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Copyright © 1997-1999 Steers Pty Ltd ABN 97 002 663 443

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Special Conditions - Plant & Building


1. INTERPRETATION

1.1 In these special conditions, unless the context otherwise requires:

"Purchaser" means the Purchaser of a lot and that Purchaser's servants, agents, licensees, contractors and subcontractors.

"Standard Conditions" means the standard conditions of sale published or included in the catalogue of sale annexed hereto (or, if no catalogue is annexed hereto, the catalogue displayed at the sale).

1.2 Words importing the singular number shall include the plural number and vice versa, words importing any gender shall include each other gender and words importing individuals shall include corporations and vice versa.

1.3 Where any party consists of more than one person the liability inter se of such persons as comprise that party to other parties shall be joint and several.

1.4 Reference to any party include that party's successors and permitted substitutes or assigns.

1.5 In case of any inconsistency between the terms of the Standard Conditions and the terms of these Special Conditions, the terms of these Special Conditions shall prevail.

2. PAYMENT

2.1 Notwithstanding the provisions of the Standard Conditions, payment of the full purchase price shall be made by one of the following methods:
(a) in cash,
(b) by unendorsed bank cheque in favour of
STEERS PTY. LIMITED Trust Account, or
(c) by Telegraphic Transfer to the account of
Steers Pty. Limited Trust Account at
ANZ bank Broadway No: 012 030 2165 13833

2.2 Payment may in the case of method (a) or (b) be made to the auctioneer on site during or immediately after the sale or to Steers Pty. Limited, Suite 3, 5 Victoria Road, Parramatta, N.S.W., 2150.

2.3 Payment must be received by the Auctioneer or (in the case of method (c) into the said Trust Account by no later than 4.00p.m. Two Working Days After The Auction.

3. PRIOR USE OF PROPERTY

The Purchaser acknowledges that the Property has been used as an abattoir and that asbestos and/or other dangerous or hazardous chemicals and contaminants have been used in the construction of the improvements erected on the Property and in the use of the Property. The Purchaser acknowledges that he has inspected the Property and the improvements erected thereon and has satisfied himself as to the presence of asbestos and other chemicals and contaminants.

4. DISMANTLING AND REMOVAL

4.1 The purchaser shall be responsible to engage only licenced and insured persons for the dismantling and removal of each Lot from the property in accordance with the delivery schedule set out in Special Conditions 5.3.

4.2 Before commencing to dismantle and remove any Lot, the Purchaser must report to the vendor's engineer/supervisor on site and shall accept all reasonable directions from such engineer/supervisor regarding the dismantling and removal of the Lot.

4.3 If in the course of dismantling or removing any Lot, the Purchaser exposes, disturbs or otherwise encounters any asbestos (or material containing asbestos) or any other hazardous or dangerous chemical or contaminant, the Purchaser shall at his own expense remove from the property and dispose of such asbestos or other chemical or contaminant in accordance with the legislation and regulations governing such removal or disposal. The Purchaser acknowledges that he has satisfied himself regarding all such legislation and regulations. The Purchaser hereby indemnifies the Vendor against any loss or damage sustained by the Vendor either directly or indirectly as a result of the breach of this Special Condition by the Purchaser.

4.4 For the purpose of dismantling and removal of lots, the opening of certain walls or roofs to gain access will be permitted. Particulars will be provided at the time of sale together with details of restitution, if any, to be undertaken by the Purchaser.

4.5 The Purchaser shall dismantle and remove each lot in accordance with all relevant safety legislation and regulations and in accordance with accepted work practices. The Purchaser shall at his own expense remove from the property and properly dispose of all rubbish and debris created during the course of dismantling and removing the lot.

4.6 The Vendor will not provide any lifting facilities for the removal of lots. Mobile crane and transport firms may be on site before and during the sale to quote for removal.

5. DELIVERY

5.1 No delivery will be permitted during the sale, but limited delivery may be permitted on each day of the sale at the conclusion of selling.

5.2 Access of delivery of Lots will be from 7.00a.m. to 4.00p.m, Monday to Friday excluding public holidays in accordance with the delivery schedule set out in Special Condition 5.3.

5.3 In the interests of safety and efficiency a delivery schedule, specifying the periods during which individual lots may be dismantled and removed, has been prepared as follows:

(a)
Unmarked Items
Portable Lots must be removed by 4 p.m. Tuesday 7th September,
1999. Fixed floor and wall lots must be removed by 4.00p.m.
Friday 10th September, 1999.

(b) Items Marked "A"
(Light Fitting etc) May NOT be worked on before
Wednesday 8th September, 1999.

(c) Items Marked "B"
(Elevated Items) May NOT be worked on before Monday 13th
September, 1999 and must be removed by Friday 24th September,
1999.

(d) Items Marked "C"
(Styrene) May not be removed before Monday 27th September,
1999 and must be removed by Friday 8th October, 1999.

(e) Items Marked "D"
(Buildings) May not be removed before Monday 4th October,
1999.

The above conditions are subject to change if authorised by site engineer/supervisor. All purchased Lots Must be removed off site by Friday 15th October, 1999. The site manager must be consulted before any lighting, electrical and plumbing are removed as certain lots must remain for safety until delivery is well under way.

5.4 The purchaser acknowledges that the Vendor reserves the right in its absolute discretion to Vary the delivery periods set out in Special Conditions 5.3 In the Interests of Safety or the Orderly Removal of Lots from the property.

5.5 Subject to the Vendor's right in its absolute discretion to vary the delivery periods, time shall be of the essence of Special Condition 5.3.

6. TITLE

6.1 Title to each lot shall pass to the purchaser in accordance with the provisions of Condition 12 of the Standard Conditions.

6.2 The Purchaser acknowledges that the Vendor has entered into an agreement or agreements for sale of the Property and that the Conpletion Date in respect of such agreements is 29th October, 1999, Pursuant to such agreement, title to any lot hereby sold which has not been removed from the Property by the settlement date will pass to the Purchaser of the Property. In order to give effect to the provisions of such agreement, the Purchaser agrees that as at the said settlement date, the Vendor shall hold all of the right title and interest in each lot hereby sold which has not been removed from the Property irrespective of the reason for non-removal and irrespective of whether title in the lot has or has not passed to the Purchaser. The Vendor shall be entitled to retain any moneys paid to it in respect of the sale of such lot and to recover as a debt due to it all moneys owing by the Purchaser upon the sale of such lot.

7. INDEMNITY

The Purchaser hereby indemnifies the Vendor and will keep the Vendor indemnified against all actions, claims, demands, losses, damages, costs and expenses for which the Vendor may become liable in respect of or arising from the entry of the Purchaser onto the Property, the dismantling and removal of the Lot, the handling and removal of asbestos and other chemicals and contaminants, or the conduct of the Purchaser generally on or about the Property.

8. GENERAL

8.1 The Purchaser acknowledges that the Vendor shall have the right to vary any of these Special Conditions or any of the Standard Conditions should the Vendor in its absolute discretion deem such variation or variations necessary provided that the Vendor or Auctioneer shall serve written notice of the variation upon the Purchaser affected by such variation at the address of the Purchaser, given to the Auctioneer at the time of the sale, or, in the case of an emergency, provided that a representative of the Vendor or the Auctioneer gives oral notice to any representative of the Purchaser present on the Property.

8.2 The Vendor reserves the right to exclude and/or forthwith to remove from the property any person or persons whom the Vendor in its opinion deems to be in breach of any safety or environmental legislation or regulation or whose conduct or work practices in the Vendor's opinion jeopardise safety or security in relation to the Property or orderly and efficient removal of Lots from the Property.

8.3 When requested Lots may be offered in one line. This will be at the absolute discretion of the Auctioneer


Contact
STEERS Pty Ltd
Auctioneers & Valuers
ABN 97 002 663 443
Suite 3, 5 Victoria Road
PO Box 6249
Parramatta NSW 2150
Australia

Ph: +61 2 9630 8482 . . Fax: +61 2 9630 8314
E-mail: info@steers-pl.com.au

Ian Arthy, Peter Olsen, Sandra Goldsmith


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