Expandify terminates the agreement

Expandify’s solicitors: termination of the agreement

13 October 2026, 10:08am | Summary of the incoming termination notice from Expandify's solicitors. Lawyer names, firm and contact details are withheld. This is a summary, not a reproduction of the original email. Original retained privately.

The notice refers to the parties' sales agreement signed on 11 July 2025 and the 2 October notice under clause 12.1, relating to unpaid invoice 0278 for $67,200.91.

It states that clause 12.1 permits immediate termination by written notice where a payment breach is not remedied within five business days of notice. It says five business days have elapsed and payment has not been received.

Expandify states that it terminates the agreement effective immediately.

It says it intends to exercise its claimed right under clause 12.6 to sell the goods to another party. It states that, under clause 12.4, it will not deliver the goods and may retain payments to set off costs and losses incurred on resale. These are the clauses cited in the notice.

It says it will use reasonable efforts to mitigate losses from termination and resale, relying on clause 12.7.

It intends to refund any balance of the amounts paid after deducting its claimed costs and resale losses. It says reconciliation will occur as soon as practicable, likely after the dwelling is resold, when those costs and losses can be calculated.

The notice specifies no sale price, itemised deductions, refund amount or payment date. It does not establish that a resale has occurred. Kay's solicitor disputes Expandify's right to terminate; the notice's assertions are not findings.

Source limitations

Incoming notice summary. Original retained privately.