INTERESTING ARTICLES
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VOETSTOOTS
ELECTRICAL CERTIFICATE OF COMPLIANCE
“VOETSTOOTS” clause
Take note of the following:
LATENT DEFECT
A latent
defect is one which is NOT visible or discoverable upon a reasonable
inspection of the property, i.e. leaking roof, dampness etc.
PATENT DEFECT
A patent defect is a defect which is clearly visible.
VOETSTOOTS
A clause
stating that the property is sold voetstoots excludes the Seller’s liability
for latent defects BUT NOT HIS LIABILITY FOR MISREPRESENTATION.
Thus if a Seller
or his agent is aware of a defect and he/they do not disclose the defect then
the voetstoots clause can not protect the Seller.
Liability for
misrepresentation can also be excluded contractually, but neither a voetstoots
clause, nor a clause excluding liability for misrepresentation, would protect a
Seller if he was aware of the defect at the time of the conclusion of the
contract.
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CERTIFICATE OF
COMPLIANCE FOR ELECTRICAL INSTALLATION
Electrical installation Regulations)
Regulation
2(1)
The user or lessor of an
electrical installation, ....., shall be responsible for the safety, safe use
and maintenance of the electrical installation he uses or leases.
Regulation 3(1)
“..... every user or lessor of an electrical
installation, ....., shall have a valid certificate of compliance in respect of
every such installation, .....such
certificate shall be transferrable.”
Regulation 1
A certificate of compliance may only be issued by an
“accredited person” ie. “an electrical tester for single phase, an installation
electrician or a master installation electrician.”
Regulation
1
The electrical certificate of compliance is only
issued in respect of electrical installations, that is from the point of supply to the “point of consumption.”
Regulation
7.
“If at any time prior to issuing a certificate of
compliance any fault or defect is detected in any part of the electrical
installation, the accredited person shall refuse to issue such certificate:
Provided that if such fault or defect in the opinion of the accredited person
constitutes an immediate danger to persons in the case where electricity is
already supplied, he shall forthwith take steps to disconnect the supply to the
circuit in which the fault or defect was detected
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