Common use of Purchaser Acknowledgements Clause in Contracts

Purchaser Acknowledgements. 3.1 The Purchaser acknowledges that prior to entering into this Agreement, it has caused a proper and satisfactory inspection of and due diligence in respect of the Land and matters and documents relating to it. 3.2 The Purchaser agrees the Land is sold on an “as is where is” basis, subject to all contamination (including Site Contamination), faults and defects whether or not they are apparent. Subject to clause 13 of the General Conditions, the Purchaser accepts any liabilities, obligations, requisitions, directions, recommendations and notices issued after Settlement regarding the Land however arising including by operation of law and the Purchaser indemnifies the Vendor against any costs, expenses or liabilities incurred by the Vendor in respect of the above (unless this Agreement is terminated without default by the Purchaser). 3.3 The Purchaser has satisfied itself in all respects of the following: 3.3.1 the Environmental Condition of the Land including any environment hazard, contamination or Site Contamination; 3.3.2 that the Land inspected by the Purchaser is identical to the Land; 3.3.3 whether or not the boundaries, description or area of the Land are correctly described in this Agreement; 3.3.4 as to encumbrances affecting the Land; 3.3.5 about the condition, state of repair, suitability, quality sufficiency, viability, profitability or potential of the Land for any purpose or use; 3.3.6 as to the value of the Land from its own independent valuations and reports; 3.3.7 as to the neighbourhood in which the Land is situated; 3.3.8 about the presence of any sewer, manhole or vent on or under the Land or any surface stormwater pipe or drain that passes through, over or under the Land; 3.3.9 about whether any rainfall downpipe is connected to the sewer; 3.3.10 of any wires, equipment or connections of any Authority responsible for the provision of electricity, gas, telephone, refuse or garbage collection or any other service passing through or situated on the Land; 3.3.11 about any latent or patent defect in the Land; 3.3.12 as to the zoning and planning restrictions (including all planning approvals, permits and consents) on or in respect of the Land and the use to which the Land may be put and the development potential of the Land; 3.3.13 whether or not any permissions, consents and approvals required from a relevant Authority for the construction or use of any part of the improvements on the Land has been obtained, or having been obtained have been complied with in all respects; 3.3.14 whether or not any consents, approvals, permits or licences desirable or required to be held for the present use of the Land have been granted by any Authority; 3.3.15 whether or not any part of the improvements purporting to be on the Land is wholly on it; 3.3.16 whether buildings or other improvements of adjoining owners encroach onto the Land; 3.3.17 as to the rights and privileges pertaining to the Land; 3.3.18 as to any agreements or arrangements with the owners or occupiers of adjoining or nearby properties, including the means of access to and egress from the Land and the terms of all easements and licences benefiting or affecting the Land; 3.3.19 as to the services connected or provided to the Land; 3.3.20 as to any building, engineering, architectural or other plans or documents in relation to the Land which the Purchaser or any Representative of the Purchaser may have seen or been shown before executing this Agreement; 3.3.21 as to any service contracts in respect of the Land; and 3.3.22 the means of access to the Land, including any car parks for the Land. 3.4 The Purchaser is not entitled to: 3.4.1 make any claim for compensation or damages or seek a reduction in the Purchase Price; 3.4.2 make any objection; or 3.4.3 be discharged from the purchase, and this Agreement will not be annulled for or because of: 3.4.4 any reservation, encumbrance, lien or interest to which the sale under this Agreement is made subject; 3.4.5 any error, misstatement or omission in the description or particulars of the Land in this Agreement (including the area or boundaries of the Land); 3.4.6 any requisition, direction, recommendation, resumption, intended resumption or compulsory acquisition relating to the Land; 3.4.7 any matter about which, under this Agreement: (a) the Purchaser agrees it has satisfied itself about; (b) the Vendor gives no warranty; or (c) the Purchaser agrees it has not relied on any statement, representation or warranty. 3.5 The Purchaser agrees and acknowledges that it cannot make a requisition or a claim, or attempt to delay completion or attempt to rescind or attempt to terminate on the basis of any of the matters referred to in Special Condition 3.3.

Purchaser Acknowledgements. 3.1 The Purchaser acknowledges that prior to entering into this Agreement, it has caused a proper and satisfactory inspection of and due diligence in respect of the Land and matters and documents relating to it. 3.2 The Purchaser agrees the Land is sold on an “as is where is” basis, subject to all contamination (including Site Contamination), faults and defects whether or not they are apparent. Subject to clause 13 of the General Conditions, the Purchaser accepts any liabilities, obligations, requisitions, directions, recommendations and notices issued after Settlement regarding the Land however arising including by operation of law and the Purchaser indemnifies the Vendor against any costs, expenses or liabilities incurred by the Vendor in respect of the above (unless this Agreement is terminated without default by the Purchaser). 3.3 The Purchaser has satisfied itself in all respects of the following: 3.3.1 the Environmental Condition of the Land including any environment hazard, contamination or Site Contamination; 3.3.2 that the Land inspected by the Purchaser is identical to the LandLand (subject to Special Condition 12, dealing with certain old system land); 3.3.3 whether or not the boundaries, description or area of the Land are correctly described in this Agreement; 3.3.4 as to encumbrances affecting the Land; 3.3.5 about the condition, state of repair, suitability, quality sufficiency, viability, profitability or potential of the Land for any purpose or use; 3.3.6 as to the value of the Land from its own independent valuations and reports; 3.3.7 as to the neighbourhood in which the Land is situated; 3.3.8 about the presence of any sewer, manhole or vent on or under the Land or any surface stormwater pipe or drain that passes through, over or under the Land; 3.3.9 about whether any rainfall downpipe is connected to the sewer; 3.3.10 of any wires, equipment or connections of any Authority responsible for the provision of electricity, gas, telephone, refuse or garbage collection or any other service passing through or situated on the Land; 3.3.11 about any latent or patent defect in the Land; 3.3.12 as to the zoning and planning restrictions (including all planning approvals, permits and consents) on or in respect of the Land and the use to which the Land may be put and the development potential of the Land; 3.3.13 whether or not any permissions, consents and approvals required from a relevant Authority for the construction or use of any part of the improvements on the Land has been obtained, or having been obtained have been complied with in all respects; 3.3.14 whether or not any consents, approvals, permits or licences desirable or required to be held for the present use of the Land have been granted by any Authority; 3.3.15 whether or not any part of the improvements purporting to be on the Land is wholly on it; 3.3.16 whether buildings or other improvements of adjoining owners encroach onto the Land; 3.3.17 as to the rights and privileges pertaining to the Land; 3.3.18 as to any agreements or arrangements with the owners or occupiers of adjoining or nearby properties, including the means of access to and egress from the Land and the terms of all easements and licences benefiting or affecting the Land; 3.3.19 as to the services connected or provided to the Land; 3.3.20 as to any building, engineering, architectural or other plans or documents in relation to the Land which the Purchaser or any Representative of the Purchaser may have seen or been shown before executing this Agreement; 3.3.21 as to any service contracts in respect of the Land; and 3.3.22 the means of access to the Land, including any car parks for the Land. 3.4 The Purchaser is not entitled to: 3.4.1 make any claim for compensation or damages or seek a reduction in the Purchase Price; 3.4.2 make any objection; or 3.4.3 be discharged from the purchase, and this Agreement will not be annulled for or because of: 3.4.4 any reservation, encumbrance, lien or interest to which the sale under this Agreement is made subject; 3.4.5 any error, misstatement or omission in the description or particulars of the Land in this Agreement (including the area or boundaries of the Land); 3.4.6 any requisition, direction, recommendation, resumption, intended resumption or compulsory acquisition relating to the Land; 3.4.7 any matter about which, under this Agreement: (a) the Purchaser agrees it has satisfied itself about; (b) the Vendor gives no warranty; or (c) the Purchaser agrees it has not relied on any statement, representation or warranty. 3.5 The Purchaser agrees and acknowledges that it cannot make a requisition or a claim, or attempt to delay completion or attempt to rescind or attempt to terminate on the basis of any of the matters referred to in Special Condition 3.3.