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The Purchaser is entitled to one Pre-Settlement inspection. If the Purchaser does not complete a Pre-Settlement the Vendor will engage an independent building inspector to carry out the inspection and provide a report. The Purchaser will reimburse the Vendor $720 for this service by way of an adjustment at settlement.
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Pre-Settlement Inspection
(a) The Purchaser acknowledges that some or all of the Lots contained in the Plan of Subdivision may be settled at or about the same time as settlement of this Contract.
(b) The Purchaser may inspect the condition of the Lot once before Settlement by making an appointment with the Vendor or the Vendor’s agent in accordance with this Special Condition.
(c) To ensure that the Pre-Settlement Inspection appointments by all purchasers of lots in the Plan of Subdivision will be carried out in a safe and orderly manner, the Vendor retains the right: to set the time and date of the Purchaser’s inspection of the Property; to limit the time spent by a Purchaser inspecting the Property; and to limit the number of persons attending an inspection appointment. (d) In the event the Purchaser does not complete a Pre-Settlement Inspection seven (7) days prior to Settlement in accordance with Special Condition 11(b), the Vendor will engage an independent building inspector of its choice to carry out a Pre-Settlement Inspection and provide a report on behalf of the Purchaser. The Purchaser shall pay to
the Vendor as reimbursement for this service the sum of $720 including GST
which shall be paid to the Vendor as an adjustment at Settlement.
| 1,606 |
The Purchaser is entitled to one Pre-Settlement inspection. If the Purchaser does not complete a Pre-Settlement the Vendor will engage an independent building inspector to carry out the inspection and provide a report. The Purchaser will reimburse the Vendor $720 for this service by way of an adjustment at settlement.
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(a) The Purchaser acknowledges that some or all of the Lots contained in the Plan of Subdivision may be settled at or about the same time as settlement of this Contract.
(b) The Purchaser may inspect the condition of the Lot once before Settlement by making an appointment with the Vendor or the Vendor’s agent in accordance with this Special Condition.
(c) To ensure that the Pre-Settlement Inspection appointments by all purchasers of lots in the Plan of Subdivision will be carried out in a safe and orderly manner, the Vendor retains the right: to set the time and date of the Purchaser’s inspection of the Property; to limit the time spent by a Purchaser inspecting the Property; and to limit the number of persons attending an inspection appointment. (d) In the event the Purchaser does not complete a Pre-Settlement Inspection seven (7) days prior to Settlement in accordance with Special Condition 11(b), the Vendor will engage an independent building inspector of its choice to carry out a Pre-Settlement Inspection and provide a report on behalf of the Purchaser. The Purchaser shall pay to
the Vendor as reimbursement for this service the sum of $720 including GST
which shall be paid to the Vendor as an adjustment at Settlement.
| 1,607 |
The Purchaser acknowledges that any plans, drawings and marketing material provided are indicative only.
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(a) The Purchaser acknowledges that:
i. any plans, drawing and marketing material provided to the Purchaser of the Property (including any display suite or display boards) are indicative only and cannot be relied upon; ii. the Purchaser has read the Plan of Subdivision, Architectural Plans and Schedule of Finishes, Fixtures and Fittings, and the Planning Permit Conditions and agrees that this Contract contains all matters on which the Purchaser has relied in entering into this Contract; and iii. items contained in any display suite or display boards are not included in this Contract unless they are specifically referred to in the Schedule of Finishes, Fixtures and Fittings as being provided. If they are noted as optional, then they can be provided if identified at the Day of Sale and upon payment of an additional price.
| 1,608 |
The Purchaser acknowledges that any plans, drawings and marketing material provided are indicative only.
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i. any plans, drawing and marketing material provided to the Purchaser of the Property (including any display suite or display boards) are indicative only and cannot be relied upon; ii. the Purchaser has read the Plan of Subdivision, Architectural Plans and Schedule of Finishes, Fixtures and Fittings, and the Planning Permit Conditions and agrees that this Contract contains all matters on which the Purchaser has relied in entering into this Contract; and iii. items contained in any display suite or display boards are not included in this Contract unless they are specifically referred to in the Schedule of Finishes, Fixtures and Fittings as being provided. If they are noted as optional, then they can be provided if identified at the Day of Sale and upon payment of an additional price.
| 1,609 |
The Purchaser acknowledges that any plans, drawings and marketing material provided are indicative only.
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(a) The Purchaser acknowledges that:
any plans, drawing and marketing material provided to the Purchaser of the Property (including any display suite or display boards) are indicative only and cannot be relied upon; the Purchaser has read the Plan of Subdivision, Architectural Plans and Schedule of Finishes, Fixtures and Fittings, and the Planning Permit Conditions and agrees that this Contract contains all matters on which the Purchaser has relied in entering into this Contract; and items contained in any display suite or display boards are not included in this Contract unless they are specifically referred to in the Schedule of Finishes, Fixtures and Fittings as being provided. If they are noted as optional, then they can be provided if identified at the Day of Sale and upon payment of an additional price.
| 1,610 |
The Purchaser acknowledges that any plans, drawings and marketing material provided are indicative only.
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any plans, drawing and marketing material provided to the Purchaser of the Property (including any display suite or display boards) are indicative only and cannot be relied upon; the Purchaser has read the Plan of Subdivision, Architectural Plans and Schedule of Finishes, Fixtures and Fittings, and the Planning Permit Conditions and agrees that this Contract contains all matters on which the Purchaser has relied in entering into this Contract; and items contained in any display suite or display boards are not included in this Contract unless they are specifically referred to in the Schedule of Finishes, Fixtures and Fittings as being provided. If they are noted as optional, then they can be provided if identified at the Day of Sale and upon payment of an additional price.
| 1,611 |
The Purchaser acknowledges that any plans, drawings and marketing material provided are indicative only.
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(a) The Purchaser acknowledges that:
i. any plans, drawing and marketing material provided to the Purchaser of the Property are indicative only and cannot be relied upon; ii. the Purchaser has read the Plan of Subdivision, Architectural Plans and Schedule of Finishes, Fixtures and Fittings, and the Planning Permit Conditions and agrees that this Contract contains all matters on which the Purchaser has relied in entering into this Contract; and iii. items contained in any display suite or display boards are not included in this Contract unless they are specifically referred to in the Schedule of Finishes, Fixtures and Fittings as being provided. If they are noted as optional, then they can be provided if identified at the Day of Sale and upon payment of an additional price.
| 1,612 |
The Purchaser acknowledges that any plans, drawings and marketing material provided are indicative only.
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i. any plans, drawing and marketing material provided to the Purchaser of the Property are indicative only and cannot be relied upon; ii. the Purchaser has read the Plan of Subdivision, Architectural Plans and Schedule of Finishes, Fixtures and Fittings, and the Planning Permit Conditions and agrees that this Contract contains all matters on which the Purchaser has relied in entering into this Contract; and iii. items contained in any display suite or display boards are not included in this Contract unless they are specifically referred to in the Schedule of Finishes, Fixtures and Fittings as being provided. If they are noted as optional, then they can be provided if identified at the Day of Sale and upon payment of an additional price.
| 1,613 |
The Purchaser acknowledges that any plans, drawings and marketing material provided are indicative only.
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(a) The Purchaser acknowledges that:
any plans, drawing and marketing material provided to the Purchaser of the Property are indicative only and cannot be relied upon; the Purchaser has read the Plan of Subdivision, Architectural Plans and Schedule of Finishes, Fixtures and Fittings, and the Planning Permit Conditions and agrees that this Contract contains all matters on which the Purchaser has relied in entering into this Contract; and items contained in any display suite or display boards are not included in this Contract unless they are specifically referred to in the Schedule of Finishes, Fixtures and Fittings as being provided. If they are noted as optional, then they can be provided if identified at the Day of Sale and upon payment of an additional price.
| 1,614 |
The Purchaser acknowledges that any plans, drawings and marketing material provided are indicative only.
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any plans, drawing and marketing material provided to the Purchaser of the Property are indicative only and cannot be relied upon; the Purchaser has read the Plan of Subdivision, Architectural Plans and Schedule of Finishes, Fixtures and Fittings, and the Planning Permit Conditions and agrees that this Contract contains all matters on which the Purchaser has relied in entering into this Contract; and items contained in any display suite or display boards are not included in this Contract unless they are specifically referred to in the Schedule of Finishes, Fixtures and Fittings as being provided. If they are noted as optional, then they can be provided if identified at the Day of Sale and upon payment of an additional price.
| 1,615 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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Schedule of Finishes, Fixtures and Fittings
(a) The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract. (b) Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans. (c) The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser. Such variations and alterations may include:
i. substitution of any one of the items referred to in the Schedule of Finishes, Fixtures and Fittings with items of similar or superior quality; or
ii. the omission or removal of any one of the items from the Schedule of Finishes, Fixtures and Fittings where the use or installation of any one of them when the Vendor in its absolute discretion elects to exclude them. If the Vendor exercises its rights under this sub-clause, the Purchaser acknowledges and agrees that any loss suffered by the Purchaser is limited to the value of the item at the date of this Agreement.
(d) Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,616 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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(a) The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract. (b) Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans. (c) The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser. Such variations and alterations may include:
i. substitution of any one of the items referred to in the Schedule of Finishes, Fixtures and Fittings with items of similar or superior quality; or
ii. the omission or removal of any one of the items from the Schedule of Finishes, Fixtures and Fittings where the use or installation of any one of them when the Vendor in its absolute discretion elects to exclude them. If the Vendor exercises its rights under this sub-clause, the Purchaser acknowledges and agrees that any loss suffered by the Purchaser is limited to the value of the item at the date of this Agreement.
(d) Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,617 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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Schedule of Finishes, Fixtures and Fittings
(a) The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract.
(b) Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans.
(c) The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser.
(d) Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,618 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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(a) The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract.
(b) Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans.
(c) The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser
(d) Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,619 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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Schedule of Finishes, Fixtures and Fittings
The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract.
Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans.
The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser.
Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,620 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract.
Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans.
The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser
Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,621 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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Schedule of Finishes, Fixtures and Fittings
The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract. Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans. The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser. Such variations and alterations may include:
substitution of any one of the items referred to in the Schedule of Finishes, Fixtures and Fittings with items of similar or superior quality; or
the omission or removal of any one of the items from the Schedule of Finishes, Fixtures and Fittings where the use or installation of any one of them when the Vendor in its absolute discretion elects to exclude them. If the Vendor exercises its rights under this sub-clause, the Purchaser acknowledges and agrees that any loss suffered by the Purchaser is limited to the value of the item at the date of this Agreement.
Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,622 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract. Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans. The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser. Such variations and alterations may include:
substitution of any one of the items referred to in the Schedule of Finishes, Fixtures and Fittings with items of similar or superior quality; or
the omission or removal of any one of the items from the Schedule of Finishes, Fixtures and Fittings where the use or installation of any one of them when the Vendor in its absolute discretion elects to exclude them. If the Vendor exercises its rights under this sub-clause, the Purchaser acknowledges and agrees that any loss suffered by the Purchaser is limited to the value of the item at the date of this Agreement.
Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,623 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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Schedule of Finishes, Fixtures and Fittings
The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract. Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans. The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser. Such variations and alterations may include:
i. substitution of any one of the items referred to in the Schedule of Finishes, Fixtures and Fittings with items of similar or superior quality; or
ii. the omission or removal of any one of the items from the Schedule of Finishes, Fixtures and Fittings where the use or installation of any one of them when the Vendor in its absolute discretion elects to exclude them. If the Vendor exercises its rights under this sub-clause, the Purchaser acknowledges and agrees that any loss suffered by the Purchaser is limited to the value of the item at the date of this Agreement.
Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,624 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract. Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans. The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser. Such variations and alterations may include:
i. substitution of any one of the items referred to in the Schedule of Finishes, Fixtures and Fittings with items of similar or superior quality; or
ii. the omission or removal of any one of the items from the Schedule of Finishes, Fixtures and Fittings where the use or installation of any one of them when the Vendor in its absolute discretion elects to exclude them. If the Vendor exercises its rights under this sub-clause, the Purchaser acknowledges and agrees that any loss suffered by the Purchaser is limited to the value of the item at the date of this Agreement.
Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,625 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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Schedule of Finishes, Fixtures and Fittings
(a) The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract. (b) Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans. (c) The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser. Such variations and alterations may include:
substitution of any one of the items referred to in the Schedule of Finishes, Fixtures and Fittings with items of similar or superior quality; or
the omission or removal of any one of the items from the Schedule of Finishes, Fixtures and Fittings where the use or installation of any one of them when the Vendor in its absolute discretion elects to exclude them. If the Vendor exercises its rights under this sub-clause, the Purchaser acknowledges and agrees that any loss suffered by the Purchaser is limited to the value of the item at the date of this Agreement.
(d) Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,626 |
The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans.
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(a) The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract. (b) Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans. (c) The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser. Such variations and alterations may include:
substitution of any one of the items referred to in the Schedule of Finishes, Fixtures and Fittings with items of similar or superior quality; or
the omission or removal of any one of the items from the Schedule of Finishes, Fixtures and Fittings where the use or installation of any one of them when the Vendor in its absolute discretion elects to exclude them. If the Vendor exercises its rights under this sub-clause, the Purchaser acknowledges and agrees that any loss suffered by the Purchaser is limited to the value of the item at the date of this Agreement.
(d) Other than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).
| 1,627 |
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 12 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 three 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 12 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.
| 1,628 |
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 12 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 three 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 12 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.
| 1,629 |
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 12 months from the date the defect is notified.
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Rectification of defects
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 three months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. 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. 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 12 months from the date of notification of the defect. 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. 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.
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. 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. 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. 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. 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.
| 1,630 |
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 12 months from the date the defect is notified.
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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 three months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. 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. 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 12 months from the date of notification of the defect. 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. 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.
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. 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. 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. 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. 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.
| 1,631 |
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 12 months from the date the defect is notified.
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Rectification of defects
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 three months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. 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. 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 12 months from the date of notification of the defect. 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. 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.
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. 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. 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. 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. 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.
| 1,632 |
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 12 months from the date the defect is notified.
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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 three months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. 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. 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 12 months from the date of notification of the defect. 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. 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.
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. 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. 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. 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. 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.
| 1,633 |
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 12 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 three 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: 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 12 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.
| 1,634 |
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 12 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 three 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 12 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.
| 1,635 |
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 12 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 three 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 12 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.
| 1,636 |
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 12 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 three 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 12 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.
| 1,637 |
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 12 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 three 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 12 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.
| 1,638 |
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 12 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 three 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 12 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.
| 1,639 |
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 12 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 three 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 12 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.
| 1,640 |
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 12 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 three 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 12 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.
| 1,641 |
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 20 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 five 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 20 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.
| 1,642 |
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 20 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 five 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 20 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.
| 1,643 |
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 20 months from the date the defect is notified.
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Rectification of defects
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 five months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. 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. 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 20 months from the date of notification of the defect. 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. 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.
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. 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. 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. 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. 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.
| 1,644 |
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 20 months from the date the defect is notified.
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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 five months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. 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. 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 20 months from the date of notification of the defect. 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. 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.
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. 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. 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. 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. 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.
| 1,645 |
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 20 months from the date the defect is notified.
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Rectification of defects
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 five months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. 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. 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 20 months from the date of notification of the defect. 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. 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.
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. 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. 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. 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. 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.
| 1,646 |
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 20 months from the date the defect is notified.
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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 five months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. 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. 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 20 months from the date of notification of the defect. 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. 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.
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. 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. 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. 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. 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.
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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 20 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 five 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: 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 20 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.
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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 20 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 five 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 20 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.
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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 20 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 five 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 20 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.
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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 20 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 five 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 20 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.
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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 20 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 five 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 20 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.
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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 20 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 five 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 20 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.
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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 20 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 five 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 20 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.
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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 20 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 five 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 20 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.
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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: 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.
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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: 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.
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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
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. 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. 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. 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. 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.
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. 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. 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. 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. 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.
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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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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. 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. 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. 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. 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.
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. 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. 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. 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. 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.
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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
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. 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. 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. 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. 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.
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. 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. 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. 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. 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.
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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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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. 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. 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. 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. 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.
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. 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. 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. 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. 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.
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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: 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: 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.
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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: 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.
| 1,663 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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.
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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.
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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 $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 |
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