Mount Isa Special Conditions

Standard Conditions used in Mount Isa Contracts (as approved by Mt Isa Law firms/Agents)

ANNEXURE “A” REFERRED TO IN SPECIAL CONDITIONS
[insert address] Qld 4825

1. ELECTRICAL, BUILDING AND PEST INSPECTIONS

This contract is subject to and conditional upon Clause 4 of the Standard Terms of this Contract being deemed to include the right of the Buyer to obtain written Electrical, Building and Pest Inspection Reports by the Inspection Date herein, and all provisions of Clause 4 shall apply to this condition.

2. PERMITS AND FINAL INSPECTION CERTIFICATES

a) This Contract is subject to and conditional upon the buyer being satisfied within 21 days of the date of this Contract (Approval Date) that all approvals, consents, permits and final inspection certificates required by the Mount Isa City Council or other relevant statutory authority have been obtained and/or issued by the Mount Isa City Council or other relevant statutory authority, in respect to all improvements on the property.

b) If the Buyer is not satisfied that all approvals, consents, permits and final inspection certificates have been issued by the Mount Isa City Council or other relevant statutory authority, for all improvements on the property, then the Buyer by way of notice in writing to the Seller or Seller’s Solicitor shall have until 5:00pm on the Approval Date, to require the Seller to do all such things as may be necessary to obtain such approval, consent, permit and/or final inspection certificate and deliver same to the Buyer and/or Buyer’s Solicitor prior to settlement being effected.

(c ) If the Seller fails to obtain and provide to the Buyer or Buyer’s Solicitor such approval, consent, permit and/or final inspection certificate prior to settlement, then the Buyer may terminate this contract in which case all monies paid by the Buyer shall be refunded in full to the Buyer.

3. SHORTFALL OF COMMISSION

The Seller authorises the Deposit Holder to deduct the agreed commission as per the Tax Invoice provided. If the Deposit Holder is not the Selling Agent, then the Seller hereby irrevocably authorises the Deposit Holder to pay such Commission to the Agent as agreed and confirmed in the Tax Invoice provided.

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BUYER SELLER

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WITNESS WITNESS

Cont: “Annexure A” [insert property address]

4. FACSIMILE/ELECTRONIC EXECUTION OF CONTRACT

a) The Buyer and Seller acknowledge that, prior to executing the Contract, each party agreed that the Contract could be communicated to them by facsimile and/or email and then signed and returned to them or their agent or solicitor by facsimile and/or email and that a facsimile or email copy of the executed Contract signed in this way would be valid and effectual as if the original signature were recorded on it.

b) Where the contract has been executed by either party to the contract by facsimile, email or other electronic means, an original contract is then also to be provided to all parties personally and not by any form of electronic communication and signed by all parties (Original Contract) and provided to the Buyer’s Solicitor prior to settlement. The parties agree that the Contract Date and all dates calculated in accordance with the Original Contract shall be the same as the Contract Date and dates recorded or calculated according to the copy of the Contract signed by electronic means (Electronic Contract) and that the Original Contract shall be deemed to be the same Contract as the Electronic Contract, despite any delay or difference in the time either or both parties signed the Electronic Contract and the Original Consent.

c) The Buyer and Seller agree that in addition to the provisions regarding notices in standard condition 10.4 of this Contract, notices may be given by either party or their solicitor by email to the other party or its solicitor using the email address last notified to the sender. Notices given by email shall be treated as given when sent, provided that the sender does not receive notice that the email has bounced.

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BUYER SELLER

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WITNESS WITNESS