THIS DEED is dated when acceptance is registered in the logs of this website, and is made by the recipient who is the person who accepts and agrees to be bound by the terms of this Deed by clicking the button on this confidential website http://hardware-tender.info (“the Recipient”)
- The Vendor is the owner of the Confidential Information.
- The Recipient has requested to examine the Confidential Information solely for the purpose of deciding whether the Recipient should make an offer to acquire the Property and the Vendor has agreed to disclose the Confidential Information to the Recipient for that purpose.
- The Recipient has agreed that the Confidential Information is provided on the terms of this Deed.
TERMS OF THIS DEED
- Definitions and interpretation
- In this Deed, unless the context otherwise requires:
- “Authorised Person” means the officers, employees, agents, consultants and advisers of the Recipient and any person or company associated with or related, in any way, to the Recipient and to which party disclosure of the Confidential Information is reasonably required to enable the Recipient to assess whether the Property should be acquired;
- “Confidential Information” means all Content and such other information that the Vendor furnishes to the Recipient, whether orally or in writing, regarding the Property whether before or after execution of this Deed and whether directly or indirectly relating to the Property; and
- “Content” means the content of the confidential website, the address of which is http://hardware-tender.info and any other documents provided to the Recipient in whatever form;
- “The Vendor” means Aurotor Pty Ltd ACN 126 681 749 as trustee for the MBS Unit Trust;
- “Property” means 67-73 Hardware Lane, Melbourne, Victoria being the land contained in the certificates of title listed in the Schedule of Land/Property attached to the Tender Invitation contained in the Legal Package on this website.
- In this Deed, headings are for convenience only and do not affect interpretation.
- Property in confidential information
The Confidential Information is the Vendor’s property.
- In this Deed, unless the context otherwise requires:
- Recipient’s obligations ~ The Recipient shall:
- use the Confidential Information for the sole purpose of assisting it to investigate and study the feasibility of acquiring the Property;
- keep the Confidential Information confidential, secret and secure and protect it from unauthorised use, disclosure, access, damage or destruction;
- not use, provide or disclose the Confidential Information to any person except as expressly permitted in this Deed; and
- ensure that the Confidential Information (except for oral Confidential Information) is at all times in the Recipient’s possession or custody or under the Recipient’s control.
- Disclosure by Recipient to Authorised Persons: The Recipient shall only disclose the Confidential Information to Authorised Persons to whom it is necessary to disclose the Confidential Information and for whom the Recipient accepts full and unconditional responsibility whereby if an Authorised Person uses the Confidential Information in a manner that, if so used by the Recipient, would constitute a breach on the Recipient’s part of this Deed then, in such circumstances, the Recipient is deemed to be in breach of this Deed.
- Return of information: The Recipient shall immediately on request by the Vendor return all or part of the originals of the Confidential Information and, at the Vendor ’s option, return all copies of the Confidential Information or certify by the Confidential Information has been destroyed.
- Breach and injunction: The Confidential Information is secret, confidential, of a special character and of particular value to the Vendor and that, if the Recipient commits any breach of the terms of this Deed, the Vendor may suffer damage which the Vendor may seek to recover from the Recipient, that monetary damages may not be adequate compensation for the breach and the Vendor may seek an injunction from a court of competent jurisdiction if the Recipient or any Authorised Persons fail to comply with this Deed.
- No warranty
- The Vendor does not make any representation or warranty as to the accuracy or completeness of the Confidential Information and will make the Recipient’s own investigations and analysis in assessing the Confidential Information.
- The Vendor is not liable to the Recipient or the Recipient’s Authorised Persons for any loss or damage they suffer or incur as a result of using or relying on the Confidential Information.
- The Recipient acknowledges that the obligations imposed pursuant to this Deed survive its termination or the extinguishment of the Recipient’s opportunity to acquire the Property.
- A notice to or by a party to this Deed may be delivered personally to the addressee or left or sent by prepaid post to the addressee’s address first specified in this Deed.
- The laws of Victoria govern this Deed.
- Each person accepting this Deed warrants that they are duly authorised to bind the Recipient.
Potential Purchasers please note:
The content on this website (“the Content”) has been prepared by Property Edge Australia Pty Ltd and Knight Frank Australia Pty Ltd “the Agents” in consultation with the Vendor and current Managing Agent.
Apart form the documents prepared by HWL Ebsworth, nothing on this website constitutes an offer or contract of sale or any part of an offer or contract of sale.
All Content is intended only as a guide and an aid to further investigation by prospective purchasers who must access the Content on the condition that they will make their own enquiries and obtain their own independent advice in order to verify the accuracy of the Content.
The Content has been derived, in part, from sources other than the Agents and the Vendor and may be based on assumptions. In providing the Content, the Agents and the Vendor do not warrant that such Content or assumptions are accurate and correct.
To the extent that the Content includes any statement as to a future matter, that statement is provided as an estimate and/or opinion based upon the information known to the Agents and the Vendor at the date of distributing details of this website. The Agents and the Vendor do not warrant that such statements are or will be accurate or correct.
The Agents and the Vendor provide the Content on the condition that, subject to any statutory limitation on its ability to do so, the Agents and the Vendor disclaim liability under any cause of action including, but not limited to, negligence for any loss arising from reliance upon the Content.
This confidential website is for the sole use of persons directly to whom it is provided by the Agents and the Vendor and its web address or the Content are not to be resupplied to any other person without the prior written consent of the Agents.
Use by or reliance upon the Content by any other person is not authorised by the Agents or the Vendor and, without limitation to the above disclaimers, the Agents and the Vendor are not liable for any loss arising from such unauthorised use or reliance.
The Agents and the Vendor confirm that all financial information is provided without reference to the possible impact of GST, if any.
Prospective purchasers must make their own assessment of the impact of GST on the financial information, after obtaining expert professional advice.