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If there are any defects caused by faulty materials or workmanship the Purchaser will provide the Vendor and the Builder with a comprehensive list of the defects claimed within 3 months of settlement. The Builder will rectify the agreed defects within a reasonable time but in any event by 16 months from the date the defect is notified.
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Rectification of defects
(a) In the event the Purchaser believes any defects caused by faulty materials or workmanship exist in relation to the improvements on the Land, the Purchaser agrees it shall, within eight months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. (b) The Purchaser agrees:
i. to act in good faith and reasonably in exercising its rights to seek rectification of any defects by the Vendor; ii. to minimise the number of lists of defects it provides to the Vendor; and iii. not to rectify any defect itself, and in doing so materially and irreparably prejudice the Vendor’s ability to inspect, identify and rectify the defect. (c) The Vendor agrees that, if a defect is notified in accordance with Special Condition 13(a) and accepted by the Builder as a defect, the Vendor and Builder will ensure that: i. the defect is rectified by the Builder in a proper and workmanlike manner,and ii. the defect is rectified within a reasonable time having regard to the nature and extent of the defect, and the availability of materials and labour, but in any event by the date which is 16 months from the date of notification of the defect. (d) The Vendor will ensure that the building contract with the Builder requires the Builder to repair and make good any defects in the improvements on the Land or the Common Property which are caused by faulty materials or workmanship in a proper and workmanlike manner and within a reasonable period of time depending on the nature and extent of the defect and the availability of materials and labour. (e) The Purchaser agrees to facilitate any repairs accepted by the Vendor and provide unfettered access to the Land on reasonable notice being provided by the Vendor. For the purpose of this clause, reasonable notice shall be 48 hours written notice.
(f) Notwithstanding any other special condition, the Purchaser may not before Settlement require the Vendor to repair any defects or fault in the Property, and may not at any time require the Vendor to repair any electrical or gas fittings installed in the Property except in accordance with the terms of the manufacturer’s warranties relating to those electrical or gas fittings. (g) The Purchaser acknowledges that in the event that the Purchaser performs any modifications, rectification, or repair works on the Land: in relation to an item identified by the Purchaser as a defect in accordance with this clause; or in any other case, which limits, alters or affects the ability of the Vendor, or (prevents the Vendor from inspecting, identifying, or rectifying any item identified by the Purchaser as a defect,
such conduct is deemed to amount to a waiver by the Purchaser of any rights the Purchaser has or may have had pursuant to this Special Condition 13 in relation to rectification of the defect affected, and the Vendor is not obliged to rectify the defect claimed. (h) If a defect is accepted and made good to the Vendor’s architect’s satisfaction the Vendor’s obligations under this Special Condition 13 are discharged. (i) In the event of a breach by the Purchaser of its obligations pursuant to this Special Condition 13 the Purchaser acknowledges and agrees
the Vendor’s ability to inspect, identify and rectify any notified defects will be materially and irreparably prejudiced; and the Purchaser indemnifies and keeps indemnified the Vendor for any additional costs and expenses (whether directly, indirectly, or consequentially in relation to any third party) incurred by it arising out of the Purchaser’s breach of this Special Condition 13. (j) For the purpose of this Special Condition 13, a defect is a fault in construction caused by faulty workmanship or materials, but shall not include (among other things) minor shrinkages or minor settlement cracks.
| 1,664
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If there are any defects caused by faulty materials or workmanship the Purchaser will provide the Vendor and the Builder with a comprehensive list of the defects claimed within 3 months of settlement. The Builder will rectify the agreed defects within a reasonable time but in any event by 16 months from the date the defect is notified.
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(a) In the event the Purchaser believes any defects caused by faulty materials or workmanship exist in relation to the improvements on the Land, the Purchaser agrees it shall, within eight months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. (b) The Purchaser agrees:
i. to act in good faith and reasonably in exercising its rights to seek rectification of any defects by the Vendor; ii. to minimise the number of lists of defects it provides to the Vendor; and iii. not to rectify any defect itself, and in doing so materially and irreparably prejudice the Vendor’s ability to inspect, identify and rectify the defect. (c) The Vendor agrees that, if a defect is notified in accordance with Special Condition 13(a) and accepted by the Builder as a defect, the Vendor and Builder will ensure that: i. the defect is rectified by the Builder in a proper and workmanlike manner,and ii. the defect is rectified within a reasonable time having regard to the nature and extent of the defect, and the availability of materials and labour, but in any event by the date which is 16 months from the date of notification of the defect. (d) The Vendor will ensure that the building contract with the Builder requires the Builder to repair and make good any defects in the improvements on the Land or the Common Property which are caused by faulty materials or workmanship in a proper and workmanlike manner and within a reasonable period of time depending on the nature and extent of the defect and the availability of materials and labour. (e) The Purchaser agrees to facilitate any repairs accepted by the Vendor and provide unfettered access to the Land on reasonable notice being provided by the Vendor. For the purpose of this clause, reasonable notice shall be 48 hours written notice.
(f) Notwithstanding any other special condition, the Purchaser may not before Settlement require the Vendor to repair any defects or fault in the Property, and may not at any time require the Vendor to repair any electrical or gas fittings installed in the Property except in accordance with the terms of the manufacturer’s warranties relating to those electrical or gas fittings. (g) The Purchaser acknowledges that in the event that the Purchaser performs any modifications, rectification, or repair works on the Land: in relation to an item identified by the Purchaser as a defect in accordance with this clause; or in any other case, which limits, alters or affects the ability of the Vendor, or (prevents the Vendor from inspecting, identifying, or rectifying any item identified by the Purchaser as a defect,
such conduct is deemed to amount to a waiver by the Purchaser of any rights the Purchaser has or may have had pursuant to this Special Condition 13 in relation to rectification of the defect affected, and the Vendor is not obliged to rectify the defect claimed. (h) If a defect is accepted and made good to the Vendor’s architect’s satisfaction the Vendor’s obligations under this Special Condition 13 are discharged. (i) In the event of a breach by the Purchaser of its obligations pursuant to this Special Condition 13 the Purchaser acknowledges and agrees
the Vendor’s ability to inspect, identify and rectify any notified defects will be materially and irreparably prejudiced; and the Purchaser indemnifies and keeps indemnified the Vendor for any additional costs and expenses (whether directly, indirectly, or consequentially in relation to any third party) incurred by it arising out of the Purchaser’s breach of this Special Condition 13. (j) For the purpose of this Special Condition 13, a defect is a fault in construction caused by faulty workmanship or materials, but shall not include (among other things) minor shrinkages or minor settlement cracks.
| 1,665
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If there are any defects caused by faulty materials or workmanship the Purchaser will provide the Vendor and the Builder with a comprehensive list of the defects claimed within 3 months of settlement. The Builder will rectify the agreed defects within a reasonable time but in any event by 16 months from the date the defect is notified.
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Rectification of defects
(a) In the event the Purchaser believes any defects caused by faulty materials or workmanship exist in relation to the improvements on the Land, the Purchaser agrees it shall, within eight months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. (b) The Purchaser agrees:
i. to act in good faith and reasonably in exercising its rights to seek rectification of any defects by the Vendor; ii. to minimise the number of lists of defects it provides to the Vendor; and iii. not to rectify any defect itself, and in doing so materially and irreparably prejudice the Vendor’s ability to inspect, identify and rectify the defect. (c) The Vendor agrees that, if a defect is notified in accordance with Special Condition 13(a) and accepted by the Builder as a defect, the Vendor and Builder will ensure that: the defect is rectified by the Builder in a proper and workmanlike manner,and the defect is rectified within a reasonable time having regard to the nature and extent of the defect, and the availability of materials and labour, but in any event by the date which is 16 months from the date of notification of the defect. (d) The Vendor will ensure that the building contract with the Builder requires the Builder to repair and make good any defects in the improvements on the Land or the Common Property which are caused by faulty materials or workmanship in a proper and workmanlike manner and within a reasonable period of time depending on the nature and extent of the defect and the availability of materials and labour. (e) The Purchaser agrees to facilitate any repairs accepted by the Vendor and provide unfettered access to the Land on reasonable notice being provided by the Vendor. For the purpose of this clause, reasonable notice shall be 48 hours written notice.
(f) Notwithstanding any other special condition, the Purchaser may not before Settlement require the Vendor to repair any defects or fault in the Property, and may not at any time require the Vendor to repair any electrical or gas fittings installed in the Property except in accordance with the terms of the manufacturer’s warranties relating to those electrical or gas fittings. (g) The Purchaser acknowledges that in the event that the Purchaser performs any modifications, rectification, or repair works on the Land: i. in relation to an item identified by the Purchaser as a defect in accordance with this clause; or ii. in any other case, which limits, alters or affects the ability of the Vendor, or (prevents the Vendor from inspecting, identifying, or rectifying any item identified by the Purchaser as a defect,
such conduct is deemed to amount to a waiver by the Purchaser of any rights the Purchaser has or may have had pursuant to this Special Condition 13 in relation to rectification of the defect affected, and the Vendor is not obliged to rectify the defect claimed. (h) If a defect is accepted and made good to the Vendor’s architect’s satisfaction the Vendor’s obligations under this Special Condition 13 are discharged. (i) In the event of a breach by the Purchaser of its obligations pursuant to this Special Condition 13 the Purchaser acknowledges and agrees
the Vendor’s ability to inspect, identify and rectify any notified defects will be materially and irreparably prejudiced; and the Purchaser indemnifies and keeps indemnified the Vendor for any additional costs and expenses (whether directly, indirectly, or consequentially in relation to any third party) incurred by it arising out of the Purchaser’s breach of this Special Condition 13. (j) For the purpose of this Special Condition 13, a defect is a fault in construction caused by faulty workmanship or materials, but shall not include (among other things) minor shrinkages or minor settlement cracks.
| 1,666
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If there are any defects caused by faulty materials or workmanship the Purchaser will provide the Vendor and the Builder with a comprehensive list of the defects claimed within 3 months of settlement. The Builder will rectify the agreed defects within a reasonable time but in any event by 16 months from the date the defect is notified.
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(a) In the event the Purchaser believes any defects caused by faulty materials or workmanship exist in relation to the improvements on the Land, the Purchaser agrees it shall, within eight months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. (b) The Purchaser agrees:
i. to act in good faith and reasonably in exercising its rights to seek rectification of any defects by the Vendor; ii. to minimise the number of lists of defects it provides to the Vendor; and iii. not to rectify any defect itself, and in doing so materially and irreparably prejudice the Vendor’s ability to inspect, identify and rectify the defect. (c) The Vendor agrees that, if a defect is notified in accordance with Special Condition 13(a) and accepted by the Builder as a defect, the Vendor and Builder will ensure that: the defect is rectified by the Builder in a proper and workmanlike manner,and the defect is rectified within a reasonable time having regard to the nature and extent of the defect, and the availability of materials and labour, but in any event by the date which is 16 months from the date of notification of the defect. (d) The Vendor will ensure that the building contract with the Builder requires the Builder to repair and make good any defects in the improvements on the Land or the Common Property which are caused by faulty materials or workmanship in a proper and workmanlike manner and within a reasonable period of time depending on the nature and extent of the defect and the availability of materials and labour. (e) The Purchaser agrees to facilitate any repairs accepted by the Vendor and provide unfettered access to the Land on reasonable notice being provided by the Vendor. For the purpose of this clause, reasonable notice shall be 48 hours written notice.
(f) Notwithstanding any other special condition, the Purchaser may not before Settlement require the Vendor to repair any defects or fault in the Property, and may not at any time require the Vendor to repair any electrical or gas fittings installed in the Property except in accordance with the terms of the manufacturer’s warranties relating to those electrical or gas fittings. (g) The Purchaser acknowledges that in the event that the Purchaser performs any modifications, rectification, or repair works on the Land: i. in relation to an item identified by the Purchaser as a defect in accordance with this clause; or ii. in any other case, which limits, alters or affects the ability of the Vendor, or (prevents the Vendor from inspecting, identifying, or rectifying any item identified by the Purchaser as a defect,
such conduct is deemed to amount to a waiver by the Purchaser of any rights the Purchaser has or may have had pursuant to this Special Condition 13 in relation to rectification of the defect affected, and the Vendor is not obliged to rectify the defect claimed. (h) If a defect is accepted and made good to the Vendor’s architect’s satisfaction the Vendor’s obligations under this Special Condition 13 are discharged. (i) In the event of a breach by the Purchaser of its obligations pursuant to this Special Condition 13 the Purchaser acknowledges and agrees
the Vendor’s ability to inspect, identify and rectify any notified defects will be materially and irreparably prejudiced; and the Purchaser indemnifies and keeps indemnified the Vendor for any additional costs and expenses (whether directly, indirectly, or consequentially in relation to any third party) incurred by it arising out of the Purchaser’s breach of this Special Condition 13. (j) For the purpose of this Special Condition 13, a defect is a fault in construction caused by faulty workmanship or materials, but shall not include (among other things) minor shrinkages or minor settlement cracks.
| 1,667
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If there are any defects caused by faulty materials or workmanship the Purchaser will provide the Vendor and the Builder with a comprehensive list of the defects claimed within 3 months of settlement. The Builder will rectify the agreed defects within a reasonable time but in any event by 16 months from the date the defect is notified.
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Rectification of defects
(a) In the event the Purchaser believes any defects caused by faulty materials or workmanship exist in relation to the improvements on the Land, the Purchaser agrees it shall, within eight months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. (b) The Purchaser agrees:
to act in good faith and reasonably in exercising its rights to seek rectification of any defects by the Vendor; to minimise the number of lists of defects it provides to the Vendor; and not to rectify any defect itself, and in doing so materially and irreparably prejudice the Vendor’s ability to inspect, identify and rectify the defect. (c) The Vendor agrees that, if a defect is notified in accordance with Special Condition 13(a) and accepted by the Builder as a defect, the Vendor and Builder will ensure that: i. the defect is rectified by the Builder in a proper and workmanlike manner,and ii. the defect is rectified within a reasonable time having regard to the nature and extent of the defect, and the availability of materials and labour, but in any event by the date which is 16 months from the date of notification of the defect. (d) The Vendor will ensure that the building contract with the Builder requires the Builder to repair and make good any defects in the improvements on the Land or the Common Property which are caused by faulty materials or workmanship in a proper and workmanlike manner and within a reasonable period of time depending on the nature and extent of the defect and the availability of materials and labour. (e) The Purchaser agrees to facilitate any repairs accepted by the Vendor and provide unfettered access to the Land on reasonable notice being provided by the Vendor. For the purpose of this clause, reasonable notice shall be 48 hours written notice.
(f) Notwithstanding any other special condition, the Purchaser may not before Settlement require the Vendor to repair any defects or fault in the Property, and may not at any time require the Vendor to repair any electrical or gas fittings installed in the Property except in accordance with the terms of the manufacturer’s warranties relating to those electrical or gas fittings. (g) The Purchaser acknowledges that in the event that the Purchaser performs any modifications, rectification, or repair works on the Land: i. in relation to an item identified by the Purchaser as a defect in accordance with this clause; or ii. in any other case, which limits, alters or affects the ability of the Vendor, or (prevents the Vendor from inspecting, identifying, or rectifying any item identified by the Purchaser as a defect,
such conduct is deemed to amount to a waiver by the Purchaser of any rights the Purchaser has or may have had pursuant to this Special Condition 13 in relation to rectification of the defect affected, and the Vendor is not obliged to rectify the defect claimed. (h) If a defect is accepted and made good to the Vendor’s architect’s satisfaction the Vendor’s obligations under this Special Condition 13 are discharged. (i) In the event of a breach by the Purchaser of its obligations pursuant to this Special Condition 13 the Purchaser acknowledges and agrees
the Vendor’s ability to inspect, identify and rectify any notified defects will be materially and irreparably prejudiced; and the Purchaser indemnifies and keeps indemnified the Vendor for any additional costs and expenses (whether directly, indirectly, or consequentially in relation to any third party) incurred by it arising out of the Purchaser’s breach of this Special Condition 13. (j) For the purpose of this Special Condition 13, a defect is a fault in construction caused by faulty workmanship or materials, but shall not include (among other things) minor shrinkages or minor settlement cracks.
| 1,668
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If there are any defects caused by faulty materials or workmanship the Purchaser will provide the Vendor and the Builder with a comprehensive list of the defects claimed within 3 months of settlement. The Builder will rectify the agreed defects within a reasonable time but in any event by 16 months from the date the defect is notified.
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(a) In the event the Purchaser believes any defects caused by faulty materials or workmanship exist in relation to the improvements on the Land, the Purchaser agrees it shall, within eight months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. (b) The Purchaser agrees:
to act in good faith and reasonably in exercising its rights to seek rectification of any defects by the Vendor; to minimise the number of lists of defects it provides to the Vendor; and not to rectify any defect itself, and in doing so materially and irreparably prejudice the Vendor’s ability to inspect, identify and rectify the defect. (c) The Vendor agrees that, if a defect is notified in accordance with Special Condition 13(a) and accepted by the Builder as a defect, the Vendor and Builder will ensure that: i. the defect is rectified by the Builder in a proper and workmanlike manner,and ii. the defect is rectified within a reasonable time having regard to the nature and extent of the defect, and the availability of materials and labour, but in any event by the date which is 16 months from the date of notification of the defect. (d) The Vendor will ensure that the building contract with the Builder requires the Builder to repair and make good any defects in the improvements on the Land or the Common Property which are caused by faulty materials or workmanship in a proper and workmanlike manner and within a reasonable period of time depending on the nature and extent of the defect and the availability of materials and labour. (e) The Purchaser agrees to facilitate any repairs accepted by the Vendor and provide unfettered access to the Land on reasonable notice being provided by the Vendor. For the purpose of this clause, reasonable notice shall be 48 hours written notice.
(f) Notwithstanding any other special condition, the Purchaser may not before Settlement require the Vendor to repair any defects or fault in the Property, and may not at any time require the Vendor to repair any electrical or gas fittings installed in the Property except in accordance with the terms of the manufacturer’s warranties relating to those electrical or gas fittings. (g) The Purchaser acknowledges that in the event that the Purchaser performs any modifications, rectification, or repair works on the Land: i. in relation to an item identified by the Purchaser as a defect in accordance with this clause; or ii. in any other case, which limits, alters or affects the ability of the Vendor, or (prevents the Vendor from inspecting, identifying, or rectifying any item identified by the Purchaser as a defect,
such conduct is deemed to amount to a waiver by the Purchaser of any rights the Purchaser has or may have had pursuant to this Special Condition 13 in relation to rectification of the defect affected, and the Vendor is not obliged to rectify the defect claimed. (h) If a defect is accepted and made good to the Vendor’s architect’s satisfaction the Vendor’s obligations under this Special Condition 13 are discharged. (i) In the event of a breach by the Purchaser of its obligations pursuant to this Special Condition 13 the Purchaser acknowledges and agrees
the Vendor’s ability to inspect, identify and rectify any notified defects will be materially and irreparably prejudiced; and the Purchaser indemnifies and keeps indemnified the Vendor for any additional costs and expenses (whether directly, indirectly, or consequentially in relation to any third party) incurred by it arising out of the Purchaser’s breach of this Special Condition 13. (j) For the purpose of this Special Condition 13, a defect is a fault in construction caused by faulty workmanship or materials, but shall not include (among other things) minor shrinkages or minor settlement cracks.
| 1,669
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The Vendor may arrange for the physical infrastructure of the national broadband network to be installed on the land at its cost and the Purchaser will be responsible for the costs of securing an account with the Network Infrastructure.
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Prior to Settlement, the Vendor may at its absolute discretion arrange for the physical infrastructure of the national broadband network being the high speed broadband fibre optic network to be installed on the Land, including all conduits, pathways, fibre, cables, electronic devices and equipment, ducts, cabinets, housing and any other active and passive equipment and distribution (Network Infrastructure) for coverage by the NBN Co.
| 1,670
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The Vendor may arrange for the physical infrastructure of the national broadband network to be installed on the land at its cost and the Purchaser will be responsible for the costs of securing an account with the Network Infrastructure.
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As between the Vendor and Purchaser, the Vendor shall be responsible for all costs associated with the installation of the Network Infrastructure, and the Purchaser will be responsible for all costs for securing an account with, and the active use of, the Network Infrastructure.
| 1,671
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The Vendor may arrange for the physical infrastructure of the national broadband network to be installed on the land at its cost and the Purchaser will be responsible for the costs of securing an account with the Network Infrastructure.
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The Purchaser will not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract if as a result of the installation of the Network Infrastructure, there is any exclusivity to the National Broadband Network in relation to the supply of internet or telecommunications services to the Property, or if the Vendor elects not to proceed with the installation of the Network Infrastructure.
| 1,672
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The Vendor may arrange for the physical infrastructure of the national broadband network to be installed on the land at its cost and the Purchaser will be responsible for the costs of securing an account with the Network Infrastructure.
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If required by the Vendor, the Purchaser will take all steps, do all things, including providing any consent, sign all documents, and if required grant an easement or licence with regarding to the Land in favour of NBN Co or any other company nominated by the Vendor, as reasonably required by NBN Co and on terms satisfactory to NBN Co.
| 1,673
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If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $800 plus GST.
This is reduced to $400 plus GST by way of SC37.11.
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Notice of Default
General Condition 34.3 is added as follows:
“34.3 Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $800.00 plus GST.”
| 1,674
|
If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $800 plus GST.
This is reduced to $400 plus GST by way of SC37.11.
|
General Condition 34.3 is added as follows:
“34.3 Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $800.00 plus GST.”
| 1,675
|
If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $800 plus GST.
This is reduced to $400 plus GST by way of SC37.11.
|
34.3 Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $800.00 plus GST.
| 1,676
|
If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $540 plus GST.
This is reduced to $400 plus GST by way of SC37.11.
|
Notice of Default
General Condition 34.3 is added as follows:
“34.3 Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $540.00 plus GST.”
| 1,677
|
If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $540 plus GST.
This is reduced to $400 plus GST by way of SC37.11.
|
General Condition 34.3 is added as follows:
“34.3 Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $540.00 plus GST.”
| 1,678
|
If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $540 plus GST.
This is reduced to $400 plus GST by way of SC37.11.
|
34.3 Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $540.00 plus GST.
| 1,679
|
If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $650 plus GST.
This is reduced to $400 plus GST by way of SC37.11.
|
Notice of Default
General Condition 34.3 is added as follows:
“34.3 Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $650 plus GST.”
| 1,680
|
If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $650 plus GST.
This is reduced to $400 plus GST by way of SC37.11.
|
General Condition 34.3 is added as follows:
“34.3 Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $650 plus GST.”
| 1,681
|
If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $650 plus GST.
This is reduced to $400 plus GST by way of SC37.11.
|
34.3 Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $650 plus GST.
| 1,682
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
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Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,683
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,684
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,685
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,686
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,687
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,688
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,689
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,690
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner
(d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,691
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner
(d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,692
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner
(d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,693
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,694
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,695
|
If you nominate another purchaser and this nomination is submitted less than 10 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $550.
This is reduced to $220 by way of SC37.12.
|
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 10 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $550.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,696
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,697
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,698
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,699
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,700
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,701
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,702
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,703
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,704
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner
(d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,705
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner
(d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,706
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner
(d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,707
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,708
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,709
|
If you nominate another purchaser and this nomination is submitted less than 15 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $870.
This is reduced to $220 by way of SC37.12.
|
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 15 days prior to Settlement. Should the nomination be submitted less than 15 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $870.00 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,710
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,711
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,712
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,713
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,714
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,715
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: i. an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
ii. where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and iii. where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,716
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,717
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,718
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner
(d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,719
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner
(d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,720
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner
(d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,721
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
Substitution
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,722
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: “4 NOMINEE
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,723
|
If you nominate another purchaser and this nomination is submitted less than 12 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $450.
This is reduced to $220 by way of SC37.12.
|
(a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 12 days prior to Settlement. Should the nomination be submitted less than 12 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $450 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with
General Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;
where applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional purchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which may be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.”
| 1,724
|
The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works.
|
(a) The Purchaser acknowledges that the Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works. (b) The Purchaser will not, and will use its best endeavours to procure that the Owners Corporation does not, make any requisition or objection or claim any compensation or rescind, terminate or delay completion of the Contract or bring any injunctive proceedings against the Vendor or any other person as a consequence of any nuisance, noise, dust and other discomfort that may result from:
i. any continuing Building Works or Rectification Works being carried out from time to time in or about the common areas or the lots in the Plans of Subdivision after the Day of Sale and/or Settlement; or ii. marketing of unsold lots in the Plan of Subdivision involving, amongst other things, the placement and maintenance upon common areas (but excluding the Property) sale signs, insignia or other fixtures and fittings for marketing purposes after Settlement which the Vendor in its absolute discretion thinks fit.
(c) The Purchaser hereby irrevocably appoints Owners Corporation 1 as its agent to, in relation to any development of later stages on the Plan of Subdivision, to accept service of any protection works notices on behalf of the Purchaser, and any Owners and Occupiers (as defined in the Owners Corporation rules), sign offs and consentsfor such works, including but not limited to:
i. approval and consenting of protection works notices in relation to developing later states below ground and above ground;
ii. construction of vehicle pass-throughs and opening below ground and above ground; iii. construction of pedestrian pass-throughs and openings into future stages below ground and above ground; and iv. any other works required which the Owners Corporation decides are appropriate for the development of the whole of the land in the Plan of Subdivision.
| 1,725
|
The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works.
|
The Purchaser acknowledges that the Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works.
| 1,726
|
The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works.
|
(b) The Purchaser will not, and will use its best endeavours to procure that the Owners Corporation does not, make any requisition or objection or claim any compensation or rescind, terminate or delay completion of the Contract or bring any injunctive proceedings against the Vendor or any other person as a consequence of any nuisance, noise, dust and other discomfort that may result from:
i. any continuing Building Works or Rectification Works being carried out from time to time in or about the common areas or the lots in the Plans of Subdivision after the Day of Sale and/or Settlement; or ii. marketing of unsold lots in the Plan of Subdivision involving, amongst other things, the placement and maintenance upon common areas (but excluding the Property) sale signs, insignia or other fixtures and fittings for marketing purposes after Settlement which the Vendor in its absolute discretion thinks fit.
| 1,727
|
The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works.
|
The Purchaser will not, and will use its best endeavours to procure that the Owners Corporation does not, make any requisition or objection or claim any compensation or rescind, terminate or delay completion of the Contract or bring any injunctive proceedings against the Vendor or any other person as a consequence of any nuisance, noise, dust and other discomfort that may result from:
i. any continuing Building Works or Rectification Works being carried out from time to time in or about the common areas or the lots in the Plans of Subdivision after the Day of Sale and/or Settlement; or ii. marketing of unsold lots in the Plan of Subdivision involving, amongst other things, the placement and maintenance upon common areas (but excluding the Property) sale signs, insignia or other fixtures and fittings for marketing purposes after Settlement which the Vendor in its absolute discretion thinks fit.
| 1,728
|
The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works.
|
(b) The Purchaser will not, and will use its best endeavours to procure that the Owners Corporation does not, make any requisition or objection or claim any compensation or rescind, terminate or delay completion of the Contract or bring any injunctive proceedings against the Vendor or any other person as a consequence of any nuisance, noise, dust and other discomfort that may result from:
any continuing Building Works or Rectification Works being carried out from time to time in or about the common areas or the lots in the Plans of Subdivision after the Day of Sale and/or Settlement; or
marketing of unsold lots in the Plan of Subdivision involving, amongst other things, the placement and maintenance upon common areas (but excluding the Property) sale signs, insignia or other fixtures and fittings for marketing purposes after Settlement which the Vendor in its absolute discretion thinks fit.
| 1,729
|
The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works.
|
(c) The Purchaser hereby irrevocably appoints Owners Corporation 1 as its agent to, in relation to any development of later stages on the Plan of Subdivision, to accept service of any protection works notices on behalf of the Purchaser, and any Owners and Occupiers (as defined in the Owners Corporation rules), sign offs and consentsfor such works, including but not limited to:
approval and consenting of protection works notices in relation to developing later states below ground and above ground;
construction of vehicle pass-throughs and opening below ground and above ground;
construction of pedestrian pass-throughs and openings into future stages below ground and above ground; and
any other works required which the Owners Corporation decides are appropriate for the development of the whole of the land in the Plan of Subdivision.
| 1,730
|
The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works.
|
The Purchaser hereby irrevocably appoints Owners Corporation 1 as its agent to, in relation to any development of later stages on the Plan of Subdivision, to accept service of any protection works notices on behalf of the Purchaser, and any Owners and Occupiers (as defined in the Owners Corporation rules), sign offs and consentsfor such works, including but not limited to:
approval and consenting of protection works notices in relation to developing later states below ground and above ground;
construction of vehicle pass-throughs and opening below ground and above ground;
construction of pedestrian pass-throughs and openings into future stages below ground and above ground; and
any other works required which the Owners Corporation decides are appropriate for the development of the whole of the land in the Plan of Subdivision.
| 1,731
|
The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68).
|
(a) Prior to Settlement, the Vendor intends to cause the Owners Corporation to pass a special resolution to adopt the Owners Corporation Rules and to register them with the Registrar of Titles.
(b) The Purchaser acknowledges and agrees that the Owners Corporation may make rules regulating the use of Common Property or common facilities in relation to safety, amenity, or access to the Common Property or common facilities in certain weather conditions.
(c) Having regard to the interests of the Owners Corporation, the Vendor may amend the Owners Corporation Rules as the Vendor considers either necessary or desirable at any time prior to their adoption. The Purchaser may not make any objection, requisition or claim, delay completion of or rescind or terminate this Contract because of any such amendment.
(d) While the Vendor remains the owner of one or more lots on the Plan of Subdivision, the Purchaser will not exercise any of its rights or powers as a member of an Owners Corporation in such a way as would:
hinder the completion of the Building Works or Surface Works referred to in Special Condition 8, or the marketing activities of the Vendor in connection with the sale of other lots;
be contrary to the directions of the Vendor given to the Purchaser from time to time; or
delay or hinder the adoption of the Owners Corporation Rules pursuant to Special Condition 24(a), or the passing of any special resolution or execution of any agreement pursuant to Special Condition 24(e).
(e) The Vendor may cause the Owners Corporation to pass a resolution or special resolution to enter into short term or long term agreements with any person or entity, including agreements with related parties of the Vendor, for the provision and supply of any utility or service to the building or members of the Owners Corporation (including without limitation, anything considered by the Vendor to be necessary or desirable to give effect to the Owners Corporation Rules or for the maintenance, management and operation of the building in which the Land is located), provided
that any such short term or long-term agreements are entered into on commercial terms.
f) The Vendor may cause the Owners Corporation to pass a resolution or special resolution to enter into facilities management agreements, service agreements or management plans in relation to the common property including but not limited to plans relating to general maintenance, environmental health, emergency access and
egress for the building, public open space, heritage and occupational health and safety.
(g) The Vendor may cause the Owners Corporation to execute all documents that the Vendor considers either necessary or desirable to give effect to any such resolution. The Purchaser may not make any objection, requisition or claim, delay completion of or rescind or terminate this Contract because of any such resolution or agreement.
| 1,732
|
The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68).
|
Prior to Settlement, the Vendor intends to cause the Owners Corporation to pass a special resolution to adopt the Owners Corporation Rules and to register them with the Registrar of Titles.
| 1,733
|
The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68).
|
The Purchaser acknowledges and agrees that the Owners Corporation may make rules regulating the use of Common Property or common facilities in relation to safety, amenity, or access to the Common Property or common facilities in certain weather conditions.
| 1,734
|
The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68).
|
Having regard to the interests of the Owners Corporation, the Vendor may amend the Owners Corporation Rules as the Vendor considers either necessary or desirable at any time prior to their adoption. The Purchaser may not make any objection, requisition or claim, delay completion of or rescind or terminate this Contract because of any such amendment.
| 1,735
|
The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68).
|
While the Vendor remains the owner of one or more lots on the Plan of Subdivision, the Purchaser will not exercise any of its rights or powers as a member of an Owners Corporation in such a way as would:
hinder the completion of the Building Works or Surface Works referred to in Special Condition 8, or the marketing activities of the Vendor in connection with the sale of other lots;
be contrary to the directions of the Vendor given to the Purchaser from time to time; or
delay or hinder the adoption of the Owners Corporation Rules pursuant to Special Condition 24(a), or the passing of any special resolution or execution of any agreement pursuant to Special Condition 24(e).
| 1,736
|
The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68).
|
The Vendor may cause the Owners Corporation to pass a resolution or special resolution to enter into short term or long term agreements with any person or entity, including agreements with related parties of the Vendor, for the provision and supply of any utility or service to the building or members of the Owners Corporation (including without limitation, anything considered by the Vendor to be necessary or desirable to give effect to the Owners Corporation Rules or for the maintenance, management and operation of the building in which the Land is located), provided
that any such short term or long-term agreements are entered into on commercial terms.
| 1,737
|
The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68).
|
The Vendor may cause the Owners Corporation to pass a resolution or special resolution to enter into facilities management agreements, service agreements or management plans in relation to the common property including but not limited to plans relating to general maintenance, environmental health, emergency access and
egress for the building, public open space, heritage and occupational health and safety.
| 1,738
|
The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68).
|
The Vendor may cause the Owners Corporation to execute all documents that the Vendor considers either necessary or desirable to give effect to any such resolution. The Purchaser may not make any objection, requisition or claim, delay completion of or rescind or terminate this Contract because of any such resolution or agreement.
| 1,739
|
The Purchaser cannot resell the Property until 90 days after Settlement without the Vendor’s prior written consent.
|
The Purchaser must not sell, transfer, assign, mortgage or otherwise encumber or in any other way whatsoever deal with its interest in the Land, the Property or any of the Purchaser’s rights or interest in, to or under this Contract until 90 days after the Settlement Date without the Vendor’s prior written consent which may be refused or given on conditions including the requirement that the Purchaser and the transferee, assignee, mortgagee or other relevant beneficiary enter into a deed with the Vendor conferring on the Vendor like rights as set out in this Special Condition.
| 1,740
|
The Purchaser cannot resell the Property until 30 days after Settlement without the Vendor’s prior written consent.
|
The Purchaser must not sell, transfer, assign, mortgage or otherwise encumber or in any other way whatsoever deal with its interest in the Land, the Property or any of the Purchaser’s rights or interest in, to or under this Contract until 30 days after the Settlement Date without the Vendor’s prior written consent which may be refused or given on conditions including the requirement that the Purchaser and the transferee, assignee, mortgagee or other relevant beneficiary enter into a deed with the Vendor conferring on the Vendor like rights as set out in this Special Condition.
| 1,741
|
The Purchaser cannot resell the Property until 25 days after Settlement without the Vendor’s prior written consent.
|
The Purchaser must not sell, transfer, assign, mortgage or otherwise encumber or in any other way whatsoever deal with its interest in the Land, the Property or any of the Purchaser’s rights or interest in, to or under this Contract until 25 days after the Settlement Date without the Vendor’s prior written consent which may be refused or given on conditions including the requirement that the Purchaser and the transferee, assignee, mortgagee or other relevant beneficiary enter into a deed with the Vendor conferring on the Vendor like rights as set out in this Special Condition.
| 1,742
|
The Purchaser acknowledges that the Development may include Recreational Facilities for use by the residents within the Development and operated by the Owners Corporation Managers.
|
(a) The Purchaser acknowledges and agrees that the Development may include Recreational Facilities for use by owners of Residential Apartments within the Development which may or may not be owned and operated by the Owners Corporation.
| 1,743
|
The Purchaser acknowledges that the Development may include Recreational Facilities for use by the residents within the Development and operated by the Owners Corporation Managers.
|
The Purchaser acknowledges and agrees that the Development may include Recreational Facilities for use by owners of Residential Apartments within the Development which may or may not be owned and operated by the Owners Corporation.
| 1,744
|
The Vendor makes no representation as to the nature, type or configuration of the facilities, the size, location or timing of delivery of the Recreational Facilities.
|
(b) The Vendor does not make any representations or give any assurances as to the:
nature, type or configuration of the facilities which will be included as part of the Recreational Facilities;
size, location or proposed timing for delivery of the Recreational Facilities which may not be completed before the Settlement Date; or ultimate ownership of the Recreational Facilities.
| 1,745
|
The Vendor makes no representation as to the nature, type or configuration of the facilities, the size, location or timing of delivery of the Recreational Facilities.
|
The Vendor does not make any representations or give any assurances as to the:
nature, type or configuration of the facilities which will be included as part of the Recreational Facilities;
size, location or proposed timing for delivery of the Recreational Facilities which may not be completed before the Settlement Date; or ultimate ownership of the Recreational Facilities.
| 1,746
|
The Vendor reserves the right to develop or refrain from developing or including in the Development the Recreational Facilities.
|
(c) The Vendor reserves the right in its absolute discretion to:
develop or to refrain from developing or including in the Development the Recreational Facilities; grant management rights in relation to all or part of the Recreational Facilities; and retain ownership of whole or part of the Recreational Facilities and grant a lease to a third party for the exclusive right to operate those facilities.
| 1,747
|
The Vendor reserves the right to develop or refrain from developing or including in the Development the Recreational Facilities.
|
The Vendor reserves the right in its absolute discretion to:
develop or to refrain from developing or including in the Development the Recreational Facilities; grant management rights in relation to all or part of the Recreational Facilities; and retain ownership of whole or part of the Recreational Facilities and grant a lease to a third party for the exclusive right to operate those facilities.
| 1,748
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
Electric clothes dryer a) The Purchaser acknowledges that:
i. a conventional clothes dryer must not be installed; and ii. only a condenser clothes dryer may be installed. b) The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,749
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
Electric clothes dryer a) The Purchaser acknowledges that:
i. a conventional clothes dryer must not be installed; and ii. only a condenser clothes dryer may be installed. b) The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,750
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
Electric clothes dryer The Purchaser acknowledges that:
i. a conventional clothes dryer must not be installed; and ii. only a condenser clothes dryer may be installed.
| 1,751
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
a) The Purchaser acknowledges that:
i. a conventional clothes dryer must not be installed; and ii. only a condenser clothes dryer may be installed. b) The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,752
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
a) The Purchaser acknowledges that:
i. a conventional clothes dryer must not be installed; and ii. only a condenser clothes dryer may be installed. b) The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,753
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
The Purchaser acknowledges that:
i. a conventional clothes dryer must not be installed; and ii. only a condenser clothes dryer may be installed.
| 1,754
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
Electric clothes dryer b) The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,755
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
b) The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,756
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
Electric clothes dryer
The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,757
|
The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed
|
The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,758
|
The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development.
|
Vendor’s marketing materials a) The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development due to: i. development of areas surrounding or near the Site; ii. changes to the Plan of Subdivision, Building Plans or Specifications; or
iii. as a result of any other act, matter or thing.
b)The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,759
|
The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development.
|
a) The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development due to: i. development of areas surrounding or near the Site; ii. changes to the Plan of Subdivision, Building Plans or Specifications; or
iii. as a result of any other act, matter or thing.
b)The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,760
|
The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development.
|
Vendor’s marketing materials
b)The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,761
|
The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development.
|
b)The Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.
| 1,762
|
The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development.
|
Vendor’s marketing materials a) The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development due to: i. development of areas surrounding or near the Site; ii. changes to the Plan of Subdivision, Building Plans or Specifications; or
iii. as a result of any other act, matter or thing
| 1,763
|
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