1.1 This Contract is subject to and conditional upon the Buyer carrying out an air conditioning test with respect to the Property (Air Conditioning Test) and being satisfied in all respects with the results of such test on or before 7 days from the date of this Contract (the Air Conditioning Test Date).
1.2 The Seller agrees to permit the Buyer and its representatives, access to the Property at all reasonable times to carry out the Air Conditioning Test.
1.3 The Air Conditioning Test undertaken by the Buyer will be at the expense of the Buyer in all respects.
1.4 The Buyer must ensure that there is no disturbance or annoyances caused to the Property or the use of the Property by reason directly or indirectly of the Air Conditioning Test undertaken by the Buyer.
1.5 The Buyer must give notice to the Seller that:-
a) They have not obtained a satisfactory Air Conditioning Test by the Air Conditioning Test Date and the Buyer terminates the Contract. The Buyer may act in its absolute discretion and without being required to give any reasons; or
b) Special Condition 1.1 has been satisfied or waived by the Buyer.
1.6 The Seller may terminate this Contract by notice to the Buyer if notice is not given under Special Condition 1.5 by 5:00pm on the Air Conditioning Test Date. This is the Sellers only remedy for the Buyers failure to give notice.
1.7 The Sellers right under Special Condition 1.6 is subject to the Buyers continuing right to give written notice to the Seller of satisfaction, termination or waiver pursuant to Special Condition 1.5.
1.8 In the event that this Contract is terminated by either the Buyer or Seller pursuant to this Special Condition then the Deposit is to be refunded to the Buyer in full without deduction.