Riverhills Deposit Assurance
TERMINATION DEED TERMS AND CONDITIONS
In these terms and conditions:
(a) Seller means Dahua Group Melbourne Number 8 Pty Ltd ABN 12 585 535 255;
(b) You means the purchaser under a Contract;
(c) Contract means a binding contract of sale entered into by the Seller and You in relation to a lot at the estate known as ‘Riverhills, 130 -150 Bindt’s Road, Wollert, Victoria;
(d) Covid-19 means the Coronavirus Disease referred to as COVID-19 as defined by the World Health Organisation;
(e) Covid-19 State of Emergency means the State of Emergency declared on 16 March 2020 in relation to Covid-19 under the Public Health and Wellbeing Act 2008 (Vic);
(f) Termination Deed means the termination deed to be entered between You and the Seller to in regards to the contract termination during the Termination Period.
(g) Termination Period means the period commencing on the day of sale and ending on 31 October 2020; and
(h) Termination Notice means a notice in writing by the Purchaser terminating the Contract in accordance with this deed.
- Notwithstanding any general or special conditions under the Contract, You are entitled to terminate the Contract if You satisfy the conditions in items 2 and 3.
- You are entitled to terminate the Contract if:
(a) The Contract is entered into after 02 June 2020;
(b)You have entered into the Termination Deed with the Seller;
(c)Your employment is terminated during the Termination Period;
(d)Subject to item 3, You have provided the Seller a Termination Notice before the end of the Termination Period; and
(e)You are not in breach of the Contract at the time that You give the Termination Notice to the Seller.
3. The Termination Notice will only be effective for the purpose of item 2 if, at the same time You provide the Termination Notice, You also provides to the Seller a statutory declaration from Your employer, in a form reasonably satisfactory to the Seller. The statutory declaration must state that:
(a) Your employment has been terminated within the Termination Period; and
(b) such termination has occurred as a direct result of the existence of either Covid-19 or the Covid-19 State of Emergency.
4. The Seller has absolute discretion to decide whether the Seller will be entering into the Termination Deed.
5. If the Contract is terminated:
(a) the deposit paid under the Contract will be refunded to You together with any accrued interest less:
(i) the sum of $935.00 (inclusive of GST) representing the Seller’s reasonable legal fees in relation to such termination; and
(ii)bank and government charges incurred in relation to the deposit; and
(b) neither You nor the Seller will have any right to any compensation or any claim against the other party.