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PART A Conditions
A 1 Sale of the Purchaser's Property REINZ / NZLS
This agreement is conditional upon the purchaser obtaining an unconditional agreement for the sale of the purchaser's property situated at [ADDRESS], for $[......] or such lesser amount as the purchaser accepts on terms and conditions acceptable to the purchaser by [DATE]. This condition is inserted for the sole benefit of the purchaser.
⚠ NoteCare must be taken to ensure that any agreement entered into by the purchaser takes into account the standard time limits in this agreement. The normal cut-off time for satisfying conditions is 5.00pm (see clauses 1.1(32) and 1.2(2) of the General Terms of Sale). If in doubt specific legal advice should be obtained.
A 2 Purchaser's Existing Property Sale Being Declared Unconditional REINZ / NZLS
This agreement is conditional upon the existing agreement dated [DATE] for the sale of the purchaser's property situated at [ADDRESS] to [NAME] becoming unconditional by [DATE]. This condition is inserted for the sole benefit of the purchaser.
⚠ NoteCare must be taken to ensure correct linkage to the time limits in the purchaser's existing conditional contract and that there is sufficient time to communicate acceptance to the vendor under this contract. The normal cut-off time is 5.00pm (clauses 1.1(32) and 1.2(2) General Terms of Sale).
A 3 Settlement of Purchaser's Sale REINZ / NZLS
This agreement is conditional upon the agreement for the sale of the purchaser's property situated at [ADDRESS], settling in terms of that agreement on or before [DATE] [or within [.......] working days of the date of this agreement]. This condition is inserted for the sole benefit of the purchaser.
A 4 Expiry of Prior Option REINZ / NZLS
This agreement is conditional upon the existing option over the property previously granted by the vendor to [NAME OF THE OPTION HOLDER] not being exercised by [DATE]. This condition is inserted for the sole benefit of the vendor.
A 5 Obtaining Finance REINZ / NZLS
This agreement is conditional upon the purchaser arranging finance by [DATE] [or within [.........] working days of the date of this agreement], of an amount of $[......] [or [.........%] of the purchase price] by way of a first mortgage to be secured against the property from [NAME OF LENDER] or a similar lending institution on terms satisfactory to the purchaser. This condition is inserted for the sole benefit of the purchaser.
A 6 Lawyer's Approval REINZ / NZLS
This agreement is conditional upon the approval in all respects of the lawyer for the [vendor / purchaser] who may take into account the commercial and conveyancing aspects of this agreement and any other matters which the lawyer considers are relevant. The lawyer is entitled in his or her absolute discretion to give or withhold approval. This condition has been inserted for the benefit of the [vendor / purchaser] and is to be satisfied by [DATE] [or within [.........] working days of the date of this agreement].
⚠ NoteCourts have held that a "Lawyer's Approval" clause permits withdrawal only by reason of legal issues and not for other reasons. If full lawyer approval is required then a due diligence clause may be more appropriate.
A 7 Lawyer's Approval as to Title REINZ / NZLS
This agreement is conditional upon the purchaser's lawyer approving in all respects the title and all encumbrances and other interests or instruments registered against the title to the property by [DATE] [or within [.........] working days of the date of this agreement]. This condition is inserted for the sole benefit of the purchaser and is in substitution for the right of requisition pursuant to clause 6.0 of the General Terms of Sale.
A 8 Obtaining Building Report — Vendor Given Right to Remedy REINZ / NZLS
8.1  This agreement is conditional upon the purchaser obtaining and approving a report on the condition of any building(s) on the property including but not limited to weather tightness and structural integrity. The purchaser must obtain the report from a suitably qualified building inspector at the purchaser's cost. The vendor must upon request:
     (a) allow the building inspector engaged by the purchaser full access to the property; and
     (b) upon request by the purchaser provide any information held on the property relevant to the inspection.

8.2  If the purchaser does not approve the report the purchaser must provide a copy of the report to the vendor and give notice ("purchaser's notice") on or before [DATE] [or within [.........] working days] stating the particular matters in respect of which approval is withheld and, if those matters are reasonably capable of remedy, what the purchaser requires the vendor to do to remedy those matters. If the purchaser does not give the purchaser's notice within the time specified, the purchaser will be deemed to have approved the report.

8.3  The vendor must give notice to the purchaser ("vendor's notice") within 5 working days of receipt of the purchaser's notice advising whether or not the vendor is willing and able to comply with the purchaser's notice by the settlement date. If the vendor does not give a vendor's notice, or the vendor's notice states the vendor is unable or unwilling to comply, and if the purchaser does not within 5 working days of receipt of the vendor's notice give notice to the vendor that the purchaser waives the requirements, this condition will not have been fulfilled and clause 10.8(5) of the General Terms of Sale will apply.

8.4  If the vendor gives a vendor's notice advising that the vendor is able and willing to comply with the purchaser's notice, this condition is deemed to have been fulfilled and it will be a requirement of settlement that all the requirements contained in the purchaser's notice are complied with.

8.5  [OPTIONAL — omit if invasive inspection not required] The building inspector may open up or otherwise expose for inspection, recording, measuring or testing ("Inspection") any parts of the building(s). The purchaser must ensure that any damage occasioned by the Inspection is made good in a proper and workmanlike manner.
A 9 Building Inspection REINZ / NZLS
9.1  This agreement is conditional upon the purchaser obtaining a building inspection report and being satisfied with the condition of any building(s) on the property by 5pm on [DATE]. In the event that the purchaser is dissatisfied with any aspect of the report the purchaser may by notice in writing terminate this agreement and in such case any deposit paid must immediately be refunded in full. This clause is inserted for the sole benefit of the purchaser.

     The vendor undertakes and agrees to:
     (a) allow the building inspector employed by the purchaser full access to the property for the purposes of the inspection; and
     (b) upon request provide any information held on the property relevant to the inspection.

9.2  [OPTIONAL] The building inspector may open up or otherwise expose for inspection, recording, measuring or testing any part of the building(s). The purchaser must ensure that any damage occasioned is made good in a proper and workmanlike manner.
A 10 Obtaining Approvals and/or Resource Consent REINZ / NZLS
This agreement is conditional upon the [vendor / purchaser] obtaining at that party's own cost from the relevant local authority such approvals or consents as are required to carry out the works or development in respect of the property which that party has agreed to carry out. Such consents or permits are to be obtained upon terms and conditions acceptable to the party making the application. The party responsible must promptly make application for such consents or permits on or before [DATE] [or within [.........] working days of the date of this agreement]. This condition is inserted for the sole benefit of the [vendor / purchaser].
A 11 Director / Trustee Ratification REINZ / NZLS
The obligations of the purchaser under this agreement are suspended until the agreement has been ratified by the Directors / Trustees of the purchaser. In deciding whether to ratify the agreement, the Directors / Trustees may take into account the commercial and conveyancing aspects of the agreement and such other matters as they consider relevant. If such ratification is not given in writing by the purchaser to the vendor on or before 5.00pm on the [.........] working day after the date of this agreement, this agreement will be void and all moneys paid under it must be refunded and neither party will have any claim against the other. This condition is inserted for the sole benefit of the purchaser.
A 12 Third Party Consent REINZ / NZLS
This agreement is conditional upon the vendor obtaining written consent to this sale on terms satisfactory to the vendor from [.........] on or before [DATE] [or within [.........] working days of the date of this agreement]. This condition is inserted for the sole benefit of the vendor.
A 13 Vendor Acquiring Another Property REINZ / NZLS
This agreement is conditional upon the vendor entering into an agreement to purchase another property of the vendor's choice and upon that agreement becoming unconditional on or before [DATE] [or within [.........] working days of the date of this agreement]. This condition is inserted for the sole benefit of the vendor.
A 14 Internal Inspection of Property REINZ / NZLS
This agreement is conditional upon the purchaser inspecting and approving the state of repair and condition of the interior of the property on or before [DATE] [or within [.........] working days of the date of this agreement]. This condition is inserted on the basis that the purchaser has entered into this agreement before being able to obtain access to the interior of the property for inspection. This condition is inserted for the sole benefit of the purchaser and either party may exercise their rights under clause 10.8(5) of the General Terms of Sale if this condition is not fulfilled.
A 15 Due Diligence (Long) REINZ / NZLS
15.1  This agreement is conditional upon the purchaser, at the purchaser's sole discretion, being satisfied with the results of the purchaser's due diligence investigation as to the suitability of the property for the purchaser's intended use. Such investigation may include, but is not limited to:
      15.1.1  The soundness, suitability and value of the property and any buildings situated on it; and
      15.1.2  The suitability of the terms of the local authority's District and Regional Plans; and
      15.1.3  The location of any buildings in relation to the boundaries of the land and any other survey matters; and
      15.1.4  Any engineering aspects of the property and buildings on the land; and
      15.1.5  Such other matters as the purchaser in the purchaser's sole discretion determines as relevant.

15.2  The vendor must cooperate with the purchaser in respect of the due diligence enquiry including by:
      (a) providing any relevant information, reports and documentation held by or available to the vendor; and
      (b) allowing the purchaser together with the purchaser's consultants full access to the property.

15.3  The date for satisfaction of this condition is on or before [DATE] [or within [.........] working days of the date of this agreement]. If this condition is not satisfied by that date, this agreement is at an end and all moneys paid under it must be refunded and neither party will have any claim against the other. This condition is inserted for the sole benefit of the purchaser.
A 16 Due Diligence (Short) REINZ / NZLS
This agreement is conditional upon the purchaser being satisfied with the results of a due diligence investigation of the property and the purchaser's intended development of it by 5pm on [DATE]. If the purchaser is dissatisfied with any aspect of this investigation the purchaser may at the purchaser's absolute discretion by notice in writing terminate this agreement and in such case any deposit paid must immediately be refunded in full. This clause is inserted for the sole benefit of the purchaser and the purchaser is under no obligation whatsoever to supply any reasons for the purchaser's dissatisfaction.

The vendor undertakes and agrees to:
(a) allow the purchaser together with consultants employed by the purchaser full access to the property for the purposes of the due diligence investigation; and
(b) provide to the purchaser any information held relating to the property relevant to the due diligence investigation.
A 17 Escape Clause REINZ / NZLS
If before this agreement becomes unconditional the vendor receives an acceptable offer from a third party to purchase the property, then the vendor may serve on the purchaser a notice requiring the purchaser to advise within [.........] working days after service of the notice whether all conditions for the benefit of the purchaser have been satisfied or waived and whether the requisition procedure in clause 6.0 of the General Terms of Sale has been completed to the purchaser's satisfaction. If the purchaser does not notify the vendor within the period set out above that the above matters have all been satisfied and that this agreement is accordingly unconditional, then this agreement will immediately terminate.
⚠ NoteClause A17 is inserted in the first agreement. Clause A18 (Cancellation of Prior Agreement) is inserted in any "back-up" agreement. A letter exercising the notice provision should be prepared by the vendor's lawyer.
A 18 Cancellation of Prior Agreement REINZ / NZLS
18.1  This agreement is conditional on the cancellation of the prior agreement referred to below ("Prior Agreement").
18.2  The vendor must not (without obtaining the prior written consent of the purchaser):
      (a) extend any of the conditional dates in the Prior Agreement; or
      (b) waive any right of the vendor to cancel the Prior Agreement.
18.3  The vendor must cancel the Prior Agreement as soon as the vendor is lawfully entitled to do so.
18.4  The Prior Agreement is an agreement for the sale of the property by the vendor to [.........] dated [DATE].
A 19 On-Sale of Property by Vendor REINZ / NZLS
19.1  The parties acknowledge and the vendor warrants that the vendor has entered into an agreement dated [DATE] to purchase the property ("First Agreement") and that the First Agreement is conditional until [DATE].
19.2  This agreement is conditional on the First Agreement being declared unconditional in all respects. Any deposit paid by the purchaser under this agreement must be held by the agent as stakeholder until such time as the vendor has advised the purchaser that the vendor under the First Agreement is ready, willing and able to settle under that agreement.
19.3  The parties acknowledge that the vendor has disclosed any provisions contained in the First Agreement that may affect the property and the vendor warrants that all such provisions have been disclosed.
PART B Specific Contractual Terms
B 1Contemporaneous SettlementREINZ / NZLS
This agreement and another agreement dated [DATE] made between the same parties and affecting the property at [.........] are to be read together and are interdependent. Settlement under each agreement must take place contemporaneously.
B 2Deadline for Acceptance of OfferREINZ / NZLS
This offer by the purchaser is open for acceptance by the vendor by [....... AM/PM] on [DATE]. If by that time, the vendor has not accepted the offer by signing this agreement and giving written notice of such acceptance to the purchaser or the purchaser's lawyer then this offer will lapse and have no further legal effect and neither party will have any claim against the other.
B 3Disclaimer (General)REINZ / NZLS
Despite any other provision in this agreement, the purchaser acknowledges and agrees that the vendor (and any agent of the vendor) has no liability to the purchaser for any representations made by anyone concerning any issue under the [Resource Management Act 1991 / Building Act 2004] with regard to the property or any buildings erected thereon. The purchaser will not have any claim or right of recovery against the vendor or the vendor's agent in respect of any such representation, however made.
⚠ NoteCourts can disregard such a disclaimer under the Contractual Remedies Act and it will not protect the agent if claims are made under the Fair Trading Act or the Real Estate Agents Act.
B 4Disclaimer as to Weathertightness and Integrity of MaterialsREINZ / NZLS
Despite any other provision in this agreement, the purchaser acknowledges that no representation has been made by the vendor on which the purchaser is relying concerning the condition of the property including but not limited to the weather tightness or structural integrity of both the property and the materials in the property. The purchaser enters into this agreement solely in reliance on the purchaser's own judgement. The purchaser will not have any right of recovery against the vendor or the vendor's agent in respect of any such representation, however made.
B 5Disclosure of Non-ComplianceREINZ / NZLS
Despite any other provision in this agreement, the purchaser acknowledges and accepts that the purchaser has been fully informed that certain aspects specified by the vendor in respect of the property or buildings may not comply with the Building Act or the Building Code and that there is no building permit, building consent, resource consent, code compliance certificate, certificate of acceptance or final sign off for any building permits (if applicable) in respect of the property or building works carried out thereon. Accordingly, the vendor's warranties under clause 7 of the General Terms of Sale are hereby negated. The purchaser enters into this agreement and accepts the property on this express understanding and will have no claim against the vendor under clause 7 with regards to the Building Act and the Building Code.
B 6Property Awaiting Code Compliance CertificateREINZ / NZLS
6.1  The vendor must, at the vendor's cost in all respects, make application for and obtain a code compliance certificate for the property. Where necessary, the vendor must carry out such work as is required in order to obtain the code compliance certificate. The code compliance certificate must be obtained by the vendor prior to, and as a requirement of, settlement and the vendor must provide a copy to the purchaser immediately upon it being granted.
6.2  The purchaser must settle within [.........] working days of the vendor providing a copy of the code compliance certificate, or on settlement date, whichever is the later.
6.3  If the vendor is unable to obtain a code compliance certificate within [.........] months of the date of this agreement, the purchaser may cancel this agreement in which case the vendor must refund to the purchaser the deposit in full.
B 10Purchaser's Waiver of RequisitionREINZ / NZLS
The purchaser accepts the vendor's title and acknowledges that the purchaser has no right to object to or requisition the vendor's title under clauses 6.2 or 6.3 of the General Terms of Sale. Furthermore sub-clause 2.4(1) of the General Terms of Sale is hereby negated.
B 12Guarantee of Purchaser's ObligationsREINZ / NZLS
12.1  In consideration of the vendor entering into this agreement at the request of the guarantor (as the guarantor acknowledges) the guarantor unconditionally and irrevocably guarantees to the vendor the due and punctual performance of all of the obligations of the purchaser under this agreement. The liability of the guarantor constitutes a principal obligation and is not relieved by any granting of time, waiver or forbearance to sue by the vendor.
12.2  The guarantor indemnifies the vendor from and against any loss, claim, demand, cost, action or proceeding whatsoever resulting from default by the purchaser.
12.3  No release, delay or other indulgence given by the vendor to the purchaser or other alteration in the terms of this agreement will release, prejudice or affect the liability of the guarantor.
B 13ConfidentialityREINZ / NZLS
13.1  No party to this agreement may divulge the existence or details of this agreement to any other party without the prior written consent of the other party unless either party, acting reasonably, considers that it is necessary to divulge to their respective legal advisors, the purchaser's financier or the purchaser's other advisors such particulars as are necessary for the purchaser to satisfy the conditions contained in this agreement.
13.2  Clause [13.1] above does not prevent the agent from providing statistical data from this agreement to the Real Estate Institute of New Zealand Incorporated.
B 15No Assignment of AgreementREINZ / NZLS
The purchaser must not assign, transfer (whether by nomination or otherwise), dispose of or alienate the benefit of this agreement nor any rights or obligations under it nor nominate any other person as the transferee, except with the prior written approval of the vendor.
⚠ Note'and/or nominee' on the front page of the agreement must be deleted if this clause is used.
B 17Early Release of DepositREINZ / NZLS
The parties agree to sign all documents necessary to allow the deposit to be released earlier than the statutory period prescribed in s 123 of the Real Estate Agents Act 2008.
B 20Retention of DepositREINZ / NZLS
20.1  The person to whom the deposit is paid must hold it as a stakeholder until one of the following events occurs:
      (a) settlement is effected; or
      (b) settlement is overdue solely by reason of default by the purchaser; or
      (c) this agreement is validly cancelled by a party.
20.2  Clause 2.4 of the General Terms of Sale is negated.
B 21Assignment of Warranties and GuaranteesREINZ / NZLS
21.1  The vendor must do everything necessary to assign to the purchaser on settlement the benefit of all warranties, guarantees, contracts and commitments from or with third parties in favour of the vendor regarding the condition, fitness or maintenance of the property, including structural soundness, weathertightness, fixtures and fittings, plant and equipment, utilities, and other electrical and mechanical installations.
21.2  The vendor must upon request deliver to the purchaser copies of all Warranties which are in the vendor's possession or control.
21.3  Where the vendor is unable to assign the benefit of a Warranty without consent of the relevant third party, the vendor must use best endeavours to obtain that consent.
PART CBuilding and Construction
C 1Disclosure of Weathertightness IssuesREINZ / NZLS
The purchaser acknowledges and accepts the purchaser has been fully informed that the property may not be weather tight or structurally sound. Accordingly, the vendor gives no warranty with respect to the weather tightness or structural integrity of the property and the vendor's warranties under clause 7 of the General Terms of Sale do not apply. The purchaser enters into and accepts the property on this express understanding. The purchaser acknowledges that the vendor has no liability to the purchaser in relation to weather tightness or structural integrity of the property and agrees to waive any right of recovery against the vendor in respect of the same. The vendor must deliver to the purchaser, immediately upon receipt, any notice or demand received by the vendor in respect of the weather tightness or structural integrity of the property.
C 4Maintenance ProvisionREINZ / NZLS
There is a maintenance period of [.........] days from the settlement date. The vendor must carry out, during or within a reasonable time from the expiry of the maintenance period, all maintenance work arising from faulty materials or workmanship, at the vendor's cost and in compliance with the Building Act 2004 and the Building Code, which are notified by the purchaser in writing to the vendor prior to the expiry of the maintenance period. For the avoidance of doubt the vendor will not be required to repair damage caused by other owners, the purchaser or the purchaser's employees, contractors or visitors or caused by fire, earthquake, tempest, or other occurrence normally covered by a comprehensive insurance policy.
C 6Swimming Pool / Spa Pool Non-ComplianceREINZ / NZLS
6.1  The purchaser acknowledges and accepts that the [swimming pool / spa pool] situated on the property and the associated means of restricting access to it may not be:
     (a) In a proper working order and condition; and/or
     (b) In compliance with the local authority's building bylaws or the Building Act 2004 or the Building Code; and/or
     (c) In compliance with the local authority requirements as to swimming pool fencing and/or with the Building (Pools) Amendment Act 2016.
6.2  The vendor gives no warranty as to the working order and condition of the [swimming pool / spa pool] nor in respect of its compliance with the requirements of the local authority, the Building Act 2004 and the Building Code or with the local authority's fencing requirements or the Building (Pools) Amendment Act 2016. Accordingly, the vendor's warranties under clause 7 of the General Terms of Sale do not apply to the [swimming pool / spa pool] and the associated means of restricting access to it.
C 7Vendor to Complete Work Prior to SettlementREINZ / NZLS
7.1  Prior to settlement the vendor must carry out the following work on the property at the vendor's cost:
     (a) [.........]
     (b) [.........]
7.2  All work must be carried out in a proper and competent manner in accordance with the terms of the Building Act 2004 and the Building Code and (if relevant) the terms of the building consent obtained by the vendor from the local authority. This work must be completed prior to, and as a requirement of, settlement.
7.3  If any work requires a code compliance certificate, the vendor must obtain it prior to, and as a requirement of, settlement and must provide a copy to the purchaser immediately upon receipt.
PART DGST Clauses
D 1Formula for GST DateREINZ / NZLS
The GST date for the purposes of clause 14 of the General Terms of Sale is [.........] working days before the date on which the vendor is to account to the Inland Revenue Department for GST or the settlement date, whichever occurs earlier. The vendor must give the purchaser not less than five (5) working days written notice of the GST date where it falls earlier than the settlement date.
D 2Alterations to GST InformationREINZ / NZLS
If the GST information supplied in this agreement by the purchaser is altered prior to settlement in accordance with clause 15.5 and the parties agree the price will be adjusted accordingly neither of the parties will hold the agent, its employees or contractors liable for any claims arising from this and the parties will indemnify the agent, its employees and contractors accordingly. The parties acknowledge that they have been advised to obtain independent tax advice before entering into this agreement.
PART ERural
E 2Farm ManagementREINZ / NZLS
2.1  The vendor must farm the property until the possession date in a manner that is in accordance with industry standards after taking into account:
     (a) The vendor's specific obligations under this agreement (if any); and
     (b) Climatic and similar conditions which the vendor cannot control.
2.2  However this farm management clause does not require the vendor to carry out any seasonal work involving specific expense.
E 10Effluent Disposal WarrantyREINZ / NZLS
The vendor warrants that the effluent disposal system on the property will, as at settlement date, meet the requirements of the local authority in all respects.
PART FCommercial
F 2Approval of LeasesREINZ / NZLS
2.1  This agreement is conditional upon the purchaser's lawyer approving in all respects all the leases to which the property is subject ("Leases").
2.2  The vendor must make copies of the Leases available to the purchaser's lawyer within [.........] working days after the date of this agreement. The date for satisfying of this condition is [.........] working days after the purchaser's lawyer receives copies of all the Leases. The purchaser's lawyer may give or withhold approval in his or her sole discretion.
F 3Vendor's AuthorityREINZ / NZLS
The vendor warrants that:
(a) The entry by it into this agreement has been duly authorised by all necessary action of the vendor; and
(b) The vendor has full power and lawful authority to enter into this agreement and to perform or cause to be performed all of its obligations under this agreement.
PART GBalance of Purchase Price
G 1Payment and Settlement Date — Title to be IssuedREINZ / NZLS
The balance of the purchase price must be paid or satisfied by payment in cleared funds on the settlement date which is [.........] working days after the date on which the purchaser receives notice from the vendor that a search copy of the title is obtainable from the LandOnline database.
PART HEarthquake and Insurance
H 1Insurance ConditionREINZ / NZLS
OPTION 1 — Sole discretion:
This agreement is conditional upon the purchaser arranging building insurance in respect of the buildings and any other improvements on the property on terms and conditions satisfactory to the purchaser in all respects within [.........] working days of the date of this agreement. This condition is inserted for the sole benefit of the purchaser.

OPTION 2 — Deemed satisfied if similar to vendor's insurance:
This agreement is conditional upon the purchaser arranging building insurance in respect of the buildings and any other improvements on the property on terms and conditions satisfactory to the purchaser within [.........] working days of the date of this agreement. The terms and conditions are deemed to be satisfactory to the purchaser and this condition is deemed to be satisfied if insurance is available to the purchaser on substantially the same terms and conditions as is currently maintained by the vendor in respect of the property.
H 2Insurance Disclosure (use with H 1)REINZ / NZLS
The vendor must supply the purchaser with a copy of the vendor's building insurance policy for the property including any relevant policy schedules, and any and all insurance details and information which relate to the property, within [.........] working days of the date of this Agreement.
H 3Professional Reports ConditionsREINZ / NZLS
This agreement is conditional upon the purchaser being satisfied in all respects with the condition of the property after obtaining at the purchaser's cost such professional reports as the purchaser thinks fit including but not limited to a building inspection report, a structural engineering report, and a geotechnical engineering report. The professionals must not carry out any invasive testing of any buildings without the vendor's prior written consent. However, geotechnical professionals may carry out invasive testing of the land by test drilling subject to prior consultation with the vendor.

The date for the satisfying of this condition is [.........] working days after the date of this agreement. This condition is inserted for the sole benefit of the purchaser.
H 4Earthquake Claims ConditionREINZ / NZLS
4.1  The vendor must supply to the purchaser within five (5) working days of the date of this agreement all information about earthquake claims, repairs and settlements insofar as it relates to the property, including but not limited to:
     (a) Full details of any damage to the property caused by earthquakes;
     (b) All EQC and private insurer claim information;
     (c) Full details of any earthquake repairs completed or still to be completed, including the scope of works; and
     (d) Full details of any insurance claims settled, including details of any payments made by EQC or the private insurer.
4.2  The vendor must provide authority for the purchaser to contact the EQC and discuss all details relating to the property within five (5) days of the date of this agreement.
4.3  This agreement is conditional upon the purchaser approving the earthquake claims information provided pursuant to clauses 4.1 and 4.2 above in all respects within ten (10) working days of the date of this agreement. This condition is inserted for the sole benefit of the purchaser.
ADDITIONALAdditional / Supplementary
X 1Back-Up OfferREINZ / NZLS
This Agreement is subject to the Agreement for Sale and Purchase dated [INSERT DATE] ("the Prior Contract") in respect of the Property between the Vendor and [INSERT PURCHASERS' NAMES] (the "First Purchasers") not being declared unconditional in all respects by [INSERT DATE] ("the Due Date"). If the Prior Contract is declared unconditional by the Due Date this Agreement shall be at an end. If the Prior Contract is not declared unconditional by the Due Date this Agreement shall be considered 'live'. The Vendors agree not to grant any extension to the First Purchasers in respect of the Due Date.
X 2Deposit — KiwiSaver Withdrawal of FundsREINZ / NZLS
The Vendor acknowledges that the purchaser will use or partially use their KiwiSaver First Home Withdrawal Funds to pay the deposit due under this agreement. The deposit is payable only to the Vendor Solicitor Trust Account upon this agreement becoming unconditional or as the deposit funds are available from the KiwiSaver provider. Upon the deposit being paid to the Vendor Solicitor's Trust Account, the deposit shall be held by the vendor's solicitor as a stakeholder pending settlement on the following terms:
1) The vendor's solicitor will give an undertaking before the deposit payment to hold the funds on trust until settlement,
2) The vendor solicitor shall hold the deposit undisbursed until completion of settlement,
3) If settlement does not occur on the settlement date or agreed extended date, the vendor's solicitor shall reimburse the deposit to the purchaser's solicitor trust account immediately and without deductions unless non-completion of settlement is due to the purchaser's default or omission.
X 3Access for Rental Marketing PurposesREINZ / NZLS
Upon this Agreement becoming unconditional in all respects, the Vendor agrees to allow the Purchaser, or any Property Manager appointed by the Purchaser, reasonable access to the property for the purpose of marketing the property for rent. This includes conducting internal inspections with prospective tenants. Access will be permitted from the date the Agreement becomes unconditional until the Settlement Date, or until a Tenancy Agreement is entered into between the Purchaser (or the Purchaser's Property Manager) and a successful tenant, whichever occurs first. The Purchaser must provide the Vendor with no less than 24 hours' notice of any requested access. This clause is inserted for the sole benefit of the Purchaser.
X 4Removal of Notice of ClaimREINZ / NZLS
This agreement is conditional upon the Vendor securing an agreement with [NAME OF CLAIMANT] as to the removal of the Notice of Claim registered against the title to the Property upon such terms and conditions as the Vendor considers entirely satisfactory, within _______ working days of the date of this Agreement. This clause is inserted for the sole benefit of the Vendor and the Vendor shall not be required to provide any detail as to non-satisfaction of this clause if such agreement is not reached.
X 5Property Awaiting Code Compliance Certificate (Enhanced)REINZ / NZLS
[##].1  The Vendor must, at the Vendor's sole cost, apply for and obtain a Code Compliance Certificate ("CCC") for the property. The Vendor must also, at the Vendor's sole cost, carry out any work required by the relevant territorial authority in order for the CCC to be issued. The CCC must be obtained prior to settlement, and the Vendor must provide the Purchaser with a copy of the CCC immediately upon it being granted.
[##].2  The Purchaser must settle within 7 working days of receiving a copy of the CCC from the Vendor, or on the original Settlement Date, whichever is later.
X 6Vendor Warranty to Rectify Cross Lease Memorandum of LeaseREINZ / NZLS
The Vendor warrants that, at the Vendor's sole cost, they will take all steps necessary—including obtaining any required consents, approvals, surveys, updated documentation, or legal instruments—to remedy any defects, discrepancies, or inaccuracies in the Memorandum of Lease recorded as Instrument [######.#] on Record of Title [#####/###]. The Vendor further warrants that the required rectification will be completed, and will provide satisfactory written evidence of that completion to the Purchaser prior to the Settlement Date.
X 7Vendor Warranty to Rectify Cross Lease Flats PlanREINZ / NZLS
The Vendor warrants that, at the Vendor's sole cost, they will take all steps necessary—including obtaining any required consents, approvals, surveys, or legal documentation—to remedy any defects, discrepancies, or inaccuracies in the Flats Plan referenced on Record of Title [#####/###]. The Vendor further warrants that the required rectification will be completed, and will provide satisfactory written evidence of that completion to the Purchaser prior to the Settlement Date.
X 8Transfer of Vendor-Supplied ReportREINZ / NZLS
The Purchaser acknowledges that the Vendor has obtained a [building report / specialist report] for the property (the Report). If the Purchaser wishes to have the Report transferred into the Purchaser's name, the Vendor agrees to provide any reasonable assistance required by the report provider to facilitate this administrative transfer.

The Purchaser acknowledges that the transfer of the Report is an administrative matter only and does not constitute a condition of this Agreement, nor does it affect the Purchaser's obligations to complete settlement in accordance with this Agreement.
X 9Access Prior to Settlement to Complete WorkREINZ / NZLS
The Vendor grants the Purchaser and the Purchaser's nominated tradesperson(s) or contractor(s) access to the Property prior to Settlement for the purpose of carrying out trade repairs or inspections as the Purchaser reasonably requires ("the Works"). The following conditions apply:
(a) Access shall be by prior written arrangement with the Vendor or the Vendor's agent, at reasonable times during normal business hours, and shall not unreasonably be withheld by the Vendor;
(b) The Purchaser shall ensure that the Works are carried out in a good and workmanlike manner by appropriately licensed or qualified tradespeople, and that the Property is left in a clean and tidy condition following each access;
(c) The Purchaser indemnifies the Vendor against any physical damage to the Property caused directly by the Purchaser or the Purchaser's contractors during such access, but this indemnity shall not extend to any pre-existing defects or damage revealed or worsened by the Works;
(d) The granting of early access does not constitute early possession of the Property, and risk in the Property shall remain with the Vendor until Settlement in accordance with clause 9.1 of this Agreement;
(e) The Vendor's insurance obligations shall remain in full force and effect until Settlement, and the Purchaser shall obtain any additional insurances the Purchaser considers necessary in connection with the Works;
(f) If this Agreement does not proceed to Settlement for any reason, the Purchaser shall restore the Property, as far as is reasonably practicable, to its condition prior to the commencement of the Works, at the Purchaser's cost.
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