S CHEDULE H
章节 H
HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966
1966 年房屋发展(管制及执照)法令
HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989
1989 年房屋发展(管制及执照)规则
(Subregulation 11(1))
(规章第 11 (1)条款)
SALE AND PURCHASE AGREEMENT
买卖合约
(BUILDING OR LAND INTENDED FOR SUBDIVISION INTO PARCELS)
(拟细分单位的土地或建筑物)
AN AGREEMENT made this
本合约于__________所述之日期签订。
BETWEEN COUNTRY GARDEN DANGA BAY SDN. BHD. (Company No. 1021190-K), a company
(Licen No.: ________________________) with its registered office at
个子矮的女生穿衣搭配
开发商 ____________,为一家依据 1966
司(营业执照注册号:
the Vendor is the registered and beneficial owner of all that freehold land held under HSD __________ PTB ________________ in the Township of Johor Bahru, District of Johor Bahru, State of Johor in an area measuring approximately __________ square metres(hereinafter referred to as "the said Land");
鉴于卖方为以下HSD__________PTB__________(位于柔佛州,新山市;约__________平方米)永久土地注册及受益拥有方,以下简称“该土地”。
AND WHEREAS the said Land is charged to as curity for the loan granted to the Vendor;
鉴于该土地已抵押予__________作为银行按揭贷款给卖方之担保品。
AND WHEREAS the Vendor has, at its own cost and expen, obtained the approval of the building plans (hereinafter referred to as "the Building Plan") from the Appropriate Authority (A copy of the Site Plan, Layout Plan, Floor Plan and *Storey Plan/Delineation Plan as certified by the Vendor's architect are annexed in the First Schedule);
鉴于卖方已自费取得有关当局核发之建筑图批准,以下简称为“建筑图”(一份卖方建筑师认证的工地平面图、规划图、楼层图与楼面图附着表录一)。
AND WHEREAS the Vendor is developing the said Land as a housing development known as Country Garden Danga Bay, Pha _______ complete thereon with the common facilities as in the Second Schedule (Advertiment and Sale Permit No.: ____________________):
鉴于卖方正在开发该土地成为房屋发展项目,称为“________”, 并在该项目里建设表录二所示之公共设施(广告与销售许可证号:):
AND WHEREAS the Vendor has agreed to ll and the Purchar has agreed to purcha a parcel with vacant posssion as more particularly described in Section 2 of the Sixth Schedule hereto which is delineated and shaded GREEN in the *Storey Plan/Delineation Plan, measuring the area as t out in Section 2 of the Sixth Schedule hereto within Storey No. and of Building No. as stated in Section 2 of the Sixth Schedule hereto which is in turn delineated and shaded RED in the Site Plan (hereinafter referred to as "the said Building")*with accessory parcel with vacant posssion as described in Section 2 of the Sixth Schedule hereto (which is delineated and shaded BLUE in the Accessory Parcel Plan annexed in the First Schedule) (hereinafter referred to as "the said Parcel") subject to the terms and conditions hereinafter contained;
鉴于卖方同意出售及买方同意购买该拥有空置单位占有权的单位,如表录六第 2 节所示,即楼面图内
框线标绿色阴影部分,其面积如表录六第 2 节所示,即工地平面图内框线标红色阴影部分(以下称“该建筑”),以及如表录六第 2 节所示的附属单位(即于表录一附属单位图内框线标蓝色阴影部分)(以下统称“该单位”),并遵守本合约以下的条款。
NOW IT IS HEREBY AGREED as follows:
邮政编码英文
1.
and all encumbrances other than tho impod by the provisions hereto/ already subsisting at the date hereof (if any) and any conditions expresd or implied affecting the title of the said Parcel.很久以前英语
卖方兹此同意出售及买方同意购买该单位。该单位许未被加诸任何明示或默示的农业或工业条件和任何限制建筑居住房屋的条件及产权负担,除本合约条款规定/本合约日期已存续的条件与产权负担(若有)以及任何影响该单位地契的明示或默示的条件外。
Parcel free from encumbrances before the Purchar takes vacant posssion of the said Parcel
买方在取得该空置单位占有权前,该单位无任何产权负担
2. (1) The Proprietor and the Vendor shall not immediately and at any time after the date of execution of this Agreement subject the said Land to any encumbrances without the prior approval of the Purchar and the Proprietor and the Vendor hereby undertakes that the said Parcel shall be free from encumbrances immediately prior to the Purchar taking vacant posssion of the said Parcel.
卖方在本合约签订日后,未经买方事前许可,不得为该土地设置任何产权负担,以及卖方承诺在买方取得该空置单位占有权前的那一刻,该单位无任何产权负担。
(2) The Purchar shall grant such approval to the Proprietor and the Vendor encumbering the said Land for the purpo of obtaining credit facilities from any bank and/or financial institution only if the Purchar shall have first received confirmation in writing from the relevant bank and/or financial institution disclaiming their rights and interests over the said Parcel and undertaking to exclude the said Parcel from any foreclosure proceedings which such bank and/or financial institution may take against the Proprietor and the Vendor and/or the said Land.
买方应允许卖方对该土地设置产权负担,以从任何一家银行和/或金融机构获得信贷,惟买方应先取得相关银行和/或金融机构的书面确认其将放弃对该单位拥有的任何权利和利益,并且承诺当该银行和/或金融机构采取步骤针对卖方和/或该土地时,不对有关单位执行任何止赎程序。
(3) In the event the said Land shall be encumbered to any bank and/or
theProprietor/ Vendor, the Proprietor/ Vendor shall or
/或金融机构设置产权负担,卖方在本合约日期后,即刻交付或责成
/或金融机构所发出的赎回声明和保证书,授权买方将同等于该单位赎回价的部分购买价,或由融资机构发出同等于该单位赎回价的部分贷款,直接偿付给该银行和/或金融机构,其后的购买价或贷款余额应依表录三所规定的时间和方式分期逐步偿付给卖方。
Purcha price购买价
3. The purcha price of the said Parcel is stated in Section 3 of the Sixth Schedule hereto and shall be payable in the manner hereinafter provided.
该单位购买价如表录六第 3 节所述,并应按照本合约条款所规定的方式偿付。
Schedule of payments付款节点
4. (1) The purcha price shall be paid by the Purchar to the Vendor by instalments and at the tim
e and in the manner as prescribed in the Third Schedule. The Vendor is not bound to commence or complete the works in the order referred to in the Third Schedule and the Purchar shall pay the instalments according to the stage of works completed by the Vendor provided that any damage to the completed works by subquent stage of works shall be repaired and made good by the Vendor at its own cost and expen before the Purchar takes vacant posssion of the said Parcel.
买方应依表录三所规定的时间与方式分期偿付该单位的购买价于卖方。卖方没有义务依照表录三的顺序展开或完成工程。买方则须根据工程所完成的阶段付款。但在买方取得该空置单位占有权前,若后续工程对已完成的工程造成任何损坏,卖方须偿付所有已完成工程的任何缺陷的修复费用。
(2) Every notice referred to in the Third Schedule requesting for payment shall be supported by a certificate signed by the Vendor's architect or engineer in charge of the housing development and every such certificate so signed shall be proof of the fact that the works therein referred to have been completed.
过去分词
groove表录三所提及的每份通知信,须附上负责卖方房屋發展的建筑师或工程师的签署证书,此签署证书将是证明有关工程已完成的凭证。
Loan贷款
5. (1) If the Purchar is desirous of obtaining a loan to finance the payment of the purcha price of the said Parcel the Purchar shall, within fourteen (14) days after receipt of a stamped copy of the Agreement, make a written application for such loan to the Vendor who shall u its best endeavours to obtain for the Purchar from a bank, finance company, building society or a financial institution "the
Financier") a loan (hereinafter called "the Loan
reasonable time, execute all necessary forms and documents in
respect thereof.
interpret
英语发音词典买方应根据表录三所规定的方式及期限,将其全部贷款来偿付该单位的购买价。
(3) If the Purchar fails to obtain the Loan due to his ineligibility of income and has produced proof of such ineligibility to the Vendor, the Purchar shall then be liable to pay to the Vendor only one per centum (1%) of the purcha price and this Agreement shall subquently be terminated. In such an event, the Vendor shall, within twenty-one (21) days of the date of the termination, refund to the Purchar the balance of any amount paid by the Purchar.
若买方因收入不符合贷款资格而未能获得贷款,并且已提供卖方有关不符贷款资格的证明,买方谨须在偿付给卖方百分之一(1%)的购买价后,本合约将随即终止。在该种情况下,卖方应在本合约终止日期后的二十一(21)天之内,退还剩余的款项给买方。
(4) Subject to subclau (3), if the Purchar fails to accept the Loan or defaults in complying with the necessary requirements for the application or is disqualified as a result of which the Loan is with
drawn by the Financier, as the ca may be, the Purchar shall then be liable to pay to the Vendor the whole of the purcha price or such part thereof as shall then remain outstanding.
在前述第(3)分节的前提下,若买方拒绝接受贷款或没有符合所须申请条件或资格撤除而导致融资机构撤回贷款情况时,买方须偿付卖方该单位全部的购买价或部分尚未偿还的购买价。
(5) In the event that the Vendor shall not be able to obtain any loan for the Purchar, the Vendor shall, within fourteen (14) days after receipt of notification of rejection of the loan, inform the Purchar of the same and the Vendor shall not in any way be liable to the Purchar for any loss, damage, cost or expen howsoever arising or incurred and such failure to obtain the loan shall not be a ground for any delay in the payment or for any non-payment on due dates of any of the instalments of the purcha price as t out in the Third Schedule.
若卖方未能替买方取得任何贷款,卖方须在接获贷款拒绝通知后的十四(14)天内告知买方,卖方将无须对买方负上任何损失、损害、费用或开支的责任。未获得贷款并不能作为延误或拒付依表录三所规定之购买价的理由。
(6) If required by the Financier and upon receipt by the Vendor of an unconditional undertaking from the Financier to pay the loan sum in the manner t out in the Third Schedule, the Vendor shall forw
ard to the Financier an undertaking to refund the loan sum in the event the Memorandum of Transfer of the said Parcel cannot be registered in favour of the Purchar for any reason which is not attributable to the Purchar.
若融资机构要求,卖方在收到由融资机构所发出依表录三所规定的方式偿付贷款的无条件承诺函后,卖方应发出给融资机构一分信函,承诺若该单位的地契转让备忘录因任何不能归咎于买方的理由,使到该单位未能转让与登记在买方名下,卖方将退还贷款金额。
Loans from Federal or State Government or statutory authority
2013年英语四级答案联邦或州政府或法定机构提供的贷款
yinkeji6. (1)
protection
(2) If the Purchar fails to obtain the loan for any reason whatsoever, the Purchar shall then be liable to pay to the Vendor the whole of the purcha price or such part thereof as shall then remain outstanding.
若买方因任何理由未能取得任何贷款,买方须偿付卖方全部的购买价或部分尚未偿还的购买价。Purchar's right to initiate and maintain action买方诉讼的权利
7. The Purchar shall be entitled on his own volition in his own name to initiate, commence, institute and maintain in any court or tribunal any action, suit or proceeding against the Proprietor and/or Vendor or any other person in respect of any matter arising out of this Agreement provided the Purchar's Financier under a deed of absolute assignment is notified in writing either before or within fourteen (14) days after the action, suit or proceeding against the Proprietor and/or Vendor or any such other person has been filed before any court or tribunal.
买方有权按照其意愿,以自己的名义在任何法院或仲裁庭,就本合约相关事项,对卖方或其他人采取、启动或维持任何诉讼、起诉或法律程序,买方提交诉讼前或之后的十四(14)天之内,应书面通知在转让契约底下注明的融资机构有关讼诉。