1.1 This property is sold by the Seller and accepted by the Buyer on an “As Is, Where Is” basis.
1.2 The buyer has relied upon their own investigations and judgement in assessing:
2.1 The quality, condition or state of repair of the Property and improvements (including but not limited to pest infestations or building defects of any kind);
2.2 The location and boundaries of the property (including but not limited to any and all encroachments and / or misdescriptions);
2.3 The encumbrances on the title, registered or unregistered, (with the exception of any mortgage, writ or caveat which must be released at or by settlement);
2.4 The requirements of any competent authority including but not limited to outstanding requisitions, notices, approvals, certifications, inspections or other requirements of any kind;
2.5 Whether there are any current or threatened claims, notices or proceedings against the Seller which may lead to a judgement, order or writ affecting the Property;
2.6 Whether the land is contaminated, or activities were conducted on the Land which could lead to contamination of the Land;
2.7 Whether the Land is to be resumed or will be affected by any transport infrastructure;
2.8 Whether the present use of the Property is lawful; and
2.9 Whether the Property is heritage listed, and hereby waives any right they may have under the Contract or otherwise to terminate this Contract or to claim compensation from the Seller or any related party in connection with the above mentioned matters.
1.3 Standard conditions 4.2, 7.4(1), 7.4(2)(d), 7.4(4)-(5), 7.5(2)-(4) inclusive, 7.6, 7.7 are deleted.
1.4 Any valid notice or order by any competent authority (including but not limited to an outstanding enforcement notice or outstanding show cause notice) or Court requiring work to be done or money spent in relation to the Property must be fully complied with by the Buyer regardless of the date of issue.
1.5 In the event there is an inconsistency between the Standard Conditions and Special Conditions, then the Special Conditions shall prevail.