Contract for the sale of business - 2004 edition

Contract for the sale of business - 2004 edition
(this contract consists of this sheet, the provisions of this contract and anything attached)
(a choice printed in BLOCK CAPITALS applies unless a different choice is marked)
Vendor’s Agent
(if more than one,
the first named)
Name
Address
Vendor Name The Website Marketing Group
Vendor’s
SOLICITOR
conveyancer
Purchaser
Address 339 Windsor Road, Baulkham Hills NSW 2153
Name
Oakwise Solicitors
Address and DX Suite 6, 8 Old Northern Rd, Baulkham Hills, NSW
2153
e-mail address:
Name
Address
PO Box 63, Baulkham Hills, NSW 1755
ellie@oakwiselegal.com.au
Phone
Fax
Ref
ACN/ARBN 140 524 509
ABN 67 140 524 509
Phone (02) 9639 8173
Fax (02) 8583 3380
Ref 15177
ACN/ARBN
ABN
If more than one, as joint tenants TENANTS IN COMMON (in equal shares unless otherwise stated)
Purchaser’s
SOLICITOR
conveyancer
Name
Address and DX
e-mail address:
Phone
Deposit Holder Vendor’s Agent Invest deposit NO Yes (clause 3)
Completion Date after the contract date (clause 19)
Business Name
The Website Marketing Group
Registered: no YES: Registration number (clause 20)
Premises Level 1, 339 Windsor Rd, Baulkham Hills NSW 2153
Contact numbers
Type of Business
(include landline, fax, mobile numbers, e-mail address, domain name being transferred with
business)
Phone: (02) 9639 2700 Fax: (02) 9639 2722
Email:
Mobile:
Fax
Ref
Domain name: twmg.com.au
thewebsitemarketinggroup.com.au thewebsitemarketinggroup.com twmg.net.au (clause 20)
Digital marketing agency
Restraint time 1 Years (if not stated, no restraint time) (clause 17)
Restraint distance 25 Kilometres (if not stated, no restraint distance) (clause 17)
Training Period After completion: 30 days (clause 26)
Trading stock
maximum sum
(clause 4)
Price
Deposit
Balance
Asset and price
apportionment
Contract date
Goodwill:
Equipment:
none
(10% of the price, unless otherwise stated)
(or as set out in attached apportionment schedule)
(if not stated, the date this contract was made)
NOTE: Subject to clause 13, the price INCLUDES goods and services tax (if any) payable by the vendor.
……………….………………………………….
Vendor
……………………………………………………………….
Purchaser
……………………………………………………
Witness
……………………………………………………………….
Witness

DOCUMENTS (copy of document attached if marked) (some copies are required by legislation)
profit and loss statement of the business
balance sheet of the business
schedule of setting out asset and price apportionment
inventory of equipment
depreciation schedule
list of stock-in-trade
list of work in progress
promise, statement or representation made by (or on behalf
of) vendor relied on by purchaser
promise, statement or presentation made by (or on behalf of)
purchaser and relied on by the vendor
licence affecting the business
notice or order affecting the business
list of continuing agreements (for example, equipment and
service agreements)
equipment and service agreement
franchise agreement
franchisor’s disclosure statement (Trade Practices Act)
assignor’s disclosure statement (Trade Practices Act)
development approval
document evidencing restraint affecting business
list of key persons who will sign the restraint deed
list of key persons who will not sign the restraint deed
2
current lease of premises
proposed lease of premises
Business – 2004 edition
memorandum setting out lease covenants
document evidencing a variation of lease
headlease affecting premises
property certificate for the land
plan of the land
strata by-laws
notice or order affecting the premises
lessor’s disclosure statement (Retail Leases Act)
lessor’s disclosure update (Retail Leases Act)
lessee’s disclosure statement (Retail Leases Act)
assignor’s disclosure statement (Retail Leases Act)
business name registration certificate
certificate of registration of trade mark
certificate of registration of patent
certificate of registration of design
document evidencing rights to internet domain name
document evidencing rights to internet web site
schedule of employees, length of continuous service and
existing and contingent entitlements
Australian Workplace Agreement
service agreement with employee
particulars of superannuation fund for employees of
business (name of fund, trustee, members)
CHOICES
Business sold on a stock inclusive basis NO yes If yes, price includes trading stock (clause 4)
Stock-in-trade on consignment NO yes (clause 10.1.5)
Special completion address NO yes address (clause 20)
Sale subject to grant of new lease NO yes (clause 27 and 28)
Landlord’s mortgagee’s consent required NO yes (clause 27)
Landlord’s mortgagee’s consent obtained NO yes (clause 27)
Purchaser must provide suitable guarantee NO yes (clause 27.2.3)
Franchisor’s consent required NO yes (clause 30)
Franchisor’s consent obtained NO yes (clause 30)
Purchaser requires audit NO yes (clause 8)
GST PROMISES (A New Tax System (Goods and Services Tax) Act 1999) (clause 13)
This sale is a taxable supply (Subdivision 9-A) yes NO
This sale is the supply of a going concern (Subdivision 38-J) YES no
LEASE PARTICULARS
Date lease starts:
Date lease ends:
Current rent (show monthly/annually):
Current outgoings(show monthly/annually):
Review dates:
Option period:
Date(s) on which option to renew lease exercised:
Date(s) on which option to renew lease to be exercised:
Last day for exercise of option to renew lease: (clause 9.1.4):
Guarantee or security deposit:
VENDOR’S ACCOUNTANT – NAME, ADDRESS AND PHONE NUMBER
(of if there is no accountant, details of where books and records of business kept)
Phone: (Attention: )