This information here within has been prepared by Knight Frank Australia PTY LTD 1700 497 3684 (“Selling Agent”) and is prepared on the basis of information provided to the Selling Agents in connection with the relevant transaction. Any statement or opinion made by the Selling Agents in connection with the transaction contemplated here within is not based on any actual or implied knowledge or consideration of the investment objectives, financial situation, legal or taxation position or any other particular needs or requirements of the recipients of this information. All parties must make their own independent assessment and investigation including without limitation, seeking professional advice and must determine its interest in proceeding upon the basis of such independent assessment, investigation and appraisal. Any statement or opinion of the Selling Agents whether expressed or implied is not, nor should be construed as a recommendation by the Selling Agents or any of its officers, agents or employees to participate in the transaction and, to that extent, no reliance will be placed on the Selling Agents or their associates. The Selling Agents and their associates do not warrant (expressly or impliedly) that information contained here within has been prepared in good faith, is complete, true, accurate and correct and not misleading or not likely to be misleading or deceptive. The Selling Agents and their associates are not responsible and will not under any circumstances be liable (whether at law, in equity, under statute or otherwise) for any statement made or anything contained in or arising out of the information including, without limitation, any errors, misrepresentation or omissions. The Selling Agents disclaims all responsibility for any loss or damage caused by reliance by any person on this website or any representation, warranty or statement made by or on behalf of the Selling Agents and their associates. This information is confidential and is for the sole use of persons directly provided with it by the Selling Agents and is not to be reproduced, copied or sent to any other person without the prior written consent of the Selling Agents. The use by, or reliance upon this document by any other person is not authorised by the Selling Agents and without limitation to the above disclaimers, the Selling Agents are not liable for any loss arising from such unauthorised use or reliance.Sutherland & Sons Investments Pty Ltd ACN 618 476 672 of c/ - Level 2, 20 Innovation Parkway, Birtinya QLD 4575, Mail; PO BOX 769, MOOLOOLABA, 4557. (Discloser)
In consideration of the Discloser disclosing the Confidential Information to the Recipient, and granting to the Recipient access to all contents within this website and data-room the parties agree as follows:
1.1 Definitions and interpretation.
(1) Confidential Information means all information (including written, verbal or photographic) disclosed to the Recipient (or obtained or extracted from the Recipient or any of the Recipient’s business premises with authority of the Recipient) provided that:
(a) in the case of written and verbal information, the information is identified by the Discloser, as confidential or proprietary to the Discloser; or
(b) the Recipient ought reasonably to have known that the information was proprietary or confidential to theDiscloser; but does not include information which:
(c) became public knowledge (before any disclosure by the Discloser to the Recipient) other than through a default by the Recipient under the terms of this Agreement;
(d) became available to the Recipient (before any disclosure by the Discloser to the Recipient) from a source,other than a party associated with the Discloser, who has a lawful right to disclose the information; or
(e) the Recipient is required to disclose under a lawful request from a government authority;
(2) Any reference to the Recipient or Discloser includes a reference to any officer, agent, employee, successor or assign and, in the case of a company, any related body corporate of that party.
1.2 Confidentiality: Any Confidential Information acquired by the Recipient:
(1) must at all times be held in strict confidence both during and after that information is acquired by the Recipient; (2) must not be revealed to any person without prior written authorisation from the Discloser or unless the disclosure is required as a part of the provision of services being supplied by the Recipient to the Discloser;
(3) must not be used for purposes other than those required by the Discloser, which relate to the provision of services provided by the Recipient to the Discloser;
(4) will at all times remain the property of the Discloser. Confidential Information must not be copied or removed by the Recipient (and the Recipient must not permit any such copying or removal) unless the Recipient has received prior written authorisation from the Discloser to do so or it is necessary for the Recipient to copy or remove the Confidential Information for the purposes of the provision of the services by the Recipient to the Discloser; and
(5) which is in the possession, custody or power of the Recipient must be returned immediately upon the Discloser’s request (including any copies of such Confidential Information).
1.3 Injunction: The Recipient acknowledges and agrees that damages are not a sufficient remedy for a breach of the Recipient's obligations in relation to this clause. In relation to a breach of this clause by the Recipient the Discloser will be entitled to injunctive relief and any other remedy that is reasonably available at law, equity or under this Agreement.
1.4 Governing Law: This Agreement will be governed by, and interpreted in accordance with, the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
1.5 Release and Indemnity: The Recipient releases and indemnifies the Discloser and agrees to keep the Discloser indemnified from and against any and all suits, demands, claims, actions, proceedings, losses, damages, liabilities, costs, expenses whether direct or indirect which the Discloser may suffer or incur as a result of or in connection with or as a consequence of a breach by the Recipient of this Agreement, arising from the negligent or wilful act of the Recipient.
Proposal Requirements
All Offers to Purchase for the property should be lodged to the appointed agents and address the following key terms at a minimum:
Due Diligence
An Electronic Data Room (EDR) has been established to facilitate the provision of due diligence information. Please contact the appointed selling agents to arrange access to the EDR.
Inspections
All inspections are by appointment only and inspecting parties must be accompanied by at least one member of the Knight Frank team.
Christian Sandstrom
Partner, Investment Sales, QLD
+61 419 784 317
Christian.Sandstrom@au.knightfrank.com
Blake Goddard
Director, Head of Investment Sales QLD
+61 407 604 307
Blake.Goddard@au.knightfrank.com
Due Diligence Enquiries: Clem Stack
Investment Sales, QLD
+61 438 916 222
Clem.Stack@au.knightfrank.com