IM

SCHEDULE 2
Tenderee’s requirements
1 Requirements and Content of Tender
(a)
Complying tenders must include:
(i)
if the Tenderer is a company:
(A)
(B)
(C)
a page contained in the contract with provisions for personal Guarantee of all
directors of the company must be signed, witnessed and dated by all directors;
A general summary of company information or website name with that
information;
a copy of ASIC company information extract showing all directors, share structure
and beneficiaries’ shareholding entitlements;
(ii)
(iii)
(iv)
(v)
for all Tenderers, a letter of authority signed by or on behalf of the Tenderer (if it is a
company) to their accountant authorising and directing that person or firm to promptly
respond to enquiries from the Tenderee or their agents and provide documents on
behalf of the Tenderer as requested;
contract for sale and purchase, duly executed by the Tenderer (or their nominee, a
company, a trust) bearing original signatures inclusive of all terms and conditions as per
draft Contract included in this Tender as Schedule 3 or as negotiated between the
parties;
if the Tenderer is a company, a page contained in the contract with provisions for
personal Guarantee of all directors of the company must be signed, witnessed and
dated by all directors;
A bank cheque for an amount equal to 10% of proposed contract price made payable
to Tower & London Statutory Trust Account.
(b)
(c)
(d)
Where a Tenderer resolves to enter into contract for sale and purchase via a nominee, a
company, a trust or any other entity or person, the exact identity, business and company
registration and contact details of that nominee, a company, a trust or any other entity or
person must be provided in full at the time of Tender.
Tenderer acknowledges and agrees that if the Tenderer or a purchaser noted on the tendered
contract for sale and purchase of land prior to completion of the contract requests to amend
identity of the purchaser on the contract, then the Tenderer and purchaser are both jointly and
severally liable on or before completion of sale to pay all Tenderer’s costs on rescinding of
original contract of sale, pay any applicable fees, charges, taxes and duties and Tenderee’s
legal costs incurred due to such amendment, must contact Revenue NSW to cancel the
original contract for sale and purchase and provide evidence of contract cancellation to the
Vendor.
The Tenderer acknowledges and agrees that Contract will not be made conditional upon
availability of finance, formation of a company, declaration of a trust, creation of a partnership
or a structure such a joint venture or for any other reason including obtaining a consent of
certifying authority for development application of the property or a part of it.
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