1.1 This Contract is subject to and conditional upon the Buyer having a licensed tradesperson carry out an asbestos inspection and providing a written report with respect to the Property (Asbestos Report) and being satisfied in all respects with the results of such inspection and report on or before 14 days from the date of this Contract (the Asbestos Report 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 Asbestos Report.
1.3 The Asbestos Report 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 Asbestos Report undertaken by the Buyer.
1.5 The Buyer must give notice to the Seller that:-
a) They have not obtained a satisfactory Asbestos Report by the Asbestos Report 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 Asbestos Report 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.