1.1 The information (Information) in this Information Memorandum (“Memorandum”) has been prepared by Sandy Beach Real Estate Limited, Licensed Real Estate Agent (REAA 2008) (“Ray White Whitianga”). Neither this Memorandum nor the Information nor any other information supplied by Ray White Whitianga to proposed purchasers (“Investors”) of the property referred to in this Memorandum (“Property”) forms the basis of any contract with Ray White Whitianga and imposes no legal obligation on Ray White Whitianga.
1.2 This Memorandum has been prepared solely for information purposes in order to assist Investors in making their own evaluation of the property referred to in this Memorandum. This Memorandum does not purport to contain all the information that Investors may require. Investors should, amongst other things, conduct their own investigations and analysis of the Property and the Information. By accepting this Memorandum Investors acknowledge that Ray White Whitianga disclaims any liability to reimburse or compensate Investors for any costs, losses or expenses incurred by Investors in evaluating the Property or otherwise in connection with the process of evaluating the Property.
1.3 Ray White Whitianga has not independently verified nor audited any of the Information. Neither Ray White Whitianga nor any of its shareholders, directors, employees, advisers and agents (all of which are referred to in this clause as “agents”) make any representation or warranty as to the accuracy or completeness of the Information (or any other written or oral communications to the Investors) and Ray White Whitianga and its agents shall have no liability (including for negligence) for any statements, opinions, information or matters (express or implied) conveyed directly or indirectly to Investors in relation to the Property. In addition, no representation has been made by Ray White Whitianga that there has been no change to the state of the Property either before or after the date of provision of this Memorandum as to the future prospects or performance of the Property.
1.4 In particular, this Memorandum may include certain statements, analyses, budgets and projections (all of which are referred to in this clause as “Statements”) provided by Ray White Whitianga. The Statements reflect various assumptions made by Ray White Whitianga which may or may not prove to be correct. While the Statements have been carefully developed and represent the view of Ray White Whitianga and have been arrived at on the basis of the best information available at the date of this Memorandum, Ray White Whitianga makes no representations or warranties as to the accuracy and completeness of the Statements.
1.5 This Memorandum is for the sole use of persons directly provided with it by Ray White Whitianga and is not to be resupplied to any other person without the prior written consent of Ray White Whitianga. Use by, or reliance upon this Memorandum by any other person is not authorised by Ray White Whitianga and without limitation to the above disclaimers, Ray White is not liable for any loss arising from such unauthorised use or reliance.
1.6 In this clause: (a) a reference to “Ray White Whitianga” includes a reference to its principal. (b) any limitation of the liability by Ray White Whitianga means a limitation of liability to the fullest extent permitted by law.