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This Contract represent the entire agreement.
Please ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract.
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ENTIRE AGREEMENT AND NO REPRESENTATIONS
This contract sets out all the terms and conditions of this sale and any representation or promise or warranty made prior to this contract being executed which is not referred to herein or the Vendors Statement which may have been made for or on behalf of the Vendor is hereby withdrawn and shall not be relied upon by the Purchaser.
The Purchaser agrees that he is not relying upon any representation made by or on behalf of the Vendor to the purchaser or a representative of the Purchaser and that the Purchaser is relying upon his own enquiries made before signing this contract.
| 301 |
This Contract represent the entire agreement.
Please ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract.
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This contract sets out all the terms and conditions of this sale and any representation or promise or warranty made prior to this contract being executed which is not referred to herein or the Vendors Statement which may have been made for or on behalf of the Vendor is hereby withdrawn and shall not be relied upon by the Purchaser.
The Purchaser agrees that he is not relying upon any representation made by or on behalf of the Vendor to the purchaser or a representative of the Purchaser and that the Purchaser is relying upon his own enquiries made before signing this contract.
| 302 |
If there is a requirement under this contract to perform an obligation, that obligation must be performed by no later than 3:30pm on the date such obligation is due to be performed.
This is unreasonable and should be deleted. Completed by close of business is the standard.
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TIME FOR SETTLEMENT
If there is a requirement under this contract to perform an obligation, in particular but not limited to payment of the Balance on the Settlement Date, that obligation must be performed by no later than 3:30pm on the date such obligation is due to be performed. If such an obligation is such that its failure to be completed gives rise to a default by the party responsible for performing that obligation, then the party who fails to perform that obligation by the stated time on the date shall be in default.
| 303 |
If there is a requirement under this contract to perform an obligation, that obligation must be performed by no later than 3:30pm on the date such obligation is due to be performed.
This is unreasonable and should be deleted. Completed by close of business is the standard.
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If there is a requirement under this contract to perform an obligation, in particular but not limited to payment of the Balance on the Settlement Date, that obligation must be performed by no later than 3:30pm on the date such obligation is due to be performed. If such an obligation is such that its failure to be completed gives rise to a default by the party responsible for performing that obligation, then the party who fails to perform that obligation by the stated time on the date shall be in default.
| 304 |
If there is a requirement under this contract to perform an obligation, that obligation must be performed by no later than 1:30pm on the date such obligation is due to be performed.
This is unreasonable and should be deleted. Completed by close of business is the standard.
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TIME FOR SETTLEMENT
If there is a requirement under this contract to perform an obligation, in particular but not limited to payment of the Balance on the Settlement Date, that obligation must be performed by no later than 1:30pm on the date such obligation is due to be performed. If such an obligation is such that its failure to be completed gives rise to a default by the party responsible for performing that obligation, then the party who fails to perform that obligation by the stated time on the date shall be in default.
| 305 |
If there is a requirement under this contract to perform an obligation, that obligation must be performed by no later than 1:30pm on the date such obligation is due to be performed.
This is unreasonable and should be deleted. Completed by close of business is the standard.
|
If there is a requirement under this contract to perform an obligation, in particular but not limited to payment of the Balance on the Settlement Date, that obligation must be performed by no later than 1:30pm on the date such obligation is due to be performed. If such an obligation is such that its failure to be completed gives rise to a default by the party responsible for performing that obligation, then the party who fails to perform that obligation by the stated time on the date shall be in default.
| 306 |
If there is a requirement under this contract to perform an obligation, that obligation must be performed by no later than 4:15pm on the date such obligation is due to be performed.
This is unreasonable and should be deleted. Completed by close of business is the standard.
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TIME FOR SETTLEMENT
If there is a requirement under this contract to perform an obligation, in particular but not limited to payment of the Balance on the Settlement Date, that obligation must be performed by no later than 4:15pm on the date such obligation is due to be performed. If such an obligation is such that its failure to be completed gives rise to a default by the party responsible for performing that obligation, then the party who fails to perform that obligation by the stated time on the date shall be in default.
| 307 |
If there is a requirement under this contract to perform an obligation, that obligation must be performed by no later than 4:15pm on the date such obligation is due to be performed.
This is unreasonable and should be deleted. Completed by close of business is the standard.
|
If there is a requirement under this contract to perform an obligation, in particular but not limited to payment of the Balance on the Settlement Date, that obligation must be performed by no later than 4:15pm on the date such obligation is due to be performed. If such an obligation is such that its failure to be completed gives rise to a default by the party responsible for performing that obligation, then the party who fails to perform that obligation by the stated time on the date shall be in default.
| 308 |
If there is a requirement under this contract to perform an obligation, that obligation must be performed by no later than 11:00am on the date such obligation is due to be performed.
This is unreasonable and should be deleted. Completed by close of business is the standard.
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TIME FOR SETTLEMENT
If there is a requirement under this contract to perform an obligation, in particular but not limited to payment of the Balance on the Settlement Date, that obligation must be performed by no later than 11:00am on the date such obligation is due to be performed. If such an obligation is such that its failure to be completed gives rise to a default by the party responsible for performing that obligation, then the party who fails to perform that obligation by the stated time on the date shall be in default.
| 309 |
If there is a requirement under this contract to perform an obligation, that obligation must be performed by no later than 11:00am on the date such obligation is due to be performed.
This is unreasonable and should be deleted. Completed by close of business is the standard.
|
If there is a requirement under this contract to perform an obligation, in particular but not limited to payment of the Balance on the Settlement Date, that obligation must be performed by no later than 1a:00am on the date such obligation is due to be performed. If such an obligation is such that its failure to be completed gives rise to a default by the party responsible for performing that obligation, then the party who fails to perform that obligation by the stated time on the date shall be in default.
| 310 |
The Property is sold subject to any restrictions on the land including easements and covenants.
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RESTRICTIONS
The property is sold subject to all restrictions, easements, covenants, leases, encumbrances, encumbrances and all implied easements, encumbrances and restrictions and any rights of any other person, whether they are disclosed or not. The Purchaser accepts the location of all buildings and shall not make any claim whatsoever or delay settlement in relation thereto.
| 311 |
The Property is sold subject to any restrictions on the land including easements and covenants.
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The property is sold subject to all restrictions, easements, covenants, leases, encumbrances, encumbrances and all implied easements, encumbrances and restrictions and any rights of any other person, whether they are disclosed or not. The Purchaser accepts the location of all buildings and shall not make any claim whatsoever or delay settlement in relation thereto.
| 312 |
The Purchaser buys the property as a result of their own inspections and enquiries of the property and no claim can be made in respect of the condition or state of repair of the property as at the date of sale or any fair wear and tear thereafter.
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BUILDINGS AND ASSETS
The Purchaser acknowledges that his decision to purchase the property has been as a result of his own inspections and enquiries of the property and all structures, buildings and other assets of the property. It is agreed between the parties that the Purchaser shall not be entitled to make any claim for compensation or objection whatsoever in respect of condition/ state of repair of the property as at the date of sale or any fair wear and tear thereafter.
| 313 |
The Purchaser buys the property as a result of their own inspections and enquiries of the property and no claim can be made in respect of the condition or state of repair of the property as at the date of sale or any fair wear and tear thereafter.
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The Purchaser acknowledges that his decision to purchase the property has been as a result of his own inspections and enquiries of the property and all structures, buildings and other assets of the property. It is agreed between the parties that the Purchaser shall not be entitled to make any claim for compensation or objection whatsoever in respect of condition/ state of repair of the property as at the date of sale or any fair wear and tear thereafter.
| 314 |
No claim can be made for any failure of the property or any works completed with relevant laws or regulations.
We recommend a Building and Pest Inspection is carried out on the Property to ensure it is in good condition and compliant.
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The Purchaser acknowledges that any improvements on the property may be subject to Victorian Building Regulations, Municipal By-Laws, relevant statutes and/or any other regulations thereunder and any repealed laws which effected the construction of any structures. The Purchaser shall not claim any compensation nor require the Vendor to comply with any of those laws or regulations (including having any final inspections carried out, installing pool fences or installing smoke detectors or installing firefighting equipment or other essential safety measures) should there be any failure to comply with any one or more of those laws or regulations and this shall not constitute a defect in the Vendors Title.
| 315 |
The chattels, fittings and assets being sold are sold in their current condition and subject to any defects or deficiencies.
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The purchaser acknowledges and declares that they have inspected or have had inspected on their behalf the chattels, fittings and assets being sold in this contract at or prior to the time of signing and are aware of any deficiencies or defects. Therefore, the Purchaser shall not claim compensation or make an objection at settlement based on the working order of any fittings or other assets of the property at or before settlement.
| 316 |
The Purchaser enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors’ Statement
Please ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract.
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Purchasers Warranties
a. The Purchaser warrants to the Vendor that it is empowered to enter this Contract and can do so without consent from any other person or has already obtained that consent.
b. The Purchaser warrants to the Vendor that is it not prohibited by or under any law including without limitation the Foreign Acquisitions and Takeovers Act 1975 from entering into or competing this Contract.
c. The Purchaser warrants to the Vendor that it enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors' Statement.
| 317 |
The Purchaser enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors’ Statement
Please ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract.
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a. The Purchaser warrants to the Vendor that it is empowered to enter this Contract and can do so without consent from any other person or has already obtained that consent.
b. The Purchaser warrants to the Vendor that is it not prohibited by or under any law including without limitation the Foreign Acquisitions and Takeovers Act 1975 from entering into or competing this Contract.
c. The Purchaser warrants to the Vendor that it enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors' Statement.
| 318 |
The Purchaser enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors’ Statement
Please ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract.
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Purchasers Warranties
The Purchaser warrants to the Vendor that it is empowered to enter this Contract and can do so without consent from any other person or has already obtained that consent.
The Purchaser warrants to the Vendor that is it not prohibited by or under any law including without limitation the Foreign Acquisitions and Takeovers Act 1975 from entering into or competing this Contract.
The Purchaser warrants to the Vendor that it enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors' Statement.
| 319 |
The Purchaser enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors’ Statement
Please ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract.
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The Purchaser warrants to the Vendor that it is empowered to enter this Contract and can do so without consent from any other person or has already obtained that consent.
The Purchaser warrants to the Vendor that is it not prohibited by or under any law including without limitation the Foreign Acquisitions and Takeovers Act 1975 from entering into or competing this Contract.
The Purchaser warrants to the Vendor that it enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors' Statement.
| 320 |
The Land is sold subject to any planning restrictions
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The Land is sold subject to any restriction as to user imposed by law or by any authority with power under any legislation to control the use of land. Any such restriction shall not constitute a defect in title or a matter of title or affect the validity of this Contract and the Purchaser shall not make any requisition, objection, or claim or be entitled to compensation or damages from the Vendor in respect thereof.
| 321 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 14 days prior to settlement.
There is another nomination special condition at condition 20 that is contradictory to this condition.
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Any Provision in this Contract enabling the right of nomination shall not be exercised by the Purchaser unless from the time of signing of this contract he/she provides the Vendor or the Vendors Conveyancer or agents with the identity of the any undisclosed Purchaser and undertakes to provide documented evidence of his intention to purchase the subject property with or on behalf of any other Purchasers not less than 14 days prior to the settlement date. Failure by the purchasers to forward such documented evidence will result in the contract being able to be extended by up to a 14-day period from the settlement date. In such instance the Vendor can exercise such right and charge the Purchaser the interest penalty at the rate set out in Special Condition 9 of this contract. Any nomination under this contract must be in writing and executed by the named Purchaser and the substitute or additional Purchaser and be accompanied by a copy of the statutory declaration made by the named purchaser for stamp duty purposes.
| 322 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 30 days prior to settlement.
There is another nomination special condition at condition 20 that is contradictory to this condition.
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Any Provision in this Contract enabling the right of nomination shall not be exercised by the Purchaser unless from the time of signing of this contract he/she provides the Vendor or the Vendors Conveyancer or agents with the identity of the any undisclosed Purchaser and undertakes to provide documented evidence of his intention to purchase the subject property with or on behalf of any other Purchasers not less than 30 days prior to the settlement date. Failure by the purchasers to forward such documented evidence will result in the contract being able to be extended by up to a 30-day period from the settlement date. In such instance the Vendor can exercise such right and charge the Purchaser the interest penalty at the rate set out in Special Condition 9 of this contract. Any nomination under this contract must be in writing and executed by the named Purchaser and the substitute or additional Purchaser and be accompanied by a copy of the statutory declaration made by the named purchaser for stamp duty purposes.
| 323 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 60 days prior to settlement.
There is another nomination special condition at condition 20 that is contradictory to this condition.
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Any Provision in this Contract enabling the right of nomination shall not be exercised by the Purchaser unless from the time of signing of this contract he/she provides the Vendor or the Vendors Conveyancer or agents with the identity of the any undisclosed Purchaser and undertakes to provide documented evidence of his intention to purchase the subject property with or on behalf of any other Purchasers not less than 60 days prior to the settlement date. Failure by the purchasers to forward such documented evidence will result in the contract being able to be extended by up to a 60-day period from the settlement date. In such instance the Vendor can exercise such right and charge the Purchaser the interest penalty at the rate set out in Special Condition 9 of this contract. Any nomination under this contract must be in writing and executed by the named Purchaser and the substitute or additional Purchaser and be accompanied by a copy of the statutory declaration made by the named purchaser for stamp duty purposes.
| 324 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 30 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
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The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser ("the Contract") for the payment of the residue as defined in the Contract ("the Due Date") the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
a) All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
b) Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
c) Accommodation expenses necessarily incurred by the Vendor
d) Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
e) Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
f) If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 30 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 325 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 30 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
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The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser ("the Contract") for the payment of the residue as defined in the Contract ("the Due Date") the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
Accommodation expenses necessarily incurred by the Vendor
Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 30 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 326 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 30 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
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The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser for the payment of the residue as defined in the Contract ("the Due Date") the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
a) All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
b) Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
c) Accommodation expenses necessarily incurred by the Vendor
d) Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
e) Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
f) If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 30 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 327 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 30 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
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The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser ("the Contract") for the payment of the residue as defined in the Contract the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
a) All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
b) Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
c) Accommodation expenses necessarily incurred by the Vendor
d) Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
e) Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
f) If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 30 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 328 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 30 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser for the payment of the residue as defined in the Contract the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
a) All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
b) Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
c) Accommodation expenses necessarily incurred by the Vendor
d) Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
e) Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
f) If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 30 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 329 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 30 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
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The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser for the payment of the residue as defined in the Contract ("the Due Date") the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
Accommodation expenses necessarily incurred by the Vendor
Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 30 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 330 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 30 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
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The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser ("the Contract") for the payment of the residue as defined in the Contract the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
Accommodation expenses necessarily incurred by the Vendor
Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 30 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 331 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 30 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser for the payment of the residue as defined in the Contract the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
Accommodation expenses necessarily incurred by the Vendor
Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 30 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 332 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 60 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser ("the Contract") for the payment of the residue as defined in the Contract ("the Due Date") the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
a) All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
b) Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
c) Accommodation expenses necessarily incurred by the Vendor
d) Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
e) Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
f) If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 60 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement. If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 333 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 60 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser ("the Contract") for the payment of the residue as defined in the Contract ("the Due Date") the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
Accommodation expenses necessarily incurred by the Vendor
Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 60 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 334 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 60 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser for the payment of the residue as defined in the Contract ("the Due Date") the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
a) All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
b) Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
c) Accommodation expenses necessarily incurred by the Vendor
d) Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
e) Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
f) If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 60 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 335 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 60 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser ("the Contract") for the payment of the residue as defined in the Contract the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
a) All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
b) Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
c) Accommodation expenses necessarily incurred by the Vendor
d) Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
e) Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
f) If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 60 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 336 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 60 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser for the payment of the residue as defined in the Contract the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
a) All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
b) Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
c) Accommodation expenses necessarily incurred by the Vendor
d) Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
e) Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
f) If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 60 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 337 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 60 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser for the payment of the residue as defined in the Contract ("the Due Date") the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
Accommodation expenses necessarily incurred by the Vendor
Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 60 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 338 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 60 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser ("the Contract") for the payment of the residue as defined in the Contract the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
Accommodation expenses necessarily incurred by the Vendor
Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 60 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 339 |
If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 60 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.
9(1)(f) is unreasonable and should be deleted.
|
The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser for the payment of the residue as defined in the Contract the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in
accordance with the terms of the Contract:
All costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.
Interest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.
Accommodation expenses necessarily incurred by the Vendor
Additional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.
Penalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.
If settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 60 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement.
If applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.
In the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.
| 340 |
The purchaser will pay the sum of eighty-eight dollars for any finance & or deposit extension request.
This is unreasonable and should be deleted.
|
The purchaser will pay to the vendor on settlement the sum of eighty-eight dollars for any finance & or deposit extension request. Such cost is to cover the vendors' representative for the additional work completed for such request by the purchaser. It will be payable on settlement regardless of whether any such request is granted or not, by the vendors' representative and will be shown in the final adjustments.
| 341 |
The purchaser will pay the sum of twenty-two dollars for any finance & or deposit extension request.
This is unreasonable and should be deleted.
|
The purchaser will pay to the vendor on settlement the sum of twenty-two dollars for any finance & or deposit extension request. Such cost is to cover the vendors' representative for the additional work completed for such request by the purchaser. It will be payable on settlement regardless of whether any such request is granted or not, by the vendors' representative and will be shown in the final adjustments.
| 342 |
The purchaser will pay the sum of thirty dollars for any finance & or deposit extension request.
This is unreasonable and should be deleted.
|
The purchaser will pay to the vendor on settlement the sum thirty dollars for any finance & or deposit extension request. Such cost is to cover the vendors' representative for the additional work completed for such request by the purchaser. It will be payable on settlement regardless of whether any such request is granted or not, by the vendors' representative and will be shown in the final adjustments.
| 343 |
If the Contract is subject to finance and you do not receive finance, you can only terminate the contract if you provide a letter from your bank stating your loan has been declined.
You should have this clause deleted if you are making the contract subject to finance.
|
The Purchaser acknowledges that should this contract be subject to finance of any description, as is noted on the Particulars of
Sale in this contract, then General Condition 20.2(c) is to be deleted and the following sentence is to be inserted; "serves written notice ending the contract on the vendors representative on or by 5.00pm on the approval date".
11. 1. In addition, such notice MUST
Be provided to the Vendors Representative by email means only;
Be generated only from an approved lending institution;
Be signed and dated by the authorised representative of such approved lending institution;
Not be issued by a mortgage broker, loan originator or similar;
Be on a formal letter head from the approved lending institution that the loan application was applied to;
11.2 It is further agreed between the parties.
a. Any Failure to comply will Special Condition 11.1 (a,b,c,d&e) will not constitute an end to this contract when subject
to Finance approval or the like.
- That this contract is now deemed unconditional in relation to finance approval.
11.3 In the event finance decline is advised to the vendors representative in accordance with special condition 11.1.a then the vendor allows such formal decline letter in accordance with special conditions 11.1b,c & d to be provided within 3 business days of the purchaser or their representative advising that finance has been declined. Such letter must be dated as of or before the date of notification to the vendors representative.
| 344 |
If the Contract is subject to finance and you do not receive finance, you can only terminate the contract if you provide a letter from your bank stating your loan has been declined.
You should have this clause deleted if you are making the contract subject to finance.
|
The Purchaser acknowledges that should this contract be subject to finance of any description, as is noted on the Particulars of
Sale in this contract, then General Condition 20.2(c) is to be deleted and the following sentence is to be inserted; "serves written notice ending the contract on the vendors representative on or by 5.00pm on the approval date".
In addition, such notice MUST
Be provided to the Vendors Representative by email means only;
Be generated only from an approved lending institution;
Be signed and dated by the authorised representative of such approved lending institution;
Not be issued by a mortgage broker, loan originator or similar;
Be on a formal letter head from the approved lending institution that the loan application was applied to;
It is further agreed between the parties.
a. Any Failure to comply will Special Condition 11.1 (a,b,c,d&e) will not constitute an end to this contract when subject
to Finance approval or the like.
- That this contract is now deemed unconditional in relation to finance approval.
In the event finance decline is advised to the vendors representative in accordance with special condition 11.1.a then the vendor allows such formal decline letter in accordance with special conditions 11.1b,c & d to be provided within 3 business days of the purchaser or their representative advising that finance has been declined. Such letter must be dated as of or before the date of notification to the vendors representative.
| 345 |
If the Contract is subject to finance and you do not receive finance, you can only terminate the contract if you provide a letter from your bank stating your loan has been declined.
You should have this clause deleted if you are making the contract subject to finance.
|
The Purchaser acknowledges that should this contract be subject to finance of any description, as is noted on the Particulars of
Sale in this contract, then General Condition 20.2(c) is to be deleted and the following sentence is to be inserted; "serves written notice ending the contract on the vendors representative on or by 4.30pm on the approval date".
11. 1. In addition, such notice MUST
Be provided to the Vendors Representative by email means only;
Be generated only from an approved lending institution;
Be signed and dated by the authorised representative of such approved lending institution;
Not be issued by a mortgage broker, loan originator or similar;
Be on a formal letter head from the approved lending institution that the loan application was applied to;
11.2 It is further agreed between the parties.
a. Any Failure to comply will Special Condition 11.1 (a,b,c,d&e) will not constitute an end to this contract when subject
to Finance approval or the like.
- That this contract is now deemed unconditional in relation to finance approval.
11.3 In the event finance decline is advised to the vendors representative in accordance with special condition 11.1.a then the vendor allows such formal decline letter in accordance with special conditions 11.1b,c & d to be provided within 3 business days of the purchaser or their representative advising that finance has been declined. Such letter must be dated as of or before the date of notification to the vendors representative.
| 346 |
If the Contract is subject to finance and you do not receive finance, you can only terminate the contract if you provide a letter from your bank stating your loan has been declined.
You should have this clause deleted if you are making the contract subject to finance.
|
The Purchaser acknowledges that should this contract be subject to finance of any description, as is noted on the Particulars of
Sale in this contract, then General Condition 20.2(c) is to be deleted and the following sentence is to be inserted; "serves written notice ending the contract on the vendors representative on or by 4.30pm on the approval date".
In addition, such notice MUST
Be provided to the Vendors Representative by email means only;
Be generated only from an approved lending institution;
Be signed and dated by the authorised representative of such approved lending institution;
Not be issued by a mortgage broker, loan originator or similar;
Be on a formal letter head from the approved lending institution that the loan application was applied to;
It is further agreed between the parties.
a. Any Failure to comply will Special Condition 11.1 (a,b,c,d&e) will not constitute an end to this contract when subject
to Finance approval or the like.
- That this contract is now deemed unconditional in relation to finance approval.
In the event finance decline is advised to the vendors representative in accordance with special condition 11.1.a then the vendor allows such formal decline letter in accordance with special conditions 11.1b,c & d to be provided within 3 business days of the purchaser or their representative advising that finance has been declined. Such letter must be dated as of or before the date of notification to the vendors representative.
| 347 |
If the Contract is subject to finance and you do not receive finance, you can only terminate the contract if you provide a letter from your bank stating your loan has been declined.
You should have this clause deleted if you are making the contract subject to finance.
|
The Purchaser acknowledges that should this contract be subject to finance of any description, as is noted on the Particulars of
Sale in this contract, then General Condition 20.2(c) is to be deleted and the following sentence is to be inserted; "serves written notice ending the contract on the vendors representative on or by 11.15am on the approval date".
11. 1. In addition, such notice MUST
Be provided to the Vendors Representative by email means only;
Be generated only from an approved lending institution;
Be signed and dated by the authorised representative of such approved lending institution;
Not be issued by a mortgage broker, loan originator or similar;
Be on a formal letter head from the approved lending institution that the loan application was applied to;
11.2 It is further agreed between the parties.
a. Any Failure to comply will Special Condition 11.1 (a,b,c,d&e) will not constitute an end to this contract when subject
to Finance approval or the like.
- That this contract is now deemed unconditional in relation to finance approval.
11.3 In the event finance decline is advised to the vendors representative in accordance with special condition 11.1.a then the vendor allows such formal decline letter in accordance with special conditions 11.1b,c & d to be provided within 3 business days of the purchaser or their representative advising that finance has been declined. Such letter must be dated as of or before the date of notification to the vendors representative.
| 348 |
If the Contract is subject to finance and you do not receive finance, you can only terminate the contract if you provide a letter from your bank stating your loan has been declined.
You should have this clause deleted if you are making the contract subject to finance.
|
The Purchaser acknowledges that should this contract be subject to finance of any description, as is noted on the Particulars of
Sale in this contract, then General Condition 20.2(c) is to be deleted and the following sentence is to be inserted; "serves written notice ending the contract on the vendors representative on or by 11.15am on the approval date".
In addition, such notice MUST
Be provided to the Vendors Representative by email means only;
Be generated only from an approved lending institution;
Be signed and dated by the authorised representative of such approved lending institution;
Not be issued by a mortgage broker, loan originator or similar;
Be on a formal letter head from the approved lending institution that the loan application was applied to;
It is further agreed between the parties.
a. Any Failure to comply will Special Condition 11.1 (a,b,c,d&e) will not constitute an end to this contract when subject
to Finance approval or the like.
- That this contract is now deemed unconditional in relation to finance approval.
In the event finance decline is advised to the vendors representative in accordance with special condition 11.1.a then the vendor allows such formal decline letter in accordance with special conditions 11.1b,c & d to be provided within 3 business days of the purchaser or their representative advising that finance has been declined. Such letter must be dated as of or before the date of notification to the vendors representative.
| 349 |
Certificates submitted for adjustments must have been issued not more than 55 days prior to the settlement date and provided to the vendor at least 3 business days prior to the settlement date. An administration fee of $220 will be charged to the purchaser for failing to comply with this condition.
This is unreasonable and should be deleted.
|
The purchaser must and agrees to provide a copy of all certificates purchased by them or obtained in any shape or form, to complete any adjustments. Such searches & or certificates submitted, must have an issue date by the relevant authority, or organisation, issuing such search or certificate of not more than 55 days, prior, to the settlement date. The date of issue on the relevant search or certificate will be accepted as the date issued by such authority or organisation. Adjustments and searches or certificates must be submitted to the vendors representative at least 3 business days prior, to the settlement date, but only, via email transmission.
Failure to comply with the condition: -
The vendor Will not be obliged to provide cheque directions, up to 3 business days after the purchaser has complied with this condition. The purchaser agrees that they will be in default of this contract and the Vendor will be entitled to delay settlement by up to a further three business days after receipt of adjustments and searches or certificates in full at the purchaser's expense.
An administration fee of $220 will be charged to the purchaser for failing to comply with this condition in addition to any default notice cost issued. Further to the above: -
Should any search or certificate relied upon by the purchaser as part of the adjustment submission, not be purchased by the purchaser from the relevant authority or organisation, then its agreed that, for any part of the adjustments that was obtained, but not purchased, to complete the adjustments, the purchaser will forfeit any ability to re adjust after settlement has been completed. This condition will not merge on settlement.
| 350 |
Certificates submitted for adjustments must have been issued not more than 30 days prior to the settlement date and provided to the vendor at least 5 business days prior to the settlement date. An administration fee of $350 will be charged to the purchaser for failing to comply with this condition.
This is unreasonable and should be deleted.
|
The purchaser must and agrees to provide a copy of all certificates purchased by them or obtained in any shape or form, to complete any adjustments. Such searches & or certificates submitted, must have an issue date by the relevant authority, or organisation, issuing such search or certificate of not more than 30 days, prior, to the settlement date. The date of issue on the relevant search or certificate will be accepted as the date issued by such authority or organisation. Adjustments and searches or certificates must be submitted to the vendors representative at least 3 business days prior, to the settlement date, but only, via email transmission.
Failure to comply with the condition: -
The vendor Will not be obliged to provide cheque directions, up to 5 business days after the purchaser has complied with this condition. The purchaser agrees that they will be in default of this contract and the Vendor will be entitled to delay settlement by up to a further three business days after receipt of adjustments and searches or certificates in full at the purchaser's expense.
An administration fee of $350 will be charged to the purchaser for failing to comply with this condition in addition to any default notice cost issued. Further to the above: -
Should any search or certificate relied upon by the purchaser as part of the adjustment submission, not be purchased by the purchaser from the relevant authority or organisation, then its agreed that, for any part of the adjustments that was obtained, but not purchased, to complete the adjustments, the purchaser will forfeit any ability to re adjust after settlement has been completed. This condition will not merge on settlement.
| 351 |
Certificates submitted for adjustments must have been issued not more than 15 days prior to the settlement date and provided to the vendor at least 15 business days prior to the settlement date. An administration fee of $820 will be charged to the purchaser for failing to comply with this condition.
This is unreasonable and should be deleted.
|
The purchaser must and agrees to provide a copy of all certificates purchased by them or obtained in any shape or form, to complete any adjustments. Such searches & or certificates submitted, must have an issue date by the relevant authority, or organisation, issuing such search or certificate of not more than 15 days, prior, to the settlement date. The date of issue on the relevant search or certificate will be accepted as the date issued by such authority or organisation. Adjustments and searches or certificates must be submitted to the vendors representative at least 3 business days prior, to the settlement date, but only, via email transmission.
Failure to comply with the condition: -
The vendor Will not be obliged to provide cheque directions, up to 15 business days after the purchaser has complied with this condition. The purchaser agrees that they will be in default of this contract and the Vendor will be entitled to delay settlement by up to a further three business days after receipt of adjustments and searches or certificates in full at the purchaser's expense.
An administration fee of $820 will be charged to the purchaser for failing to comply with this condition in addition to any default notice cost issued. Further to the above: -
Should any search or certificate relied upon by the purchaser as part of the adjustment submission, not be purchased by the purchaser from the relevant authority or organisation, then its agreed that, for any part of the adjustments that was obtained, but not purchased, to complete the adjustments, the purchaser will forfeit any ability to re adjust after settlement has been completed. This condition will not merge on settlement.
| 352 |
Where the Vendor has initiated the Duties Online invitation to the purchaser via the online portal and such invitation was initiated 10 business days prior to settlement, the purchaser must, within 5 business days prior to settlement, complete the
purchasers’ obligations and sign the online form otherwise the purchaser will be in default of this contract.
This is unreasonable and should be deleted.
|
Where the Vendor has initiated the invitation to the purchaser via the online portal and such invitation was initiated 10 business days prior to settlement, the purchaser must, within 5 business days prior to settlement, complete the purchasers' obligations and sign the online form. The State Revenue office portal indicates the date in which the
form was completed by the purchase. Such date noted, will be deemed as the date of completion by the purchaser. Failure by the Purchaser to complete 18 .2, the purchaser will be in default of this contract.
Such failure, may inhibit the Vendors ability to sign and complete the vendors obligation with the State Revenue office of Victoria, in this regard prior to Settlement.
| 353 |
Where the Vendor has initiated the Duties Online invitation to the purchaser via the online portal and such invitation was initiated 15 business days prior to settlement, the purchaser must, within 8 business days prior to settlement, complete the
purchasers’ obligations and sign the online form otherwise the purchaser will be in default of this contract.
This is unreasonable and should be deleted.
|
Where the Vendor has initiated the invitation to the purchaser via the online portal and such invitation was initiated 15 business days prior to settlement, the purchaser must, within 8 business days prior to settlement, complete the purchasers' obligations and sign the online form. The State Revenue office portal indicates the date in which the
form was completed by the purchase. Such date noted, will be deemed as the date of completion by the purchaser. Failure by the Purchaser to complete 18 .2, the purchaser will be in default of this contract.
Such failure, may inhibit the Vendors ability to sign and complete the vendors obligation with the State Revenue office of Victoria, in this regard prior to Settlement.
| 354 |
Where the Vendor has initiated the Duties Online invitation to the purchaser via the online portal and such invitation was initiated 30 business days prior to settlement, the purchaser must, within 10 business days prior to settlement, complete the
purchasers’ obligations and sign the online form otherwise the purchaser will be in default of this contract.
This is unreasonable and should be deleted.
|
Where the Vendor has initiated the invitation to the purchaser via the online portal and such invitation was initiated 30 business days prior to settlement, the purchaser must, within 10 business days prior to settlement, complete the purchasers' obligations and sign the online form. The State Revenue office portal indicates the date in which the
form was completed by the purchase. Such date noted, will be deemed as the date of completion by the purchaser. Failure by the Purchaser to complete 18 .2, the purchaser will be in default of this contract.
Such failure, may inhibit the Vendors ability to sign and complete the vendors obligation with the State Revenue office of Victoria, in this regard prior to Settlement.
| 355 |
In the event that the purchaser fails to comply with special condition 18.2, the vendor will be able to delay settlement by up to 5 business days from the date noted on the State Revenue Office portal that the form has been signed by the purchaser.
This is unreasonable and should be deleted
|
In the event that the purchaser fails to comply with special condition 18.2, the vendor will be able to delay settlement by up to 5
business days from the date noted on the State Revenue Office portal that the form has been signed by the purchaser.
| 356 |
In the event that the purchaser fails to comply with special condition 16.4, the vendor will be able to delay settlement by up to 7 business days from the date noted on the State Revenue Office portal that the form has been signed by the purchaser.
This is unreasonable and should be deleted
|
In the event that the purchaser fails to comply with special condition 16.4, the vendor will be able to delay settlement by up to 7
business days from the date noted on the State Revenue Office portal that the form has been signed by the purchaser.
| 357 |
In the event that the purchaser fails to comply with special condition 13, the vendor will be able to delay settlement by up to 10 business days from the date noted on the State Revenue Office portal that the form has been signed by the purchaser.
This is unreasonable and should be deleted
|
In the event that the purchaser fails to comply with special condition 13, the vendor will be able to delay settlement by up to 10
business days from the date noted on the State Revenue Office portal that the form has been signed by the purchaser.
| 358 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 359 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 360 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 361 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 362 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 363 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 364 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 365 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 366 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a nomination form: pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 367 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a nomination form: pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 368 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a nomination form: pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 369 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: 20.2
a nomination form: pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 370 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 371 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 372 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 373 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 10 Business Days before the Due Date: a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 374 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee
in
accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 10 Business Days before the Due Date:
a nomination form:
pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee;
all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments."
Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract.
The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 375 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
Nomination
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee
in
accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 10 Business Days before the Due Date:
a nomination form:
pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee;
all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments."
Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract.
The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 376 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee
in
accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 10 Business Days before the Due Date:
a nomination form:
pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee;
all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments."
Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract.
The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 377 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 10 days prior to settlement and will incur a fee of $220.
This should be deleted given they already have special condition 8 in place.
|
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee
in
accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 10 Business Days before the Due Date:
a nomination form:
pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee;
all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $220 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments."
Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract.
The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 378 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 379 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 380 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 381 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 382 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 383 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 384 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 385 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 386 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a nomination form: pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 387 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a nomination form: pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 388 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a nomination form: pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 389 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: 20.2
a nomination form: pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 390 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 391 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 392 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 393 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 15 Business Days before the Due Date: a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 394 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee
in
accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 15 Business Days before the Due Date:
a nomination form:
pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee;
all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments."
Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract.
The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 395 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
Nomination
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee
in
accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 15 Business Days before the Due Date:
a nomination form:
pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee;
all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments."
Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract.
The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 396 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
(GC4 is amended by an additional sentence as follows)
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee
in
accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 15 Business Days before the Due Date:
a nomination form:
pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee;
all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments."
Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract.
The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 397 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 15 days prior to settlement and will incur a fee of $350.
This should be deleted given they already have special condition 8 in place.
|
(a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee
in
accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
must deliver to the Vendor for approval no later than 15 Business Days before the Due Date:
a nomination form:
pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee;
all other information and/or documents required under this Special Condition 20.
Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
A cheque payable by the nominee to the Vendors representative for $350 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments."
Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract.
The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 398 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 30 days prior to settlement and will incur a fee of $430.
This should be deleted given they already have special condition 8 in place.
|
Nomination (GC4 is amended by an additional sentence as follows)
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 30 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $430 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 399 |
If you wish to nominate an additional or substitute purchaser it must be done no later than 30 days prior to settlement and will incur a fee of $430.
This should be deleted given they already have special condition 8 in place.
|
Nomination
20.1 (a) The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute
transferee in accordance with this Special Condition 20.2.
(b) All nominations of an additional or substitute transferee must first be approved by the Vendor (which approval may
be withheld at its sale discretion notwithstanding the Purchaser's submission of the documents required under Special Conditions 20.l(c)(ii), 20.3 and 20.4).
(c) If the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:
i. acknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and
ii. must deliver to the Vendor for approval no later than 30 Business Days before the Due Date: 20.2
a). a nomination form: b). pursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit (including any rebate) from the Vendor; and
c). properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and
d). a completed digital duties form (or such other documentation required by the State Revenue Office in respect of nominations) containing complete and accurate particulars about the nomination and nominee;
e). a nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; all other information and/or documents required under this Special Condition 20.
20.3 Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser (and not the nominee) is the party liable for the completion of the Contract.
20.4 A cheque payable by the nominee to the Vendors representative for $430 (including GST), in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments." 20.5 Purchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. 20.6 The Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter (including duty) 'arising from a nomination of a substitute or additional transferee.
| 400 |
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