROPERTY to the

PURCHASER until such time as the Sectional Title Register of the SCHEME is opened in terms of the ACT.

Accordingly, the SELLER undertakes, in a reasonable time and at its own expense, to take such steps as may be

reasonably necessary to procure the opening of the said Sectional Title Register.

7.2 Should the said Sectional Title Register not be opened by the date referred to in 1.16 of the CONTRACT OF SALE,

then failing any agreement to the contrary arrived at between the parties and recorded in writing, either party

shall have the right on notice to the other party to resile from this CONTRACT, provided that such notice is

delivered within 7 days of the date referred to in 1.16 of the CONTRACT OF SALE, and in such event:

7.2.1 the PURCHASER shall be entitled to be refunded all monies paid on account of the purchase price;

7.2.2 save as herein provided, neither party shall have in such event any further claims whatsoever against the other,

nor shall the PURCHASER be entitled to claim or allege any right of occupation or tenancy of the PROPERTY and

7.2.3 the PURCHASER, and every person claiming occupation through the PURCHASER, shall vacate the SECTION on a

date stated in such notice to the SELLER provided that such date shall not be later than 30 (THIRTY) days from

the date of the notice, and the PURCHASER shall re-deliver the SECTION to the SELLER in the same good order

and condition as at the DATE OF POSSESSION, fair wear and tear excepted.

7.3 The CONVEYANCERS shall attend to transfer of the SECTION, and the simultaneous cession of the EXCLUSIVE

USE AREA to the PURCHASER as soon as possible in the circumstances. The PURCHASER shall, within 7 (SEVEN)

days of being called upon to do so by the CONVEYANCERS –

SAMPLE

19

7.3.1 pay to the CONVEYANCERS all costs of an incidental to the passing of transfer of the SECTION and cession of the

EXCLUSIVE USE AREA, to the PURCHASER, including bond costs, bank charges and all conveyancing fees and

disbursements, and

7.3.2 furnish all such information, sign all such documents and pay all such amounts that may be necessary or required

to enable the CONVEYANCERS to pass transfer of the SECTION and cession of the EXCLUSIVE USE AREA.

7.4 No liability of any nature whatsoever shall attach to the SELLER arising out of any delays in effecting transfer of

the PROPERTY to the PURCHASER.

7.5 The PURCHASER shall be obliged to accept ownership of the PROPERTY subject to –

7.5.1 the conditions, reservations and servitudes which affect the PARENT PROPERTY;

7.5.2 such conditions of sectional title as are imposed by the SELLER and the local authority (which, shall include a title

deed condition in favour of the SELLER to the effect that no signage may be erected on any part of the Common

Property of the SCHEME save with the prior written consent of the SELLER);

7.5.3 any change in the number of the SECTION;

7.5.4 a condition registered, in favour of the SELLER, against the title deeds to the PROPERTY to the effect that the

PROPERTY, or any part thereof, shall not be used for the purposes of a share block scheme under the provisions

of the Share Blocks Control Act, Act 59/1980, a time share scheme under the provisions of the Property Time

Share Control Act 75/1983 or any similar such scheme or any other form of fractional ownership, without the prior

written consent of the SELLER and

7.5.5 a condition registered in favour of the ASSOCIATION, against the title deeds to the PROPERTY, to the effect that

the PROPERTY shall not be transferred or otherwise alienated without the prior written consent of the

ASSOCIATION first being had and obtained.

7.6 It is recorded that in order to effect transfer of the PROPERTY, the CONVEYANCERS shall be required to lodge,

inter alia, a Transfer Duty exemption certificate, issued by the South African Revenue Services (hereinafter in this

paragraph 7.6 referred to as “SARS”) with the Deeds Registry. It is further recorded that SARS have adopted a

policy of not issuing the aforesaid certificate in the event of any party to the transaction in question being in

arrears with the payment of any amounts SARS believes is due to it or otherwise not being in compliance with Tax

Laws. Should SARS refuse to issue a Transfer Duty exemption certificate in respect of the sale of the PROPERTY,

in terms of this CONTRACT, due to the fact that the PURCHASER is in arrears with any payments to SARS or has

otherwise not complied with any Tax Laws, then in that event, the PURCHASER shall be deemed to be in breach

of this CONTRACT OF SALE and the SELLER shall be entitled to cancel this CONTRACT should the PURCHASER not

rectify such breach within 7 (SEVEN) days of receipt of a notice from the SELLER calling upon him to remedy such

breach (as contemplated in paragraph 10.1.1 of the CONDITIONS OF SALE). Further, should there be any delay

in the issue of the aforesaid Transfer Duty exemption certificate by SARS for either of the aforesaid reasons, then

in that event, the PURCHASER shall be deemed to be delaying the registration of transfer which shall entitle the

SELLER to claim mora interest from the PURCHASER as contemplated in paragraph 18 of the CONDITIONS OF

SALE.

SAMPLE

20

7.7 The PURCHASER acknowledges that:

7.7.1 the documentation necessary to effect transfer of the PROPERTY to the PURCHASER shall be lodged with the

Deeds Registry as part of a set including the transfer of other units in the SCHEME and that no documentation in

the set, including the documentation relating to the transfer of the PROPERTY, can be withdrawn from the Deeds

Registry without the entire set being withdrawn;

7.7.2 if it becomes necessary to withdraw the aforesaid set from the Deeds Registry, due to the fact that the

PURCHASER has not complied with all its obligations under this CONTRACT, the SELLER will suffer damages

including, but in no way limited to, interest payable by the SELLER to the mortgagee of the PARENT PROPERTY

from the date of the withdrawal of the set until the date of its re-lodgement and registration;

7.7.3 the SELLER shall be entitled to recover from the PURCHASER all damages the SELLER may have suffered

(including the aforesaid interest) as a result of the aforesaid set having to be withdrawn and all transfers in the set

having been delayed by virtue of the PURCHASER’s failure to comply with the provisions of this CONTRACT.

8. PURCHASER’S ACKNOWLEDGMENT

8.1 The PURCHASER acknowledges that he is aware of the intended future development of the SCHEME by the

SELLER. Such development is intended to involve the establishment of, inter alia, high quality residential

apartments, a shopping mall and a hotel (as further detailed on the SITE PLAN). The PURCHASER hereby

undertakes that he will, at all times, co-operate with the SELLER in an endeavour to facilitate the success of the

said development. Also in this respect, the PURCHASER undertakes that he shall not interfere with the

proposed development of the SCHEME nor lodge an objection with any competent authority in respect of such

development. In no way detracting from the generality of the aforesaid, in particular the PURCHASER agrees

he shall not object to any application made by or on behalf of the SELLER, its nominee or agent, for special

consent usage, licenses for shopping or commercial rights, rezoning, removal of conditions of title under the

Removal of Restrictive Conditions Act or by way of an application to Court or to any local or other competent

authority, in respect of the PARENT PROPERTY or any portion thereof.

8.2 The PURCHASER acknowledges that:

8.2.1 for reasons of security on the SCHEME and due to the nature of the proposed development of the SCHEME and

the various matters about which any purchaser should become aware when buying into the SCHEME, if the

PURCHASER wishes to dispose of the PROPERTY, or any share therein he shall, to the extent that he requires the

services of an estate agent in regard to such disposal, do so in accordance with this clause;

8.2.2 this clause is inserted for the benefit of the SELLER, who shall be entitled to enforce its terms by law;

8.2.3 any owner who acquires the PROPERTY and who thereafter wishes to dispose of the PROPERTY, shall –

a) to extent that he requires the services of an estate agent, do so exclusively through an estate

agent accredited by the SELLER. In consideration for its rights herein, the SELLER shall procure

that the commission payable to the accredited estate agent shall not exceed 7% (plus Value

Added Tax thereon) of the purchase price of the PROPERTY; and

SAMPLE

21

b) whether or not he utilises the services of an estate agent, include a clause in any document

pursuant by which he disposes of the PROPERTY on the same terms precisely as this clause so

that any future owner of the PROPERTY shall, to the extent that such owner requires the services

of an estate agent in regard to the disposal of the PROPERTY, be required to appoint only an

estate agent accredited by the SELLER.

8.3 The PURCHASER further acknowledges that in the event of the PURCHASER being an artificial person, such as a

close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary

of the PURCHASER (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest

in the PURCHASER (as the case may be) he shall to the extent that such party requires the services of an estate

agent in regard to such disposal, the provisions of paragraph 8.2 of the CONDITIONS OF SALE shall apply mutatis

mutandis.

8.4 All the SELLER’S rights and obligations in terms of paragraph 8.2 and 8.3 hereof shall be ceded and assigned to

the ASSOCIATION by the SELLER by no later than the date that the SELLER no longer owns any section in the

SCHEME or the right to extend the SCHEME by the erection of at least one section (as contemplated in Section

25 of the ACT).

8.5 The PURCHASER acknowledges that in the event of the PURCHASER disposing of the PROPERTY or in the event of

the PURCHASER being an artificial person, such as a close corporation, company or trust and the member’s

interest, shares or beneficial interest (as the case may be), being disposed, of privately, (i.e. without the

assistance of an estate agent), then in that event, the PURCHASER acknowledges that it shall be responsible for

payment of an administration fee charged by the BODY CORPORATE in consideration for attending to its

formalities in this regard.

8.6 When selling the PROPERTY, the PURCHASER shall utilise such documentation (including the standard Sale

Agreement), as is prescribed by the BODY CORPORATE).

8.7 Notwithstanding the provisions of clause 10, in the event of a breach of this clause 8, the SELLER shall be entitled

in its absolute discretion to refuse its written approval as required to the sale and transfer of the PROPERTY until

the provisions of this clause 8 are complied with and no party to this CONTRACT OF SALE shall have any claim for

damages arising out of SELLER’S refusal to give such written approval.

8.8 In order to protect the SELLER’S rights in this regard, the PROPERTY shall be transferred to the PURCHASER,

subject to a condition in the Title Deeds to the PROPERTY to the effect that the PROPERTY, or any portion thereof

or interest therein shall not be alienated or otherwise transferred without the prior written consent of SELLER first

being had and obtained, which consent the SELLER shall grant provided the provisions of this CONTRACT have

been complied with.

8.9 The PURCHASER authorises the SELLER to make such alterations or amendments to the RULES as well as to file

and lodge such altered and amended Rules in the Deeds Registry at Pietermaritzburg, as the SELLER believes is

necessary to give effect to the provisions of this CONTRACT, and so as to provide for the harmonious operation of

this SCHEME, and for that purpose the PURCHASER irrevocably and in rem suam appoints the SELLER as the

PURCHASER’S duly authorized attorney, agent and proxy on the PURCHASER’S behalf, and to the PURCHASER’S

SAMPLE

22

exclusion, to attend all such meetings and do all such things as are necessary to give effect to the provisions of

this clause.

8.10 For so long as the SELLER owns a section (or the right to extend the SCHEME by the erection of at least one

SECTION, as anticipated in Section 25 of the ACT):

8.10.1 the PURCHASER irrevocably and in rem suam appoints the SELLER to exercise the PURCHASER’S voting rights

with regard to the appointment of the Trustees of the BODY CORPORATE and the appointment of the Managing

Agents of the SCHEME, the PURCHASER acknowledging that the SELLER or its nominee may apply to be

appointed as Managing Agents of the SCHEME, and

8.10.2 the PURCHASER shall not be entitled to vote in favour of the amendment of any of the RULES without the

SELLER’s prior written consent.

8.11 All the SELLER’S rights and obligations in terms of paragraphs 8.9 and 8.10 hereof above shall lapse when the

SELLER no longer owns a section in the SCHEME or the right to extend the SCHEME by the erection of at least one

section (as contemplated in Section 25 of the ACT).

8.12 It is recorded that the SELLER shall be entitled to subdivide any section in the SCHEME owned by it and/or

consolidate any two adjacent sections in the SCHEME owned by it, as the SELLER in its sole and absolute

discretion requires. The PURCHASER hereby consents to the aforesaid subdivisions and consolidations, insofar as

its consent may be required, and hereby irrevocably and in rem suam, nominates, constitutes and appoints any

director of the SELLER, with power of substitution, to call and attend any meeting of the BODY CORPORATE or of

the trustees of the BODY CORPORATE, on the PURCHASER’S behalf, and to vote in favour of any such resolution

that may be required to give effect to any consolidation or subdivision of the sections in the SCHEME that the

SELLER may require, as aforesaid.

8.13 It is recorded that the PURCHASER is agreeable to the SELLER, in the SELLER’s sole and absolute discretion,

allowing time share activities (as contemplated in the Property Time Share Control Act 1983 (as amended)) to be

conducted from certain units in the SCHEME. Should the SELLER, in its sole and absolute discretion, agree to

allow any time share activity to be conducted from any unit in the SCHEME, to the extent that the RULES require

amendment in this regard to allow such activities, the PURCHASER irrevocably and unconditionally agrees to the

RULES being amended and further hereby irrevocably and in rem suam, nominates, constitutes and appoints any

director of the SELLER, with the power of substitution, to call and attend any meeting of the BODY CORPORATE or

of the trustees of the BODY CORPORATE, on the PURCHASER’s behalf (and to the PURCHASER’s exclusion), and

to vote in favour of any such resolution that may be required to amend the RULES to allow time share activity to

be conducted from such units in the SCHEME as the SELLER may agree to. (It is recorded that the PURCHASER’s

consent in terms of this paragraph shall constitute the required consent to the SELLER conducting time share

activities in respect of the units of the SCHEME designated by the SELLER, as contemplated in Regulation 5(b) of

the Property Timeshare Control Act 1983 (as amended)).

8.14 The PURCHASER acknowledges that it understands the English language and considers itself fluent therein.

8.15 The PURCHASER acknowledges that it has had an opportunity to carefully read and consider the provisions of this

CONTRACT and that it has been free to secure independent legal advice in respect of the provisions of same. In

addition, the PURCHASER acknowledges that the SELLER undertook that the SELLER or the CONVEYANCERS,

SAMPLE

23

would explain any provisions of the CONTRACT which the PURCHASER may not have understood fully and, to the

extent that the PURCHASER made the SELLER aware of any provisions of this CONTRACT it did not understand,

such provisions were fully explained to the PURCHASER.

8.16 In no way detracting from the generality of the aforesaid, it is specifically recorded that the PURCHASER has read,

understood and agrees to abide by the RULES (as set out in Annexure “J” hereto). Again, in no way detracting

from the generality of the aforesaid, it is specifically brought to the PURCHASER’S attention that in terms of the

RULES, no dogs, cats or any other pets may be kept within the SCHEME (save that in exceptional

circumstances, such as a blind person requiring the assistance of a guide dog, the body corporate may give

permission for a dog to be kept in these circumstances, subject to conditions it may impose).

9 AGENT'S COMMISSION

9.1 The PURCHASER warrants that it was introduced to the PROPERTY, the SCHEME and the SELLER solely by the

Introductory Agent referred to on the first page of the CONTRACT OF SALE. The PURCHASER indemnifies and

holds harmless the SELLER against any loss, damage or expense sustained, suffered or incurred by the SELLER

arising out of any breach of the foregoing warranty.

9.2 The SELLER shall pay to the ESTATE AGENT the amounts referred to in paragraph 1.13 of the CONTRACT OF

SALE, (it being recorded that in the event of the Introductory Agent, referred to on the first page of the

CONTRACT OF SALE, and the ESTATE AGENT not being the same party, a commission sharing arrangement has

been entered into between the aforesaid Introductory Agent and the ESTATE AGENT in this regard.

10 DEFAULT

10.1 If the PURCHASER :

10.1.1 fails to pay any amount in terms of this CONTRACT, or commits any breach of the remaining conditions of this

CONTRACT or the RULES, and should the PURCHASER fail to remedy such breach within 7 (SEVEN) days of the

date of delivery, if delivered by hand, or receipt if posted by prepaid registered post, of a written notice calling on

him to remedy such breach, or

10.1.2 commits a repetition of such breach within a period of two months after having been warned by the SELLER to

desist therefrom,

the SELLER shall be entitled, without prejudice to any other rights which it may have at law or in terms hereof and

at the SELLER'S election to -

(a) cancel this CONTRACT, and retake possession of the PROPERTY, in which event, the SELLER shall, if the

SELLER so elects, recover any damages however incurred as a result of such cancellation (including any

loss and expenses on a resale, whether by public auction or private treaty), in which case, the amount or

amounts paid to the SELLER or to the CONVEYANCERS (including any amount paid in trust by the

CONVEYANCERS or any interest that may have accrued thereon) shall be retained by the SELLER by way

of set off or partial set off against the damages claimed by the SELLER (it being recorded that the

damages the SELLER may suffer in this regard, may include, loss of interest, agents commission,

marketing fees and expenses, conveyancing fees and other professional fees incurred, holding costs in

SAMPLE

24

respect of the PROPERTY, including but in no way limited to, rates and levies payable in respect of the

PROPERTY and should the property subsequently be resold for a lower purchase price than that referred

to in this CONTRACT, the difference in such purchase price ) or

(b) claim immediate performance by the PURCHASER of all his obligations in terms of this CONTRACT

whether or not the due date for the performance shall otherwise have arrived.

10.2 Notwithstanding the foregoing, should the SELLER exercise any of his rights in terms hereof and should the

PURCHASER dispute the SELLER’S right to do so, then pending the determination of that dispute, the

PURCHASER shall continue to pay all amounts payable in terms of this CONTRACT on the due date thereof, and

to comply with all the terms hereof, and the SELLER shall be entitled to recover and accept such payments

and/or other performance without prejudice to the SELLER’S claim to have exercised its rights in terms hereof,

and in the event of the SELLER succeeding in such dispute, the SELLER shall be entitled to retain such amounts

received in the interim as payment for the occupational rights exercised and/or enjoyed by the PURCHASER in

the interim.

10.3 For all purposes of this CONTRACT any act or omission on the part of any tenant, nominee or other person who

occupies the PROPERTY, or invitee of the PURCHASER, or of such tenant, nominee or other person who occupies

the PROPERTY, or goes upon the SCHEME, shall be deemed to be an act or omission of the PURCHASER.

10.4 Should the SELLER, commit a breach of any of the provisions of this CONTRACT, then the PURCHASER shall be

entitled to give the SELLER written notice to remedy the breach. If the SELLER fails to comply with that notice

within 7 (SEVEN) days of receipt thereof, subject to any other provisions of this CONTRACT to the contrary, the

PURCHASER shall be entitled to cancel this CONTRACT or to claim specific performance, in either event without

prejudice to the PURCHASER’S right to claim damages. The aforegoing is without prejudice to any other rights

the PURCHASER may have in terms of this CONTRACT, common law or statute.

11 JURISDICTION AND COSTS

11.1 In the event of any action or application arising out of this CONTRACT, the parties hereby consent to the

jurisdiction of the Magistrate's Court otherwise having jurisdiction under section 28 of the Magistrate's Court Act of

1944, as amended. Notwithstanding that such proceedings are otherwise beyond the said court's jurisdiction, this

clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court

pursuant to Section 45 of the Magistrate's Court Act of 1944, as amended.

11.2 Notwithstanding anything to the contrary herein contained either party hereto shall have the right at its sole

option and discretion to institute proceedings in any other court which might otherwise have jurisdiction.

11.3 All legal costs incurred by either party in consequence of any default of the provisions of this CONTRACT by the

other shall be payable by the defaulting party on demand to the maximum amount permitted by Law and shall

include collection charges, the costs incurred by the aggrieved party in endeavouring to enforce such rights

prior to the institution of legal proceedings and the costs incurred in connection with the satisfaction or

enforcement of any judgement awarded in favour of the aggrieved party in relation to, in terms of or arising

out of this CONTRACT.

SAMPLE

25

12 SOLE CONTRACT

The PURCHASER acknowledges that this CONTRACT constitutes the sole basis of the contract between himself and

the SELLER, and that he has not been induced to enter into such contract by any representations or warranties

(including, but in no way limited to, any artist’s impression of the SCHEME) (whether contained in any letter,

brochure, advertising material buyer’s guide or otherwise) other than those contained herein and he shall be

deemed to have satisfied himself in regard to all other relevant matters of whatsoever nature not specially dealt

with herein. The PURCHASER confirms that, to the extent that any representations or warranties in respect of the

PROPERTY were made to the PURCHASER prior to the signature of this CONTRACT, such representations and/or

warranties shall not be binding on the SELLER. Any agreement between the PURCHASER and the SELLER to

cancel, alter or add to this CONTRACT shall not be binding and shall be of no force or effect unless reduced to

writing and signed by the parties hereto, or by their agents acting on their written instructions.

13 INDEMNITY

The SELLER does not warrant any information given in respect of the PROPERTY, whether this

information is given prior to or subsequent to the signing of this CONTRACT, save for the

information in respect of the PROPERTY specifically warranted in this CONTRACT. The SELLER shall

not be liable for any claim of any nature whatsoever that may arise due to any inaccuracies in

information given in good faith by the SELLER to the PURCHASER, his agent or his nominee in

respect of the PROPERTY and the PURCHASER hereby indemnifies the SELLER and holds it harmless

against and in respect of any injury, loss or damage however caused which the PURCHASER may

suffer as a result of any inaccuracies in any information given by the SELLER in good faith (save for

the information specifically warranted in this CONTRACT).

14 DOMICILIUM

14.1 The parties choose as their domicilia citandi et executandi for all purposes under this CONTRACT, whether in

respect of court processes, notices or other documents or communications of whatsoever nature their respective

physical addresses referred to in the heading of this CONTRACT OF SALE.

14.2 Any notice or communication required or permitted to be given in terms of this CONTRACT shall be valid and

effective only if in writing.

14.3 Any party may by notice to any other party change the physical address chosen as its domicilium citandi et

executandi vis-à-vis that party to another physical address in the Republic of South Africa, provided that the

change shall become effective vis-à-vis that address on the 7th business day from the deemed receipt of the

notice by the addressee.

14.4 Any notice to a party:-

14.4.1 sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to it at its domicilium

citandi et executandi shall be deemed to have been received on the 7th business day after posting (unless the

contrary is proved); or

14.4.2 delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi

shall be deemed to have been received on the day of delivery;

SAMPLE

26

14.5 Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by

a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or

delivered to its chosen domicilium citandi et executandi.

15 COSTS

The SELLER shall bear its own costs in connection with the preparation and execution of this CONTRACT.

16 PROHIBITION ON CESSION AND RESALE

The PURCHASER shall not, sell, assign, cede or dispose of the PURCHASER'S rights under this CONTRACT

without the prior written consent of the SELLER. In addition, the PURCHASER may not sell the PROPERTY prior

to the DATE OF TRANSFER.

17 ARREARS

17.1 Any amounts in arrears in terms of this CONTRACT shall bear interest at the rate equal to 2 (TWO) percentage

points above the prime overdraft rate, from time to time, charged by the Standard Bank of South Africa Limited,

which interest shall be calculated monthly in advance from the date that such amount became due.

17.2 A certificate by any manager of the said bank as to such prime overdraft rate, from time to time, shall be prima

facie proof of such rate.

18. MORA INTEREST

18.1 In the event of there being any delay in the DATE OF TRANSFER for which the PURCHASER is responsible or in

the event of the PURCHASER not furnishing the guarantees referred to in paragraph 3 of the CONTRACT OF SALE

timeously, then in that event, the PURCHASER agrees, in addition to any other payment due in terms of this

CONTRACT, to pay interest on the full purchase price at the prime overdraft rate charged by the Standard Bank of

South Africa Limited, from time to time, plus 2 percentage points, calculated from the date the PURCHASER is

notified in writing by the SELLER (or the SELLER'S agent) as being in mora, to the date upon which the

PURCHASER has ceased to be in mora, both days inclusive.

18.2 A certificate by any manager of the said bank as to such prime overdraft rate shall be prima facie proof of such

rate.

19 ELECTRICAL CERTIFICATE

19.1 The SELLER shall at the SELLER'S own expense furnish a certificate of compliance from an accredited person in

respect of all electrical installations in the PROPERTY installed by the SELLER, in accordance with the requirements

of the Electrical Installation Regulations made under the Occupational, Health and Safety Act No. 5 of 1993. Such

certificate shall be delivered to the CONVEYANCERS prior to the DATE OF POSSESSION.

SAMPLE

27

19.2 If the accredited person reports that he is unable to issue such certificate of compliance unless certain works are

taken to the electrical installation, the SELLER shall be entitled to have the work done so that the certificate can be

furnished timeously.

20 TRUSTEE FOR A COMPANY TO BE FORMED

20.1 In the event of the signatory to this CONTRACT, on behalf of the PURCHASER, having concluded this CONTRACT

in his capacity as a Trustee for a company to be formed (which signatory is hereinafter in paragraph 20 referred

to as the “SIGNATORY”), then:

20.1.1 the SIGNATORY by his signature hereto warrants that the said company:

20.1.1.1 will be formed;

20.1.1.2 will ratify and adopt the terms and conditions of the CONTRACT OF SALE; and

20.1.1.3 will provide the SELLER with written proof thereof;

all within a period of 30 days from the date of signature of this CONTRACT OF SALE by the SIGNATORY;

20.2 The SIGNATORY, in his personal capacity hereby under renunciation of the benefits of excussion and division with

the full meaning and effect of which he declares himself to be fully acquainted, binds himself and agrees to bind

himself as surety and co-principal debtor in solidum with the company to be formed by him in favour of the

SELLER for the due and punctual performance of such company's obligations to the SELLER in terms of this

CONTRACT OF SALE;

20.3 If the terms and conditions of Clause 20.1 above are not fulfilled then the SIGNATORY will by his signature to this

CONTRACT OF SALE be deemed ipso facto to have concluded the CONTRACT OF SALE in his personal capacity as

PURCHASER;

21 LETTING

21.1 In order to ensure that any tenant of any SECTION in the SCHEME is made aware of and complies with the

RULES and in order to keep control over persons entering upon the SCHEME, it is agreed that should the

PURCHASER wish to lease the PROPERTY, such lease shall comply with the requirements of the

ASSOCIATION and the BODY CORPORATE, from time to time. In particular, and in no way detracting from the

generality of the aforesaid, it is specifically brought to the PURCHASER’S attention that in terms of the RULES,

an owner shall not be entitled to let his unit for a period of less than 14 (FOURTEEN) days, without the prior

written consent of the ASSOCIATION and, during the Development Period, the Developer and the

ASSOCIATION.

21.2 Further, in the event of the PURCHASER wishing to lease the PROPERTY then, to the extent that the

PURCHASER requires the services of a rental/management agency, to procure a tenant and/or to manage the

PROPERTY while rented, it shall be obliged to utilise an agency appointed by the ASSOCIATION.

SAMPLE

28

22 MANAGING AGENT

The PURCHASER agrees to the Managing Agent referred to in 1.17 of the CONTRACT OF SALE being appointed

as the Managing Agent of the BODY CORPORATE for a period of 1 (ONE) year from the date of the opening of

the Sectional Title Register of the SCHEME. In this regard, the PURCHASER hereby irrevocably, nominates,

constitutes and appoints the SELLER to attend any meeting of the BODY CORPORATE, to the PURCHASER’S

exclusion, called for the purposes on voting on the appointment of the aforesaid Managing Agent and to vote in

favour of its appointment on the PURCHASER’S behalf, on terms and conditions the SELLER deems appropriate

in the circumstances.

23. EXPROPRIATION OR DESTRUCTION OF THE COMMON PROPERTY

Notwithstanding anything to the contrary contained in this CONTRACT, in the event of the SELLER being unable

to give the PURCHASER occupation or transfer of the SECTION timeously by reason of :

23.1 the destruction of the SCHEME or a portion thereof or

23.2 the expropriation of the PARENT PROPERTY or a substantial portion thereof

either the SELLER or the PURCHASER shall be entitled to cancel this CONTRACT on written notice to the other

given within a reasonable time and neither party shall have any claim against the other so doing, save that the

SELLER shall refund to the PURCHASER, that amount which it would have been obliged to refund in terms of

clause 8.2 of the CONTRACT OF SALE and the PURCHASER shall immediately vacate the SECTION, unless he

has already vacated or been deprived of possession thereof and save as aforesaid shall have no further claim

against the SELLER

SAMPLE

29

LIST OF ANNEXURES

ANNEXURE “A” CONDITIONS OF SALE

ANNEXURE “B’’ SITE PLAN (SHOWING THE POSITION OF THE SECTION AND

THE LOCK UP GARAGES)

ANNEXURE “C” SCHEDULE OF FINISHES AND SPECIFICATIONS IN RESPECT

OF THE SECTION

ANNEXURE “D” PLAN OF THE SECTION (INCLUDING THE BALCONY EXCLUSIVE

USE AREA)

ANNEXURE “E” DRAFT PARTICIPATION QUOTA

ANNEXURE “F” AIMS AND OBJECTIVES OF THE OCEANS RESIDENCE

MANAGEMENT ASSOCIATION (RF) NPC

ANNEXURE “G” LIST OF FICA DOCUMENTATION REQUIRED BY THE

CONVEYANCERS

ANNEXURE “H: OCEANS RESIDENCE MANAGEMENT ASSOCIATION (RF) NPC

MEMBERSHIP APPLICTION FORM

ANNEXURE “I” INVESTMENT MANDATE

ANNEXURE “J” BODY CORPORATE’S RULES

SAMPLE

OC

EA

NS

UM

HL

AN

GA

- S

ITE

PL

AN

HO

TEL

MA

LLRE

SID

ENCE

NO

RTH

RESI

DEN

CESO

UTH

OCE

AN

SSA

LES

CEN

TRE

OCE

AN

S RE

SID

ENCE

ENTR

AN

CE

ANNE

XURE

“B”

SAMPLE

 

ANNEXURE “C”

OCEANS UMHLANGA – SUMMARY OF EXTERNAL FINISHES

• All solid walls and columns to be finished in palster and stipple paint, coating to be applied

over ruled joints to all surfaces, including sills, reveals and ledges. • All upstands and parapets to receive copings. • Glazed balustrades to balcony perimeter to comprise framed glazing sections decorated in a

fritt pattern in white to be designed. Glazing to be SANS safety compliant and trimmed with stainless steel or powder coated aluminium sections. Handrails to the spandrel panel to match. Subframe to engineers details.

• The finishes to all soffits to balconies to match walls. Plaster drips to be formed at leading edges.

• All windows and door sections, to be framed in powder coated aluminium frames, housing performance glazing to meet all SANS and XA national building regulations. All locking mechanisms and ironmongery are provided with keys.

• All balconies and walkways will be tiled with non slip tiles and skirting to match. Waterproofing will be laid to all balconies and those walkways exposed to the weather.

• Walkway balutrades will be stainless steel or high impact aluminium. • The roof will be a flat roof, appropriately waterproofed and insulated and accessible for

servicing of equipment. • All walkways and balconies will be illuminated with light fittings. Walkways adjacent to

apartment entrances will recivie flush plastered ceilings. • All apartments will be identifiable by apartment numbers adjacent to or on the front door. • The entire building will be sign posted with emergency and general directional signage, in

addition to any other informational signage. • Exposed steel columns in the common arrivals and lobby areas will be painted. • The central atrium will be partially enclosed to permit natural ventilation • The lifts are enclosed with glazed screens. • Suncreens to the central arrivals area will be powder coated aluminium. • The roof covering to the central arrivals area will be metal sheeting with appropriate insulation.

OCEANS UMHLANGA – SUMMARY OF INTERNAL FINISHES

STUDIO & 1 BEDROOM UNITS – CATEGORY 1

• Imported glazed porcelain tile finish to floors throughout with matching tile skirting in bathrooms and painted skirting elsewhere. Imported wood-look glazed porcelain tile option. Broadloom carpet option for bedroom in 1 Bedroom Unit. Glazed porcelain tile cut to mosaic format for shower floors.

• Full height imported gloss glazed porcelain tiles to 2 bathroom walls and moisture resistant paint to remaining bathroom walls (option to use floor tiles on walls). Painted wall finish to all other areas. Matching tile finish to sills in kitchen and bathroom, painted sills to remaining areas.

• Combination of dropped flush plastered and painted ceilings and skimmed and painted soffits. • 2, 4 Metre high solid wood panelled entrance door and timber frames with paint finish. Hollow

core internal doors with paint finish. Painted MDF architraves and plinth blocks to all doors to match painted MDF skirting. Stainless steel lever handles. Cylinder lock to front door and 2 lever locks to internal doors.

• Corner double bowl Franke (or similar approved) drop-in stainless steel sink in granite kitchen top with duco finished MDF kitchen cupboard units with stainless steel look pull handles and gloss glazed porcelain tile splashback (option to use floor tiles as splashback). Back-painted glass feature wall panel behind hob. Hansgrohe (or similar approved) sink mixer. Siemens (or similar approved) hob, air filter and built-in oven.

• Wall-mounted integrated basin and vanity unit with marine ply substrate and Hansgrohe (or similar approved) mixer. Duravit (or similar approved) wall-hung WC with concealed Geberit cistern and Geberit actuator plate. Optional Hansgrohe (or similar approved) trigger handspray with hose and self-closing valve at WC. Hansgrohe (or similar approved) shower mixer, arm and rose. Geberit shower floor drain. Showerline (or similar approved) framed shower enclosures and doors. Bathroom Butler (or similar approved) stainless steel accessories.

• Duco finished MDF bedroom cupboard units with stainless steel look pull handles. SAMPLE

 

2 BEDROOM UNITS – CATEGORY 2

• Imported glazed porcelain tile finish to floors throughout with matching tile skirting in bathrooms and painted skirting elsewhere. Imported wood-look glazed porcelain tile option. Broadloom carpet option for Bedrooms. Glazed porcelain tile cut to mosaic format for shower floors.

• Full height imported gloss glazed porcelain tiles to 2 bathroom walls including feature tile wall panel and moisture resistant paint to remaining bathroom walls (option to use floor tiles on walls). Painted wall finish to all other areas. Matching tile finish to sills in kitchen and bathroom, painted sills to remaining areas.

• Combination of dropped flushplastered and painted ceilings and skimmed and painted soffits. • 2, 4 Metre high solid wood panelled entrance door and timber frames with paint finish. Hollow

core internal doors with paint finish. Painted MDF architraves and plinth blocks to all doors to match painted MDF skirting. Stainless steel lever handles. Cylinder lock to front door and 2 lever locks to internal doors.

• Double bowl Franke (or similar approved) drop-in stainless steel sink in granite kitchen top with duco finished MDF kitchen cupboard units with stainless steel look pull handles and gloss glazed porcelain tile splashback (option to use floor tiles as splashback). Back-painted glass feature wall panel behind hob. Hansgrohe (or similar approved) sink mixer. Siemens (or similar approved) hob, air filter and built-in oven.

• Wall-mounted integrated basin and vanity unit with marine ply substrate and Hansgrohe (or similar approved) mixer. Duravit (or similar approved) wall-hung WC with concealed Geberit cistern and Geberit actuator plate. Optional Hansgrohe (or similar approved) trigger handspray with hose and self-closing valve at WC. Freestanding Libra Bathrooms (or similar approved) bath with Hansgrohe (or similar approved) wall-mounted bath mixer/spout. Hansgrohe (or similar approved) shower mixer, arm and rose. Geberit shower floor drain. Showerline (or similar approved) framed shower enclosures and doors. Bathroom Butler (or similar approved) stainless steel accessories.

• Duco finished MDF bedroom cupboard units with stainless steel look pull handles. 3 & 4 BEDROOM UNITS – CATEGORY 3

• Imported porcelain tile finish to floors throughout with matching tile skirting with aluminium trim in bathrooms and Guest WC’s and painted hardwood skirting elsewhere. Imported wood-look porcelain tile option. Broadloom carpet option for Bedrooms. Porcelain tile cut to mosaic format for shower floors.

• Full height imported porcelain tiles to 2 bathroom walls with feature tile wall panel and moisture resistant paint to remaining bathroom walls. Painted wall finish to all other areas. Matching tile finish to sills in kitchen and bathroom, painted sills to remaining areas.

• Combination of dropped flushplastered and painted ceilings and skimmed and painted soffits. • 2, 4 Metre high solid wood panelled entrance door and timber frames with paint finish. Hollow

core internal doors with paint finish. Painted MDF architraves and plinth blocks to all doors to match painted MDF skirting. Stainless steel lever handles. Cylinder lock to front door and 2 lever locks to internal doors.

• Double bowl Franke (or similar approved) drop-in stainless steel sink in stone kitchen top with duco finished MDF or veneered kitchen cupboard units with stainless steel pull handles and back-painted glass splashback (option to use floor tiles as splashback). Back-painted glass feature wall panel behind hob. Hansgrohe (or similar approved) sink mixer. Miele (or similar approved) hob, air filter and built-in oven.

• Wall-mounted integrated basin and vanity unit with marine ply substrate and Hansgrohe (or similar approved) mixer. Duravit (or similar approved) wall-hung WC with concealed Geberit cistern and Geberit actuator plate. Optional Hansgrohe (or similar approved) trigger handspray with hose and self-closing valve at WC. Freestanding Libra Bathrooms (or similar approved) bath with Hansgrohe (or similar approved) floor-mounted bath mixer/spout. Hansgrohe (or similar approved) shower mixer, arm and rose. Geberit shower floor drain. Showerline (or similar approved) frameless toughened glass shower enclosures and doors. Hansgrohe (or similar approved) stainless steel accessories.

• Duco finished MDF bedroom cupboard units with stainless steel pull handles. NOTE: All finishes as per Architect and Interior Designers specification.

SAMPLE

10

9

8

7

1

2

3

4

5

11

6

FLO

OR

PLA

N L

EV

EL 1

0

NO

RTH

TOW

ER

RN

10

-01

10

31 RN

10

-02

10

32

RN

10

-03

10

33

RN

10

-04

10

34

RN

10

-05

10

35

RN

10

-06

10

36

RN

10

-07

10

37

RN

10

-12

10

42

RN

10

-11

10

41

RN

10

-10

10

40

RN

10

-09

10

39

RN

10

-08

10

38

AR

CH

ITE

CT

UR

E.C

ON

CE

PT

S.L

IFE

.FO

RM

.SP

AC

E

AN

NE

XU

RE

"D

(1)"SAMPLE

3184

98

5

20

15

4230

19

00

30

00

30

00

12

85

985

4760

2600

48

80

47

10

2600

23

00

1466

16

00

54

90

29

90

6471

3256

2415

3407

38

86

1652

897

ARCHITECTURE.CONCEPTS.LIFE.FORM.SPACE

UNIT NO:

SECT NO:

UNIT AREA:

BALCONY AREA:

ANNEXURE "D(2)"

RN10-07

1037

134m²

39.6m²SAMPLE

Unit

No.

Sect

. No

.Ar

ea m

2Pa

rtic

ipat

ion

Quo

ta %

Unit

No.

Sect

. No

.Ar

ea m

2Pa

rtic

ipat

ion

Quo

ta %

Unit

No.

Sect

. No

.Ar

ea m

2Pa

rtic

ipat

ion

Quo

ta %

Unit

No.

Sect

. No

.Ar

ea m

2Pa

rtic

ipat

ion

Quo

ta %

Unit

No.

Sect

. No

.Ar

ea m

2Pa

rtic

ipat

ion

Quo

ta %

RS7-

0110

076

0.03

30RS

11-0

414

476

0.03

30RS

14-1

218

838

0.01

65RS

18-0

823

276

0.03

30RS

22-0

627

613

40.

0582

RS7-

0210

113

40.

0582

RS11

-05

145

760.

0330

RS15

-01

189

380.

0165

RS18

-09

233

760.

0330

RS22

-07

277

800.

0347

RS7-

0310

213

40.

0582

RS11

-06

146

134

0.05

82RS

15-0

219

060

0.02

60RS

18-1

023

476

0.03

30RS

22-0

827

876

0.03

30RS

7-04

103

760.

0330

RS11

-07

147

134

0.05

82RS

15-0

319

154

0.02

33RS

18-1

123

538

0.01

65RS

22-0

927

976

0.03

30RS

7-05

104

760.

0330

RS11

-08

148

760.

0330

RS15

-04

192

760.

0330

RS18

-12

236

380.

0165

RS22

-10

280

760.

0330

RS7-

0610

576

0.03

30RS

11-0

914

976

0.03

30RS

15-0

519

376

0.03

30RS

19-0

123

738

0.01

65RS

23-0

128

176

0.03

30RS

7-07

106

380.

0165

RS11

-10

150

760.

0330

RS15

-06

194

134

0.05

82RS

19-0

223

860

0.02

60RS

23-0

228

276

0.03

30RS

8-01

107

380.

0165

RS11

-11

151

380.

0165

RS15

-07

195

134

0.05

82RS

19-0

323

954

0.02

33RS

23-0

328

376

0.03

30RS

8-02

108

380.

0165

RS11

-12

152

380.

0165

RS15

-08

196

760.

0330

RS19

-04

240

760.

0330

RS23

-04

284

800.

0347

RS8-

0310

976

0.03

30RS

12-0

115

338

0.01

65RS

15-0

919

776

0.03

30RS

19-0

524

176

0.03

30RS

23-0

528

513

40.

0582

RS8-

0411

013

40.

0582

RS12

-02

154

600.

0260

RS15

-10

198

760.

0330

RS19

-06

242

134

0.05

82RS

23-0

628

613

40.

0582

RS8-

0511

113

40.

0582

RS12

-03

155

540.

0233

RS15

-11

199

380.

0165

RS19

-07

243

134

0.05

82RS

23-0

728

780

0.03

47RS

8-06

112

760.

0330

RS12

-04

156

760.

0330

RS15

-12

200

380.

0165

RS19

-08

244

760.

0330

RS23

-08

288

760.

0330

RS8-

0711

376

0.03

30RS

12-0

515

776

0.03

30RS

16-0

120

138

0.01

65RS

19-0

924

576

0.03

30RS

23-0

928

976

0.03

30RS

8-08

114

760.

0330

RS12

-06

158

134

0.05

82RS

16-0

220

260

0.02

60RS

19-1

024

676

0.03

30RS

23-1

029

076

0.03

30RS

8-09

115

380.

0165

RS12

-07

159

134

0.05

82RS

16-0

320

354

0.02

33RS

19-1

124

738

0.01

65RS

24-0

129

176

0.03

30RS

8-10

116

380.

0165

RS12

-08

160

760.

0330

RS16

-04

204

760.

0330

RS19

-12

248

380.

0165

RS24

-02

292

760.

0330

RS9-

0111

738

0.01

65RS

12-0

916

176

0.03

30RS

16-0

520

576

0.03

30RS

20-0

124

938

0.01

65RS

24-0

329

376

0.03

30RS

9-02

118

600.

0260

RS12

-10

162

760.

0330

RS16

-06

206

134

0.05

82RS

20-0

225

060

0.02

60RS

24-0

429

480

0.03

47RS

9-03

119

540.

0233

RS12

-11

163

380.

0165

RS16

-07

207

134

0.05

82RS

20-0

325

154

0.02

33RS

24-0

529

613

40.

0582

RS9-

0412

076

0.03

30RS

12-1

216

438

0.01

65RS

16-0

820

876

0.03

30RS

20-0

425

276

0.03

30RS

24-0

629

613

40.

0582

RS9-

0512

176

0.03

30RS

13-0

116

538

0.01

65RS

16-0

920

976

0.03

30RS

20-0

525

376

0.03

30RS

24-0

729

780

0.03

47RS

9-06

122

134

0.05

82RS

13-0

216

660

0.02

60RS

16-1

021

076

0.03

30RS

20-0

625

413

40.

0582

RS24

-08

298

760.

0330

RS9-

0712

313

40.

0582

RS13

-03

167

540.

0233

RS16

-11

211

380.

0165

RS20

-07

255

134

0.05

82RS

24-0

929

976

0.03

30RS

9-08

124

760.

0330

RS13

-04

168

760.

0330

RS16

-12

212

380.

0165

RS20

-08

256

760.

0330

RS24

-10

300

760.

0330

RS9-

0912

576

0.03

30RS

13-0

516

976

0.03

30RS

17-0

121

338

0.01

65RS

20-0

925

776

0.03

30RS

25-0

130

111

50.

0499

RS9-

1012

676

0.03

30RS

13-0

617

013

40.

0582

RS17

-02

214

600.

0260

RS20

-10

258

760.

0330

RS25

-02

302

138

0.05

99RS

9-11

127

380.

0165

RS13

-07

171

134

0.05

82RS

17-0

321

554

0.02

33RS

20-1

125

938

0.01

65RS

25-0

330

313

40.

0582

RS9-

1212

838

0.01

65RS

13-0

817

276

0.03

30RS

17-0

421

676

0.03

30RS

20-1

226

038

0.01

65RS

25-0

430

413

40.

0582

RS10

-01

129

380.

0165

RS13

-09

173

760.

0330

RS17

-05

217

760.

0330

RS21

-01

261

760.

0330

RS25

-05

305

138

0.05

99RS

10-0

213

060

0.02

60RS

13-1

017

476

0.03

30RS

17-0

621

813

40.

0582

RS21

-02

262

760.

0330

RS25

-06

306

115

0.04

99RS

10-0

313

154

0.02

33RS

13-1

117

538

0.01

65RS

17-0

721

913

40.

0582

RS21

-03

263

760.

0330

RS26

-01

307

115

0.04

99RS

10-0

413

276

0.03

30RS

13-1

217

638

0.01

65RS

17-0

822

076

0.03

30RS

21-0

426

480

0.03

47RS

26-0

230

813

80.

0599

RS10

-05

133

760.

0330

RS14

-01

177

380.

0165

RS17

-09

221

760.

0330

RS21

-05

265

134

0.05

82RS

26-0

330

913

40.

0582

RS10

-06

134

134

0.05

82RS

14-0

217

860

0.02

60RS

17-1

022

276

0.03

30RS

21-0

626

613

40.

0582

RS26

-04

310

134

0.05

82RS

10-0

713

513

40.

0582

RS14

-03

179

540.

0233

RS17

-11

223

380.

0165

RS21

-07

267

800.

0347

RS26

-05

311

138

0.05

99RS

10-0

813

676

0.03

30RS

14-0

418

076

0.03

30RS

17-1

222

438

0.01

65RS

21-0

826

876

0.03

30RS

26-0

631

211

50.

0499

RS10

-09

137

760.

0330

RS14

-05

181

760.

0330

RS18

-01

225

380.

0165

RS21

-09

269

760.

0330

RS27

-01

313

115

0.04

99RS

10-1

013

876

0.03

30RS

14-0

618

213

40.

0582

RS18

-02

226

600.

0260

RS21

-10

270

760.

0330

RS27

-02

314

138

0.05

99RS

10-1

113

938

0.01

65RS

14-0

718

313

40.

0582

RS18

-03

227

540.

0233

RS22

-01

271

760.

0330

RS27

-03

315

134

0.05

82RS

10-1

214

038

0.01

65RS

14-0

818

476

0.03

30RS

18-0

422

876

0.03

30RS

22-0

227

276

0.03

30RS

27-0

431

613

40.

0582

RS11

-01

141

380.

0165

RS14

-09

185

760.

0330

RS18

-05

229

760.

0330

RS22

-03

273

760.

0330

RS27

-05

317

138

0.05

99RS

11-0

214

260

0.02

60RS

14-1

018

676

0.03

30RS

18-0

623

013

40.

0582

RS22

-04

274

800.

0347

RS27

-06

318

115

0.04

99RS

11-0

314

354

0.02

33RS

14-1

118

738

0.01

65RS

18-0

723

113

40.

0582

RS22

-05

275

134

0.05

82RS

28-0

131

934

40.

1493

RS28

-02

320

344

0.14

93To

tal

1839

2m2

7.98

35

Oce

ans R

esid

entia

l - S

outh

Tow

er -

Part

icipa

tion

Quo

taTo

tal A

rea

= 18

392

m2

- Tot

al P

artic

ipat

ion

Quo

ta =

7.9

835

Prin

ted

at 0

1:04

PM

2016

-03-

10

P

age

1 of

3

5

800

Ocea

ns P

Q -

2016

03

08.x

lsx

ANNE

XURE

“E”

SAMPLE

Uni

t No.

Sect

. N

o.Ar

ea m

2Pa

rtici

patio

n Q

uota

%U

nit N

o.Se

ct.

No.

Area

m2

Parti

cipa

tion

Quo

ta %

Uni

t No.

Sect

. N

o.Ar

ea m

2Pa

rtici

patio

n Q

uota

%U

nit N

o.Se

ct.

No.

Area

m2

Parti

cipa

tion

Quo

ta %

Uni

t No.

Sect

. N

o.Ar

ea m

2Pa

rtici

patio

n Q

uota

%RN

7-01

1000

380.

0165

RN11

-03

1045

760.

0330

RN14

-12

1090

380.

0165

RN18

-09

1135

760.

0330

RN22

-08

1180

760.

0330

RN7-

0210

0176

0.03

30RN

11-0

410

4676

0.03

30RN

15-0

110

9138

0.01

65RN

18-1

011

3654

0.02

33RN

22-0

911

8176

0.03

30RN

7-03

1002

760.

0330

RN11

-05

1047

760.

0330

RN15

-02

1092

380.

0165

RN18

-11

1137

600.

0260

RN22

-10

1182

760.

0330

RN7-

0410

0376

0.03

30RN

11-0

610

4813

40.

0582

RN15

-03

1093

760.

0330

RN18

-12

1138

380.

0165

RN23

-01

1183

760.

0330

RN7-

0510

0413

40.

0582

RN11

-07

1049

134

0.05

82RN

15-0

410

9476

0.03

30RN

19-0

111

3938

0.01

65RN

23-0

211

8476

0.03

30RN

7-06

1005

134

0.05

82RN

11-0

810

5076

0.03

30RN

15-0

510

9576

0.03

30RN

19-0

211

4038

0.01

65RN

23-0

311

8576

0.03

30RN

7-07

1006

760.

0330

RN11

-09

1051

760.

0330

RN15

-06

1096

134

0.05

82RN

19-0

311

4176

0.03

30RN

23-0

411

8680

0.03

47RN

7-08

1007

380.

0165

RN11

-10

1052

540.

0233

RN15

-07

1097

134

0.05

82RN

19-0

411

4276

0.03

30RN

23-0

511

8713

40.

0582

RN8-

0110

0838

0.01

65RN

11-1

110

5360

0.02

60RN

15-0

810

9876

0.03

30RN

19-0

511

4376

0.03

30RN

23-0

611

8813

40.

0582

RN8-

0210

0938

0.01

65RN

11-1

210

5438

0.01

65RN

15-0

910

9976

0.03

30RN

19-0

611

4413

40.

0582

RN23

-07

1189

800.

0347

RN8-

0310

1076

0.03

30RN

12-0

110

5538

0.01

65RN

15-1

011

0054

0.02

33RN

19-0

711

4513

40.

0582

RN23

-08

1190

760.

0330

RN8-

0410

1176

0.03

30RN

12-0

210

5638

0.01

65RN

15-1

111

0160

0.02

60RN

19-0

811

4676

0.03

30RN

23-0

911

9176

0.03

30RN

8-05

1012

760.

0330

RN12

-03

1057

760.

0330

RN15

-12

1102

380.

0165

RN19

-09

1147

760.

0330

RN23

-10

1192

760.

0330

RN8-

0610

1313

40.

0582

RN12

-04

1058

760.

0330

RN16

-01

1103

380.

0165

RN19

-10

1148

540.

0233

RN24

-01

1193

760.

0330

RN8-

0710

1413

40.

0582

RN12

-05

1059

760.

0330

RN16

-02

1104

380.

0165

RN19

-11

1149

600.

0260

RN24

-02

1194

760.

0330

RN8-

0810

1576

0.03

30RN

12-0

610

6013

40.

0582

RN16

-03

1105

760.

0330

RN19

-12

1150

380.

0165

RN24

-03

1195

760.

0330

RN8-

0910

1638

0.01

65RN

12-0

710

6113

40.

0582

RN16

-04

1106

760.

0330

RN20

-01

1151

380.

0165

RN24

-04

1196

800.

0347

RN8-

1010

1738

0.01

65RN

12-0

810

6276

0.03

30RN

16-0

511

0776

0.03

30RN

20-0

211

5238

0.01

65RN

24-0

511

9713

40.

0582

RN8-

1110

1838

0.01

65RN

12-0

910

6376

0.03

30RN

16-0

611

0813

40.

0582

RN20

-03

1153

760.

0330

RN24

-06

1198

134

0.05

82RN

9-01

1019

380.

0165

RN12

-10

1064

540.

0233

RN16

-07

1109

134

0.05

82RN

20-0

411

5476

0.03

30RN

24-0

711

9980

0.03

47RN

9-02

1020

380.

0165

RN12

-11

1065

600.

0260

RN16

-08

1110

760.

0330

RN20

-05

1155

760.

0330

RN24

-08

1200

760.

0330

RN9-

0310

2176

0.03

30RN

12-1

210

6638

0.01

65RN

16-0

911

1176

0.03

30RN

20-0

611

5613

40.

0582

RN24

-09

1201

760.

0330

RN9-

0410

2276

0.03

30RN

13-0

110

6738

0.01

65RN

16-1

011

1254

0.02

33RN

20-0

711

5713

40.

0582

RN24

-10

1202

760.

0330

RN9-

0510

2376

0.03

30RN

13-0

210

6838

0.01

65RN

16-1

111

1360

0.02

60RN

20-0

811

5876

0.03

30RN

25-0

112

0311

50.

0499

RN9-

0610

2413

40.

0582

RN13

-03

1069

760.

0330

RN16

-12

1114

380.

0165

RN20

-09

1159

760.

0330

RN25

-02

1204

138

0.05

99RN

9-07

1025

134

0.05

82RN

13-0

410

7076

0.03

30RN

17-0

111

1538

0.01

65RN

20-1

011

6054

0.02

33RN

25-0

312

0513

40.

0582

RN9-

0810

2676

0.03

30RN

13-0

510

7176

0.03

30RN

17-0

211

1638

0.01

65RN

20-1

111

6160

0.02

60RN

25-0

412

0613

40.

0582

RN9-

0910

2776

0.03

30RN

13-0

610

7213

40.

0582

RN17

-03

1117

760.

0330

RN20

-12

1162

380.

0165

RN25

-05

1207

138

0.05

99RN

9-10

1028

540.

0233

RN13

-07

1073

134

0.05

82RN

17-0

411

1876

0.03

30RN

21-0

111

6376

0.03

30RN

25-0

612

0811

50.

0499

RN9-

1110

2960

0.02

60RN

13-0

810

7476

0.03

30RN

17-0

511

1976

0.03

30RN

21-0

211

6476

0.03

30RN

26-0

112

0911

50.

0499

RN9-

1210

3038

0.01

65RN

13-0

910

7576

0.03

30RN

17-0

611

2013

40.

0582

RN21

-03

1165

760.

0330

RN26

-02

1210

138

0.05

99RN

10-0

110

3138

0.01

65RN

13-1

010

7654

0.02

33RN

17-0

711

2113

40.

0582

RN21

-04

1166

800.

0347

RN26

-03

1211

134

0.05

82RN

10-0

210

3238

0.01

65RN

13-1

110

7760

0.02

60RN

17-0

811

2276

0.03

30RN

21-0

511

6713

40.

0582

RN26

-04

1212

134

0.05

82RN

10-0

310

3376

0.03

30RN

13-1

210

7838

0.01

65RN

17-0

911

2376

0.03

30RN

21-0

611

6813

40.

0582

RN26

-05

1213

138

0.05

99RN

10-0

410

3476

0.03

30RN

14-0

110

7938

0.01

65RN

17-1

011

2454

0.02

33RN

21-0

711

6980

0.03

47RN

26-0

612

1411

50.

0499

RN10

-05

1035

760.

0330

RN14

-02

1080

380.

0165

RN17

-11

1125

600.

0260

RN21

-08

1170

760.

0330

RN27

-01

1215

115

0.04

99RN

10-0

610

3613

40.

0582

RN14

-03

1081

760.

0330

RN17

-12

1126

380.

0165

RN21

-09

1171

760.

0330

RN27

-02

1216

138

0.05

99RN

10-0

710

3713

40.

0582

RN14

-04

1082

760.

0330

RN18

-01

1127

380.

0165

RN21

-10

1172

760.

0330

RN27

-03

1217

134

0.05

82RN

10-0

810

3876

0.03

30RN

14-0

510

8376

0.03

30RN

18-0

211

2838

0.01

65RN

22-0

111

7376

0.03

30RN

27-0

412

1813

40.

0582

RN10

-09

1039

760.

0330

RN14

-06

1084

134

0.05

82RN

18-0

311

2976

0.03

30RN

22-0

211

7476

0.03

30RN

27-0

512

1913

80.

0599

RN10

-10

1040

540.

0233

RN14

-07

1085

134

0.05

82RN

18-0

411

3076

0.03

30RN

22-0

311

7576

0.03

30RN

27-0

612

2011

50.

0499

RN10

-11

1041

600.

0260

RN14

-08

1086

760.

0330

RN18

-05

1131

760.

0330

RN22

-04

1176

800.

0347

RN28

-01

1221

344

0.14

93RN

10-1

210

4238

0.01

65RN

14-0

910

8776

0.03

30RN

18-0

611

3213

40.

0582

RN22

-05

1177

134

0.05

82RN

28-0

212

2234

40.

1493

RN11

-01

1043

380.

0165

RN14

-10

1088

540.

0233

RN18

-07

1133

134

0.05

82RN

22-0

611

7813

40.

0582

RN11

-02

1044

380.

0165

RN14

-11

1089

600.

0260

RN18

-08

1134

760.

0330

RN22

-07

1179

800.

0347

Tota

l18

468m

28.

0165

Oce

ans R

esid

entia

l - N

orth

Tow

er -

Parti

cipa

tion

Quo

taTo

tal A

rea

= 18

468

m2

- Tot

al P

artic

ipati

on Q

uota

= 8

.016

5

Prin

ted

at 0

1:04

PM

2016

-03-

10

P

age

2 of

3

5

800

Oce

ans P

Q -

2016

03

08.x

lsx

SAMPLE

Sect. No. Area m2 Participation Quota %1 107 554 75.00002 5923 0.00253 228 0.00254 4571 0.0025

Total 118 276 75.0075

Sect. No. Area m2 Participation Quota %100 - 320 18 392 7.98351000 - 1222 18 468 8.0165

Total 36 860 16.0000

Sect. No. Area m2 Participation Quota %2 000 17 000 8.9925

Total 17 000 8.9925

Area m2118 27636 86017 000172136

Component Participation Quota %75.007516.00008.9925

100.0000Total

Post OfficeShowroom

Oceans At Umhlanga - Participation Quota - Summary

Residential Component

UseApartments - South TowerApartments - North Tower

Retail Component

UseRetail

Residential ComponentHotel Component

Public Transport

Retail Component

Hotel

Hotel Component

Use

Printed at 02:19 PM2016-03-10

5800 Oceans PQ - 2016 03 08.xlsxPage 3 of 3

Note

SAMPLE

ANNEXURE “F”

AIMS AND OBJECTIVES OF THE OCEANS RESIDENCE MANAGEMENT ASSOCIATION (RF) NPC

1. To promote the maintenance and upkeep of all sections within OCEANS RESIDENCE and to ensure that all such sections are maintained in such a way as to derive benefit therefrom for all owners within the OCEANS RESIDENCE.

2. To ensure that the external appearance of all sections and all signage external to sections within the OCEANS RESIDENCE are in accordance with the high standards and ambience the owners wish to maintain for the OCEANS RESIDENCE.

3. To promote, advance and protect the interest of members generally and to co-operate with the BODY CORPORATE and the local authority and all other appropriate authorities for the benefit of the ASSOCIATION and its members.

4. To represent the interest of members generally and to provide a united voice by which such interests may be expressed. In no way detracting from the generality of the aforesaid, it is specifically recorded that the ASSOCIATION shall represent its members at meetings of the BODY CORPORATE and shall exercise such members’ vote jointly at such meetings in such manner, as the ASSOCIATION deems in the best interest of the OCEANS RESIDENCE as a whole.

5. To collect levies and other contributions towards funds of the ASSOCIATION for the attainment of the objectives of the ASSOCIATION or any one of them.

6. To maintain common areas within the OCEANS RESIDENCE, which the ASSOCIATION may own or may otherwise be responsible for, and to make and enforce regulations governing the use thereof by the Members.

7. To provide additional security for the OCEANS RESIDENCE as the Members may require.

8. To regulate the conduct of any person within the OCEANS RESIDENCE and to prevent any nuisance of any nature to any member.

9. To impose fines and other penalties upon members disobeying the Memorandum of Incorporation or the Rules made in terms thereof.

10. During the Development Period (which shall be defined in the ASSOCIATION’S Memorandum of Incorporation as the period from the date of incorporation of the ASSOCIATION until such time as the SELLER no longer owns a unit in the SCHEME or the right to extend the SCHEME in terms of Section 25 of the ACT):

10.1 the SELLER shall have the right to appoint the majority of directors to the Board of Directors of the ASSOCIATION

10.2 for purposes of voting on any proposed resolution at a meeting of Members of the ASSOCIATION, the SELLER shall be deemed to have the higher of the actual number of votes vested in the SELLER and the number of votes as are held, in aggregate by all other Members present in proxy or by person at such meeting and

10.3 the Board of Directors of the ASSOCIATION shall be entitled to appoint a management company to manage some or all the affairs of the ASSOCIATION (in which, it is recorded, the SELLER may have a financial interest).

SAMPLE

ANNEXURE “G”

INDIVIDUAL

Documents required for FICA: 1. Identity Document (CERTIFIED COPY); 2. Income Tax Number; 3. Proof of address which reflects the individual’s name and physical residential

address (not a postal address):

• Rates and taxes or utilities (e.g. water, electricity account) (less than 3 months old); or

• Telkom account (less than 3 months old); or • Bank statement (less than 3 months old); or • Levy Statement

[NOTE: If the individual resides with their spouse and only has proof of address in the name of their spouse then we require the spouse’s documents as well as the marriage documents for the purposes of FICA. See below.]

Documents required for purposes of the transaction:

1. Marital status:

• If unmarried, please advise;

• If married in community of property – marriage certificate and spouse’s Identity Document;

• If married out of community of property – marriage certificate, ANC and

spouse’s Identity Document.

SAMPLE

CLOSE CORPORATION 1. CK1 – Founding Statement and Certificate of Incorporation (CERTIFIED COPY); 2. CK2 – Amended Founding Statement (CERTIFIED COPY); 3. Proof of Vat Registration Number (CERTIFIED COPY); 4. Proof of Tax Reference Number; 5. Proof of address* which reflects the Close Corporation’s name and physical

business address of the Close Corporation (not a postal address); 6. MEMBERS (we require all of this for ALL of the Members) : 6.1 Identity Document (CERTIFIED COPY); 6.2 Income Tax Number; 6.3 Proof of address* which reflects the Member’s name and physical residential

address (not a postal address). *NOTE – PROOF OF ADDRESS: Any one of the undermentioned documents provided that they specify the physical address (not a postal address):

• Rates and taxes or utilities (e.g. water, electricity account) (less than 3 months old); or

• Telkom account (less than 3 months old); or • Bank statement (less than 3 months old); or • Levy statement (less than 3 months old).

SAMPLE

SOUTH AFRICAN COMPANY

Documents required for FICA: 1. CM1 – Certificate of Incorporation (CERTIFIED COPY); 2. CM22 – Notice of Registered Office (CERTIFIED COPY); 3. Proof of Vat Registration Number (CERTIFIED COPY); 4. Proof of Tax Reference Number; 5. Proof of address* which reflects the Company name and physical business

address of the Company (not a postal address); 6. DIRECTORS (we require all of this for ALL of the Directors) : 6.1 Identity Document (CERTIFIED COPY); 6.2 Income Tax Number; 6.3 Proof of address* which reflects the Director’s name and physical residential

address (not a postal address). Documents required for purposes of the transaction: 1. CM2 – Memorandum of Association (CERTIFIED COPY); 2. CM46 – Certificate to commence business (CERTIFIED COPY); *NOTE – PROOF OF ADDRESS: Any one of the undermentioned documents provided that they specify the physical address (not a postal address):

• Rates and taxes or utilities (e.g. water, electricity account) (less than 3 months old); or

• Telkom account (less than 3 months old); or • Bank statement (less than 3 months old); or • Levy statement (less than 3 months old).

SAMPLE

TRUST

1. Trust Deed (CERTIFIED COPY); 2. Letters of Authority (CERTIFIED COPY); 3. Proof of Tax Reference Number / VAT Registration Number, if applicable; 4. FOUNDER 4.1 Identity Document (CERTIFIED COPY); 4.2 Income tax number; 4.3 Proof of address* in the name of the Founder showing the Founder’s residential

address (not a postal address); 5. TRUSTEE (If more than one, please provide for each Trustee) 5.1 Identity Document (CERTIFIED COPY); 5.2 Income tax number; 5.3 Proof of address* in the name of the Trustee showing the Trustee’s residential

address (not a postal address); 6. BENEFICIARY (If more than one, please provide for each Beneficiary) 6.1 Identity Document (CERTIFIED COPY); 6.2 Income Tax Number; 6.3 Proof of address* in the name of the Beneficiary showing the Beneficiary’s

residential address (not a postal address). *NOTE – PROOF OF ADDRESS: Any one of the undermentioned documents provided that they specify the physical address (not a postal address):

• Rates and taxes or utilities (e.g. water, electricity account) (less than 3 months old); or

• Telkom account (less than 3 months old); or • Bank statement (less than 3 months old); or • Levy statement (less than 3 months old).

SAMPLE

ANNEXURE “H”

OCEANS RESIDENCE MANAGEMENT ASSOCIATION (RF) NPC

MEMBERSHIP APPLICATION FORM

I, the undersigned, the PURCHASER (as defined in the CONTRACT OF SALE to which this document is Annexure “H”),

hereby acknowledges that by virtue of my purchase of the PROPERTY (as more fully defined in the CONTRACT OF SALE to which this document is Annexure “H”), I am obliged to become and remain a member of the Oceans Residence Management Association (RF) NPC (a non-profit

company to be incorporated by the SELLER in terms of the Company’s Act 71 of 2008) [hereinafter referred to as “the

Association”], within the meaning of and subject to the conditions set out in the Association’s Memorandum of Incorporation,

for the duration of my ownership of the Property.

I hereby make application to become a member of the Association and undertake that I, and all persons deriving use of the

Property or any part thereof, will from the date that I take possession of the Property, duly comply with all the obligations

imposed upon members under the Association’s Memorandum of Incorporation.

I further undertake to sign all documentation and do all such other things as may be required by the Association in respect of

my aforesaid membership application.

In no way detracting from the generality of the aforesaid, I acknowledge and agree to the undermentioned specific provisions,

namely:

1. I shall be obliged to make payment of a monthly levy to the Association, as determined by the Association’s

Board of Directors.

2. I shall not be entitled to resign my membership of the Association while the owner of the Property.

3. The directors of the Association shall have the power to make rules from time to time, as well as the power to

substitute, add to or repeal same, for the management, control, administration, use and enjoyment of Oceans

Residence, (as defined in the Association’s Memorandum of Incorporation) for the purposes of giving effect to

the provisions of the Memorandum of Incorporation or for any other purposes, which powers shall include the

right to impose reasonable financial penalties to be paid by members who fail to comply with the provisions of

the Memorandum of Incorporation or rules. In no way detracting from the generality of the aforesaid, the

directors may make rules from time to time, applicable within Oceans Residence, specifically with regard to –

3.1 the storing of flammable and other harmful substances;

3.2 the conduct of any persons within Oceans Residence and the prevention of nuisance of any nature to any owner

of a section in Oceans Residence;

3.3 the use of sections within Oceans Residence;

3.4 the imposition of fines and other penalties to be paid by members of the Association;

3.5 the management, administration and control of the common areas within Oceans Residence (including, but in no

way limited to, corridors, stairwells, ramps, driveways, unallocated parking bays and extraction systems);

3.6 the use by owners and their tenants of sections within Oceans Residence and the upkeep, aesthetics and

maintenance of such sections (and in particular, but in no way detracting from the generality of the aforesaid, the

upkeep of the exterior of sections within Oceans Residence);

3.7 noise levels emanating from any section within Oceans Residence (including, but in no way limited to, a

SAMPLE

prohibition on playing loud music)

3.8 the external appearance of all sections, and the erection of any awning or the like on the exterior of any section

(subject to the rules of the Body Corporate of the Scheme),

3.9 security and

3.10 generally in regard to any other matter which the directors of the Association from time to time considers

appropriate,

and I undertake and, shall be obliged, to abide by such rules and shall ensure that all tenants, nominees, invitees

or other persons who occupy the Property and/or who go upon Oceans Residence by virtue of my rights thereto,

do likewise. I undertake to bring the aforesaid rules to the attention of any tenant prior to such tenant taking

possession of the Property or any portion thereof.

4. I understand that I will be obliged to accept transfer of the Property subject, inter alia, to a condition registered

against the title deeds to the Property to the effect that the Property or any portion thereof or interest therein

shall not be alienated, leased or transferred without the prior written consent of the Association first being had

and obtained.

5. I shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of

such sale or other transfer that –

5.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to

withhold in the event of any monies being due and owing to the Association by myself or I being in breach of the

Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and

failing to remedy such breach);

5.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a

member of the Association;

6. I understand and agree that I will not be entitled to change the current use of the Property without, inter alia,

the prior written consent of the Association being had and obtained.

7. I confirm I am aware of the fact that the Association, at the date of signature of this application, may not be

formed, and my application to join the Association, in terms of this document, shall be irrevocable (and capable

of being accepted by the Association once formed) for a period of 48 months from the date of signature hereof,

by myself.

I confirm my contact details are as per the first page of the CONTRACT OF SALE to which this document is Annexure “H” and I

nominate my undermentioned physical address as my domicilium citandi et executandi for all purposes (including, but in no

way limited to, the service of any notice that the Association may wish to serve upon me in terms of the Association’s

Memorandum of Incorporation or any court process that the Association may be required to serve upon me in the event of the

Association instituting any legal action against me). Further, I hereby agree to and authorize the Association to forward me

any notices and financial statements of account electronically, to the undermentioned email address, should the Association so

elect.

Dated at Durban on this 3rd day of April 2016

_____________________________

SAMPLE

MANDATE BY CLIENT TO DEPOSIT FUNDS IN TERMS OF SECTION 78 (2A) OF THE ATTORNEYS ACT 53 OF 1979 (“THE ACT”)

1. FULL NAMES OF INVESTOR : _______________________________________________________________

2. IDENTITY No. / REGISTRATION No : _________________________________________________________

3. MASTER’S REFERENCE No : ________________________________________________________________

4. INCOME TAX REFERENCE No : ______________________________________________________________

5. VAT REGISTRATION No : __________________________________________________________________

6. FICA NUMBER : __________________________ CLIENT NUMBER : _______________________________

7. ADDRESSES:

Home (Street) __________________________________________________________________________

_______________________________________________________________(Code) _________________

Home (Postal) __________________________________________________________________________

_______________________________________________________________(Code) _________________

Business (Name) ________________________________________________________________________

Business (Street) ________________________________________________________________________

_______________________________________________________________(Code) _________________

Business (Postal) ________________________________________________________________________

_______________________________________________________________(Code) _________________

8. CONTACT NUMBERS

Home : _________________________________________ Business : ______________________________

Cellular : ________________________________________Facsimile : ______________________________

E-mail : ________________________________________________________________________________

ANNEXURE “I”

SAMPLE

I hereby authorize and empower Garlicke & Bousfield Inc. to deposit funds in terms of Section 78(2A) of the Act on my behalf:

9. ACKNOWLEDGEMENT I acknowledge that this investment is not protected by the Attorney’s Fidelity Fund against theft unless the investment is on a temporary or interim basis pending the conclusion of a particular transaction. I further acknowledge that Garlicke & Bousfield Inc. has not furnished me with any recommendation, guidance or proposal of a financial nature in respect of such investment. Garlicke & Bousfield shall be entitled to an administration fee.

10. ELECTRONIC TRANSMISSION – WAIVER AND INDEMNITY

I hereby authorize Garlicke & Bousfield Inc. to act on my behalf on instructions transmitted by me to it by facsimile or by means of an email message (both of which are referred to herein as “electronic transmission”). I acknowledge that Garlicke & Bousfield Inc. cannot determine the authenticity of any message received by way of electronic transmission nor establish the source from which it emanates. I agree to be bound by the terms of the instruction received by Garlicke & Bousfield Inc. by way of electronic transmission notwithstanding that such instruction differs in form from that sent by me, I hereby waive any claim or any other rights which I may have against Garlicke & Bousfield Inc. arising out of any losses I may suffer consequent upon Garlicke & Bousfield Inc. acting upon any electronic transmission purporting to emanate from me or by reason of its failure to act upon any electronic transmission if it is not satisfied that such electronic transmission does not emanate from me. I hereby indemnify Garlicke & Bousfield Inc. and hold it harmless in respect of any claims made against it arising from its acting upon such electronic transmission or failing to act upon such electronic transmission as aforesaid.

11. RESPONSIBLE DIRECTOR AT GARLICKE & BOUSFIELD INC. :

ALETTA DE LANGE

12. PURPOSES FOR WHICH FUNDS ARE HELD PURCHASE OF A UNIT AT “OCEANS UMHLANGA”

Signed at _______________________________ on this ________ day of ________________________ 2016

___________________________ ______________________ ______________________________ CLIENT – SIGNATURE NAME OF SIGNATORY CAPACITY (who warrants that he/she is duly authorised) Accepted at LA LUCIA on this _______________ day of _______________________________________ 2016

________________________________________ ON BEHALF OF GARLICKE & BOUSFIELD INC.

SAMPLE

SECTIONAL PLAN NO. S.G. NO. D

NAME OF BUILDING: OCEANS UMHLANGA

Certificate by Conveyancer in terms of Section 11(3)(e) of the Sectional Titles Act, No. 95 of 1986

I, the undersigned, GRAEME FURZE PHILLIPS, Conveyancer, do hereby certify that:

1. The rules prescribed in terms of Section 35(2) of the said Sectional Titles Act

No. 95 of 1986 are applicable to this Development, save as amended herein.

2. The following additional management rules have been imposed by the

Developer:

DEFINITIONS AND INTERPRETATION

For the purposes of the rules, unless the context indicates to the contrary:

1. (i) “Act” means the Sectional Titles Act No.95 of 1986 (as amended);

(j) “Residence Association” means the Oceans Residence Management

Association (RF) NPC, a non-profit company incorporated by the

Developer, in terms of the Companies Act No. 71 of 2008, to

administer the Oceans Residence, on behalf of Owners of sections in

Oceans Residence.

(k) “Body Corporate” means the Body Corporate of the Scheme;

(l) “Common Property” means the common property of the Scheme;

(m) “Developer” means Oceans Umhlanga (Pty) Ltd, Registration Number

2011/011731/07.

(n) “Development Period” means the period from the date of the opening of

the sectional title register of the Scheme until such time as the

Developer no longer owns a unit in the Scheme or the right to extend

the Scheme by the erection of a unit as contemplated in Section 25 of

SAMPLE

2

the Act;

(o) “Hotel Association” means the Oceans Hotel Management Association

(RF) NPC, a non-profit company to be incorporated by the Developer,

in terms of the Companies Act 71 of 2008, to administer the Oceans

Hotel, on behalf of Owners of sections in the Oceans Hotel;

(p) “Ocean Hotel” means the tower block consisting of the sections to be

utilised for the purposes of a hotel and residential penthouses (although

the Developer reserves the right to develop the entire tower block for

the purposes of residential apartments), which forms part of the

Scheme, as shown on the Plan;

(q) “Ocean Mall” means the section consisting of, inter alia, of the

Shopping Centre, Telkom Room and Post Office, which forms part of

the Scheme, as shown on the Plan;

(r) “Ocean Residence” means the two tower blocks, namely Oceans

Residence South, comprising of approximately 206 residential sections,

and Oceans Residence North, comprising of approximately 204

residential sections, which forms Part of the Scheme, as shown on the

Plan;

(s) “Owner” means the owner of a section in the Scheme, save that the

word “owner” shall in the Conduct Rules, shall also include a tenant or

other occupier of a section, where applicable;

(t) “Components” means the three components of the Scheme, namely:

(i) Ocean Mall;

(ii) Oceans Residence

(iii) Oceans Hotel

and “Component” shall refer to any one of them

(u) “Plan” means the plan attached hereto marked Annexure “A” showing

the various Components of the Scheme;

SAMPLE

3

(v) “Rules” mean the rules of the Body Corporate.

(w) “Scheme” means Oceans Umhlanga sectional title scheme which is

laid out on proposed Portion 15 of Erf 379 Umhlanga Rocks;

(x) “Trustees” means the trustees from time to time, of the Body

Corporate;

(y) if any of these rules is contrary to the Act or unenforceable for any

other reason whatsoever, such rule shall be deemed to be separate

and severable from the rest of the rules, without any way affecting the

validity of the remaining rules.

(z) words denoting a particular gender shall be deemed to include the

other genders and words denoting the plural shall be deemed to

include the singular, and vice versa;

(aa) reference to a natural person shall include a legal person and/or an

association of persons and vice versa;

(bb) any reference to any statute, legislation or regulations shall be

deemed to include any lawful amendments thereto or re-enactments

thereof;

(cc) where a number of days are prescribed, they shall consist of all days

(i.e. including Saturday, Sunday and Public Holidays) and shall

exclude the first day and include the last day;

(dd) if a number is referred to in numerals and words, the words shall

prevail in the event of any conflict between the two;

(ee) in interpreting these Rules, no provision shall be construed in a

limiting fashion or in accordance with the Eiusdem Generis Rule;

SAMPLE

4

COLLECTION OF LEVIES

73 (a) Any levy in arrears shall bear interest at the rate equal to the prime

overdraft rate charged by the Standard Bank of South Africa Limited,

plus 2 percentage points, calculated from the date that the payment of

such levy became due, to the actual date of payment of such levy (both

days inclusive) Nominal Annual Compounded Monthly (NACM).

(b) Any payment to the Body Corporate may only be made by means of

one of the following into a duly designated account for this purpose:

(a) By stop or debit order;

(b) Electronic Funds Transfer;

(c) A levy and other applicable charges, are payable in advance on or by

the first day of each and every month in which they are raised. Any

amounts not paid by the aforesaid date shall be considered in arrears

and outstanding in terms of these Rules permitting the Body Corporate

to take action against the offending owner as contemplated in these

Rules and attracting interest as provided for in these rules.

DOCUMENTS

74. All documentation and/or correspondence and communications shall be dealt

with in English.

LEVY STRUCTURE

75 As contemplated in Section 32(4) of the Act, the liability of Owners to make

contributions for the purpose of Section 37(1)(a) and 47(1) of the Act shall be

modified as follows, namely:

Where expenses of the Body Corporate are directly attributable to any one

Component, those expenses shall be shared by Owners of Units in that

particular Component in accordance with the participation quota of units in

that Component. It is recorded that the aforesaid expenses shall include, but

SAMPLE

5

necessarily limited to, the following, namely:

1. maintenance, cleaning and painting of the Common Property

2. security costs

3. water and electricity utilised

4. managing agent’s costs

5. pests and hygiene

6. lift(s) used solely by occupiers of a particular Component

The general expenses of the Body Corporate not attributable to any particular

Component (which shall include, but not be limited to, auditing fees, bank

charges and post and petties) shall be shared by all Owners in the Scheme in

accordance with the participation quota of the Scheme.

SIGNAGE

76 No signage may be erected anywhere on the Common Property unless

agreed to in writing by the Trustees and, during the Development Period, the

Developer, save in respect of those portions of the Common Property

covered by the signage exclusive use areas in favour of the Developer.

LEVY STABILISATION FUND

77 (a) In order to minimise the increase in the monthly levy payable by

members to the Body Corporate and in order to avoid the unnecessary

raising of special levies by the Trustees of the Body Corporate to fund

any extraordinary or capital expenditure of the Body Corporate, a Levy

Stabilisation Fund shall be established for the Body Corporate, which

shall be administered by the Trustees.

(b) When taking transfer of a unit in the Scheme, the new Owner shall be

obliged to make a contribution to the aforesaid fund, which amount shall

be determined by the members annually in advance at the Annual

General Meeting (it being recorded that the amount of such Levy

Stabilisation Fund contribution shall be R45 600.00 (Forty Five

Thousand Six Hundred Rand) as at the date of the opening of the

sectional title register of the Scheme and such amount shall not be

SAMPLE

6

increased for a period of 3 (Three) years from the date of such

opening).

SERVICES

78 Any expenses incurred by the Body Corporate in providing services to a

particular unit (for example, air-conditioning, - see also Rule 15 of the Conduct

Rules in this regard), shall be included in the levy charged to the Owner of such

unit (and shall not form part of the general levy payable by members to the

Body Corporate, which is determined in accordance with Management Rule

75).

EXCLUSIVE USE AREAS

79 The pool, pool area and common gardens on level 7, as well as those areas in

the Residential North Tower and Residential South Tower on the 7th and 8th

floors, as shown as such on the Plan, shall be subject to an exclusive use area

in favour the Owners of sections in the Oceans Residence. This exclusive use

area shall be administered by the Residential Association for the benefit of

Owners of sections in the Oceans Residence.

80 The roof level of each of the three towers (namely the roof level of the Oceans

Hotel and the Oceans Residence South and Oceans Residence North), as

shown on the Plan, shall be subject to an exclusive use area in favour of the

Owner of Section 1, entitling the said Owner to erect aerials, satellite dishes

and the like in the area covered by the exclusive use area, subject to the Body

Corporate’s right to install services, service plants, machinery and the like in the

aforesaid area.

81. That portion of the parking area on level 7 as designated on the plan, shall be

subject to a parking exclusive use area in favour of the Owners of the sections

in the Oceans Residence, it being the intention that these parking bays shall be

utilised solely for guests of the occupiers of the sections in the Oceans

Residence. This parking area shall be administered by the Residential

Association for the benefit of the Owners of sections in Oceans Residence.

SAMPLE

7

3. THE FOLLOWING RULES HAVE BEEN SUBSTITUTED FOR THE

CONDUCT RULES PRESCRIBED IN TERMS OF SECTION 35 (2) (b) OF

THE SECTIONAL TITLES ACT NO. 95 OF 1986:

1. PETS

Dogs and Cats

(a) No dogs, cats or any other pets may be kept or brought onto the Scheme

(save that in exceptional circumstances, such as a blind person requiring the

assistance of a guide dog, the Trustees may, in their sole and absolute

discretion, give permission for a dog to be kept, subject to conditions they

may impose).

(b) No visitors may bring any dog, cat or other pet onto the Scheme.

(c) Any contravention of the aforesaid rules shall result in the dog, cat or other pet

in question being removed forthwith from the Scheme.

REFUSE DISPOSAL

2. An Owner shall:-

(a) for the purpose of having the refuse collected, place such receptacle

within an area, at such times and in such a manner as prescribed by

the Trustees, from time to time;

(b) ensure that before refuse is placed in such receptacle it is securely

wrapped, or in the case of tins or other containers, completely

drained;

(c) when the refuse has been collected, promptly return such receptacle

to his section;

(d) No refuse or rubbish shall be left on any portion of the Common

SAMPLE

8

Property or elsewhere, including any section where it is visible by the

public, whether in a receptacle or not, except for collection within the

area and at the times designated by the Trustees from time to time.

VEHICLES

3. (a) Save for vehicles parked in designated registered Exclusive Use

Areas, the Trustees may cause to be removed or towed away, at the

risk and expense of the owner of the vehicle, any vehicle parked,

standing or abandoned on the Common Property without the

Trustees’ consent.

(b) No Owner or occupier shall be permitted to dismantle or effect major

repairs to any vehicle or motorcycle and the like on any portion of the

Common Property.

(c) Owners shall at all times ensure that no oil is allowed to drop onto,

any portion of the Common Property. It is the responsibility of the

Owner to clean up any such oil spills on the Common Property.

(d) No vehicles, other than light motor vehicles and motorcycles may be

kept in a parking bay on the Common Property without the prior

written consent of the Trustees.

(e) Save for vehicles parked in designated registered Exclusive Use

Areas, Owners may park their vehicles only in areas as are

specifically demarcated by the Body Corporate as parking bays.

(f) Vehicles may not travel at speeds in excess of 20 kilometres per hour

on any portion of the Common Property.

(g) Save with the prior written consent of the Trustees, no caravan or

boat shall be parked on the Common Property (including any

exclusive use area). Further, no persons shall, under any

circumstances whatsoever, be entitled to stay overnight in a caravan,

vehicle or the like anywhere on the Common Property (including any

exclusive use areas).

SAMPLE

9

(h) Owners and their employees shall not be entitled to park in the visitors

parking bays on the Common Property without the prior written

consent of the Trustees.

(i) No roller skates, scooters, skateboards or quad bikes shall be used

on the Common Property.

(j) Vehicles shall only be washed in designated areas on the Common

Property. Fire hydrants may not be used for washing vehicles.

DAMAGE, ALTERATIONS OR ADDITIONS TO THE COMMON PROPERTY

4. (a) An Owner shall not mark, paint, drive nails or screws or the like into,

or otherwise damage, or alter, any part of the Common Property

without first obtaining the written consent of the Trustees. In addition,

and in no way detracting from the generality of the aforesaid, an

Owner shall not be entitled to erect or lay cameras, cabling or trunking

on any external wall of a section or any other part of the Common

Property.

(b) Again in no way detracting from the generality of the aforesaid, an

Owner shall not install :

(i) any locking device, safety gate, burglar bars or other safety device for

the protection of his section or

(ii) any screen, shutter or other device to prevent the entry of animals or

insects;

without the prior written consent of the Trustees who shall be entitled

to prescribe the nature and design of the device and the manner of its

installation.

(iii) No exterior accessories, including, but in no way limited to: window

glazing, fences, awnings, external blinds, canopies, satellite dish,

television, aerial, cables and ancillary equipment, bunting, flags or

SAMPLE

10

flagpoles may be installed or erected anywhere on the Common

Property, (including within any exclusive use area), save with the prior

written consent of the Trustees and, where applicable, the local

authority. When granting such approval, the Trustees may prescribe

any reasonable condition(s). The Trustees may withdraw such

approval in the event of any breach of the conditions prescribed when

granting such approvals.

(iv) Any aforesaid approved installation shall be repaired and maintained

by the Owner, failing which the Body Corporate shall be entitled to

remedy the Owner’s failure and to recover the reasonable cost of

doing so from such Owner.

(c) An Owner may not enclose his balcony, save with the prior written

approval of Members at a general meeting and then only in

accordance with the guidelines and specifications laid down by the

Trustees, from time to time.

APPEARANCE FROM OUTSIDE

5. The Owner shall not place or do anything on any part of the Common

Property, (including balconies, patios and gardens) which, in the discretion of

the Trustees, is aesthetically displeasing or undesirable when viewed from

the outside of the section. In no way detracting from the generality of the

aforesaid, an Owner shall not install a jacuzzi, shutters, screens or similar

devices on a balcony without the prior written consent of the Trustees, which

consent the Trustees may in their sole and absolute discretion grant or

refuse.

LITTERING

6. An Owner shall not deposit, throw, or permit or allow to be deposited or thrown,

on the Common Property any rubbish, including dirt, cigarette butts, food

SAMPLE

11

scraps or any other litter whatsoever.

LAUNDRY

7. An Owner shall not erect his own washing line nor hang any washing or

laundry or any other items on any part of the Common Property so as to be

visible from the outside of the building or from any other section.

STORAGE OF FLAMMATORY MATERIAL AND OTHER DANGEROUS ACTS

8. An Owner shall not store any material, or do or permit or allow to be done, any

other dangerous act in the building or on the Common Property which will or

may increase the rate of the premium payable by the Body Corporate on any

insurance policy.

LETTING OF UNITS

Oceans Residence and Oceans Hotel

9. (a) Should an Owner wish to lease his section, such lease shall be

entered into on such terms and conditions as may be prescribed by

the Trustees from time to time and such lease shall be subject to such

rules as may be laid down by the Trustees in respect of the leasing of

sections in the scheme. Further, it shall be incumbent upon an Owner

to ensure that a copy of the Rules is given to any prospective tenant

of a section, who must sign an acknowledgement, undertaking in

favour of the Body Corporate to comply with the Rules at all times

while on the Scheme (and in particular, however in no way detracting

from the aforesaid, to be liable for the payment of fines imposed by

the Body Corporate in respect of contraventions of these Rules).

(b) An Owner shall not be entitled to lease his unit in the event of the

owner being in arrears with its levy payments, or any other amounts

due, to the Body Corporate.

(c) An Owner shall not be entitled to let his unit for a period of less than

SAMPLE

12

14 (FOURTEEN) days, save with the prior written request of the

Trustees and, during the Development Period, the Developer first

being had and obtained.

(d) To the extent that the Owner :

(i) of a unit in Ocean Residence, requires the services of a rental

or managing agency to procure a tenant and/or manage the

Section while rented, it shall utilise an agency appointed by the

Residential Association and

(ii) of a unit in the Oceans Hotel, requires the services of a rental

or managing agency to procure a tenant and/or manage the

Section while rented, it shall utilise an agency appointed by the

Hotel Association.

Oceans Mall

(a) Should an Owner wish to lease his section (or a portion thereof), it

shall be incumbent upon the Owner to ensure that a copy of the rules

is given to any prospective tenant, who must sign and acknowledge

and undertake in favour of the Body Corporate to comply with the

rules at all times while on the Scheme (and in particular, however in

no way detracting from the generality of the aforesaid, to be liable for

the payment of fines imposed by the Body Corporate in respect of the

contravention of these rules).

(b) An Owner shall not be entitled to lease his unit or any portion thereof,

in the event of the Owner being in arrears with its levy payments or

any other amounts due to the Body Corporate.

ERADICATION OF PESTS

10. An Owner shall keep his section free of white ants, borer and other wood

destroying insects and to this end shall permit the Trustees, the managing

agent, and their duly authorised agents or employees, to enter upon his

SAMPLE

13

section from time to time for the purpose of inspecting the section and taking

such action as may be reasonably necessary to eradicate any such pests. The

costs of the inspection, eradicating any such pests as may be found within the

section, replacement of any woodwork or other material forming part of such

section which may be damaged by any such pests shall be borne by the owner

of the section concerned.

USE

11. (a) Notwithstanding anything contained herein or elsewhere, an Owner of a

section in the Oceans Residence may only use the said section strictly

for residential purposes and for no other purpose whatsoever.

(b) The maximum number of persons entitled to occupy any section in

Oceans Residence Component shall be calculated by multiplying the

number of bedrooms in such section by two.

(c) An owner shall not do or permit to be done in his section or on the

Common Property anything that will or may increase the insurance

premiums payable by the Body Corporate on any insurance policy, save

with the prior written approval of the Trustees. When granting such

approval, the Trustees may prescribe any specific condition(s). The

Trustees may withdraw such approval in the event of any breach of any

condition prescribed when granting their approval.

(d) An Owner shall not keep, leave, or store any article or do anything on

the Common Property save with the prior written approval of the

Trustees (which approval may at any time, on notice, be revoked).

(e) An Owner shall, at his own expense, maintain the interior of the section

in a good, clean and thoroughly tenantable and attractive condition, and

where necessary repair or refurbish any damaged item and replace any

lost item.

SAMPLE

14

(f) An Owner shall, at its own expense, maintain in a good working order

and condition all electrical, plumbing and sewerage installations and

appurtenances of whatever nature, serving and within the section.

(g) No slaughtering of animals shall be allowed in any section of the

Scheme or on the Common Property.

(h) An Owner shall ensure that no light furniture or other light objects are

left on the balcony, which could possibly be blown off the balcony in

heavy winds.

GAMES

12 No person shall cause or permit the hitting, striking, throwing or bouncing of

balls or other objects against the walls of a section or the Common Property

except in areas specifically designated for such activities and no person shall

play, run or make noise in any part of the Common Property except in areas

specifically designated for such activities.

VISITORS AND TENANTS

13 (a) An Owner is liable for the conduct of visitors to the Scheme and tenants

and other occupants of the section, and must ensure that all Rules

(including, but in no way limited to, security rules and procedures) and

the provisions of the Act are adhered to.

(b) Subject to the Rules, any guest of any Owner shall be entitled to use

the common facilities of the Scheme provided that such Owner

accompanies them at all times.

(c) Owners must supervise any children visiting them so that no damage,

interference or nuisance is caused to other Owners of units in the

Scheme.

SAMPLE

15

ALTERATIONS AND RE-DECORATION

14 (a) Subject to the provisions of the Act, the relevant Bylaws and these

Rules, an Owner shall be entitled to make alterations to the interior of

the Section (including, but in no way limited to, any dry walling or

internal walls within the Section), only with the prior written consent of

the Trustees and in accordance with plans approved of by the Trustees

and the local authority, (if applicable).

(b) Any Owner who intends carrying out any renovations in his section shall

be obliged to make a written application to the Trustees detailing

proposed alterations/renovations accompanied by a sketch or plans of

the work to be done. The Trustees may impose such conditions as they,

in their sole discretion, deem necessary.

(c) Thereafter, such Owner shall then submit the approved plans to the

relevant municipal authority for their written approval where the

municipality’s approval is required in this regard.

(d) After completion of such renovations/alterations the Owner shall be

obliged to furnish the Trustees with a certified copy of all relevant

compliance certificates by the appropriate authority, e.g electrical and

engineer’s certificates and the like.

(e) Prior to commencement of any renovations/alterations such Owner shall

be obliged to lodge with the Trustees a deposit to cover any damages

that may be caused to the Common Property or to cover any other

eventualities, before any of the proposed work may commence in the

section. The amount of the deposit shall be determined by the

Trustees, however shall be reasonable in the circumstances.

(f) Such alterations/renovations shall be carried out as expeditiously as

possible in the circumstances and in a manner so as to cause as little

SAMPLE

16

disruption to other occupiers of the Scheme.

(g) All rubble, and other refuse shall be removed daily, and may not be

dumped or stored on the Common Property or on the pavement of the

Scheme.

(h) the Owner shall be held responsible for any damage to the Common

Property or adjoining sections. As a result of the aforesaid building

operations.

(i) No work shall be carried out between 17H00 and 08H00 on weekdays.

(j) no work shall be carried out on Saturdays, Sundays and Public

Holidays.

(k) all workmen/contractors shall, prior to commencement of any

renovations/repairs/alterations furnish the Trustees with proof that they

are adequately insured against any claims that may arise from any

eventuality whatever caused as a result of any work that will be carried

out in any section or common area of the Scheme.

AIRCONDITIONING

15 (a) An Owner shall not install any air-conditioning unit or extractor fan in

any unit, it being recorded that the air-conditioning service for the entire

Scheme is to be provided and controlled centrally by the Body

Corporate, and each section shall have a meter, recording the use of

such air-conditioning by each Owner.

(b) An Owner shall pay to the Body Corporate (or such other entity

nominated by the Trustees to maintain and operate the air-conditioning

system of the Scheme) the cost of the usage of such air-conditioning in

respect of such Owner’s unit, on a monthly basis.

GENERATORS

16 No generator, or similar device, may be operated anywhere within the

SAMPLE

17

Scheme (whether it be within a section or on the Common Property),

save with the prior written consent of the Trustees.

NOISE

17 (a) Reasonable silence must be maintained between 22H00 and 08H00

every day.

(b) No radios, musical instruments, musical players, televisions or the like,

shall be used in such a manner so as to cause annoyance to other

occupiers of the Scheme.

(c) Power tools may only be used between the hours of 08H00 and 17H00

on weekdays (excluding Public Holidays).

(d) Vehicles hooters may not be used on the Common Property except in an

emergency nor may any sounding car alarm be left unattended by the

Owner thereof, at any time.

(e) Fireworks shall not be lit and discharged in any Section or the Common

Property of the Scheme.

(f) Should any Section or part of the Common Property be utilised as a place

of worship “the call to prayer”, ringing of Church bells or any other

religious pronouncements shall not be made via loudspeaker or other

auditory devices.

ELECTRICITY AND WATER

18 (a) It is recorded that the Body Corporate, or its nominated service provider,

shall supply water, electricity and air-conditioning services to each

section, the consumption of which shall be metered in respect of each

section. An Owner shall pay the deposit(s) in respect of the supply of

such services and shall further ensure that all monthly consumption

accounts, in respect of such services, are paid timeously, as determined

by the Trustees, from time to time.

SAMPLE

18

(b) An Owner shall also be liable for the payment of all other services

provided to the section, including, but in no way limited to, telephones,

television services (including satellite television) and the like.

EMPLOYEES

19 (a) The services of Body Corporate employees if any may not be utilised

by an Owner, either in or outside of working hours, without the prior

permission of the Trustees or manager (if so appointed).

(b) An owner shall not interfere with the Body Corporate's Contractors or

their staff in the course of their duties on the Common Property.

Complaints, suggestions or requests are to be directed to the

Chairman of the Body Corporate in writing.

(c) For security purposes, no worker or domestic help may be employed

by any of the Owners unless prior permission of the Trustees has

been obtained, which may be withdrawn at any time by the Trustees if

due cause is shown. Employees and domestic help are obliged to

wear authentic identification cards while in Sections or on Common

Property.

SWIMMING POOL

20 (a) Children under the age of 14 years, shall at all times be accompanied

by an adult in the swimming pool area.

(b) No liquor, glass bottles or any other glass items shall be allowed in

the swimming pool area.

(c) Only Owners of sections in Oceans Residence shall be entitled to use

the swimming pool. Guests of the aforesaid Owners may use the

swimming pool area when accompanied by such an Owner.

(d) Reasonable silence must be maintained in the swimming pool areas

between the hours of 20H00 and 08H00 every day.

SAMPLE

19

(e) The swimming pool may not be utilised between the hours of 22H00

and 05H00.

EMERGENCY ACCESS

21 Unless an Owner has delivered to the Trustees duplicate keys to its

section for purposes of gaining entry in the event of an emergency,

the Trustees shall be entitled, in an emergency, to obtain forced entry

to the section and shall not be liable for any loss or damage that may

result with such forced entry.

BRAAI

22 Owners shall only be permitted to braai on their balcony’s using gas

appliances approved of by the Trustees and the making of fire on the

balcony or anywhere within the section or on the Common Property is

strictly prohibited.

LIFTS

23 (a) Children under the age of 10 years shall not be entitled to utilise the

lifts unless accompanied by an adult.

(b) Lifts may not be used for the purposes of transporting building

materials and the like in the event of any section being improved or for

the movement of furniture and the like, save with the prior written

consent of the Trustees, who shall be entitled to impose conditions in

respect of its approval, including conditions relating to the use and

protection of the lift, the payment of a fee and the payment of a

deposit by the Owner in question (to cover any damage that may be

caused by such use).

(c) In order to minimise inconvenience to other Owners the use of the lift

for removal of furniture and building materials as aforesaid, shall be

SAMPLE

20

limited to the following times, namely:

Week Days - 08H30 to 12H00

- 14H00 to 16H00

Saturdays - 08H00 to 13h00

(d) The interior of the lifts may be utilised by the Developer for purposes

of advertising, provided that such signage is of a refined nature and in

keeping with the ethos of the Scheme.

SECURITY

24 The Owners shall abide by the regulations and restrictions imposed by the

Trustees in order to ensure the security of the Scheme and in particular,

restrictions put in place in respect of ingress and egress from the Common

Property of the Scheme.

REMOVAL OF FURNITURE

25 (a) Prior to moving in or out of the Scheme such Owner shall apply to the

Trustees and simultaneously lodge a deposit of R1 000.00, or other

such amount as the Trustees may stipulate, from time to time, with

the Trustees to be used towards any consequential damage to the

Common Property and any electricity cost in respect of lifts.

(b) Such deposit shall be refunded to the Owner within a reasonable time

and the Trustees shall deduct from such deposit the costs of repair

any damages (if any) as well as a reasonable administration fee as

may be stipulated by the Trustees, from time to time.

(c) The Trustees shall be entitled to increase the aforesaid deposit

annually.

SMOKING

SAMPLE

21

26 Smoking shall not be permitted anywhere on the Common Property of the

Scheme. Should an Owner choose to smoke in his section, he shall do so

with due regard being had to the communal air-conditioning system and shall

be subject to regulation and restriction by the Trustees.

BREACH OF OR FAILURE TO COMPLY WITH RULES

27 (a) Should any Owner, or his lessee, invitee, guest, client, customer,

servant, employee or occupier of his section, or any other person who

may come upon the Common Property by virtue of his right thereto,

breach any of the Rules, or the rules and regulations of the

Association or any other applicable laws or regulations and fail to

remedy such breach within a period of 7 (seven) days of having

received written notice from the Trustees to remedy such breach, the

Trustees shall be entitled to take such action as is available to them in

terms of the Rules and the Act.

(b) In no way detracting from any rights that the Trustees of the Body

Corporate may have in terms of the Act or in Law, the Trustees shall

be entitled, in the situation referred to in paragraph 19 (a) above to,

inter alia:

(i) call for an explanation or an apology

(ii) impose a fine or fines

(iii) withdraw the previously given consent applicable to the

particular issue

(iv) instruct attorneys to advise the Body Corporate or

institute legal action on the Body Corporate’s behalf

(v) refer the matter to arbitration if appropriate (as

contemplated in the Act)

(c) Fines imposed for the breach of or non-compliance with the rules shall

be deemed to be part of the levy due by the owner.

SAMPLE

22

(d) The rights of the Trustees as referred to above are without prejudice

to any other rights that they may have in terms of the Act in particular

or the Law in general.

(e) In the event of the Trustees having to institute any legal action or

proceedings against an owner as the result of any breach by the

owner of the Act or the rules (including, but in no way limited to, the

non-payment of the levy) the owner shall be liable to refund the Body

Corporate all legal costs incurred in this regard to the maximum

amount permitted by Law and shall include collection charges, the

costs incurred by the Body Corporate in endeavouring to enforce its

rights prior to the institution of legal action and the costs incurred in

connection with the satisfaction or enforcement of any judgment

awarded in favour of the Body Corporate.

DISCLAIMER OF RESPONSIBILITY

28 (a) The Body Corporate shall not be liable for any injury to person,

damage to or loss of property to whomsoever it may belong, occurring

or suffered, upon the Scheme regardless of the cause thereof nor

shall the Body Corporate be responsible for any theft of property

occurring on the Scheme. Owners hereby acknowledge that they shall

not, under any circumstances have any claim or right of action against

the Body Corporate for damages, loss or otherwise, nor be entitled to

withhold or defer payment of any amount due by them for any reason

whatsoever.

(b) The Body Corporate and/or its agents shall not be liable to any owner

or any of the owner’s lessees, or their respective employees, agents,

servants, invitees or customers or any member of the public dealing

with the owner or any lessee for any injury or loss or damage of any

description which the owner or any such other person aforesaid may

suffer or sustain whether directly or indirectly in or about the Scheme,

regardless of the cause thereof.

SAMPLE

23

(c) Owners shall accept responsibility for and indemnify the Body

Corporate and its employees, servants and lawful invitees against all

claims by any person arising from any injury or loss or damage as

contemplated in clauses 20 (a) and 20 (b) above.

___________________________

CONVEYANCER

GRAEME FURZE PHILLIPS

Garlicke & Bousfield Inc

7 Torsvale Crescent

La Lucia Ridge Office Estate

SAMPLE

SAMPLE