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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
01 Jan 2012 v1.4
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Item 12 Note
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The Special Conditions are inserted under instruction from a party to this Agreement and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent. Legal advice should be sought.
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Clause 1.1(2)
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Duty Holder: has the meaning given to it under Chapter 3 of the Work Health and Safety Regulation 2011
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Clause 6.1(b)
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during the Non Exclusive Agency Period (Item 5) The Goods are sold to a purchaser who has been effectively introduced by the Agent and the Agent is the effective cause of sale; or
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Clause 6.1(c)
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after the conclusion of the Exclusive or Non Exclusive Agency Periods (Items 4 and 5) The Goods are sold to a purchaser who has been effectively introduced by the Agent during either of those Agency Periods. and the Agent is the effective cause of the sale.
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Clause 6.6
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Unless otherwise stated, all prices of goods and services under this Agreement include (where applicable) GST.
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Clause 8
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The Agent having complied with its obligations under this Agreement, the Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of:
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Clause 11.1
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The Principal confirms The Goods, as detailed in Item (3), are the property of, and are at all times, notwithstanding the appointment of the Agent under the control of, the Principal as Duty Holder.
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Clause 11.2
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The Principal confirms having inspected any plant and equipment, both new and used, included in the sale in accordance with the Occupational Health and Safety Regulation 2001 its obligations under the Work Health and Safety Act 2011, regulations and relevant codes of practice thereto.
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Clause 11.3
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The Principal will at the time of entering into this Agreement provide, in compliance with the Work Health & Safety Act 2011, Regulations and codes of practice thereto, Occupational Health and Safety Act 2000 and Regulations, all available information and records to the Agent concerning health & safety with respect to The Goods and advise the Agent in writing of any faults, defects or likely risk of injury detected in or arising from The Goods.
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Clause 11.6
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The Principal agrees acknowledges The Goods at all times it remains the Duty Holder in respect to The Goods under the control of the Principal and the Agent is only to deal with The Goods in accordance with the Principal’s instructions.
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Clause 11.8
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It shall be the responsibility of the Principal to instruct the Agent in respect of proper presentation of The Goods for sale taking into account, in such presentation, any requirements of the Work Health & Safety Act 2011, Regulations and codes of practice thereto. the requirements of the Occupational Health and Safety Act 2001.
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Clause 13
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13.1
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The Agent collects and uses personal information obtained from you as Principal to provide the services required by you or on your behalf. You as Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):
(1)
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marketing; and/or
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(2)
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sales promotion and administration; and/or
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(3)
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legislative and regulatory requirements relating to promotion administration and use of the Agents products and services
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(4)
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analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services
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(5)
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allowing the credit reporting agency to create or maintain a credit information file containing information about you the Principal.
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13.2
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You as the Principal further agree and consent to the Agent obtaining from a credit report agency a Consumer Credit Report containing personal credit information about you the Principal for the purposes of the collection of overdue payments. (Section 18k (1) (h) of the Privacy Act 1988 (CTH)).
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13.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf. The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
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13.1
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The Agent collects and uses personal information provided by you as the Principal to provide the services required by you or on your behalf.
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13.2
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You as the Principal agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to:
(1)
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potential buyers; and/or
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(2)
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data collection agencies; and/or
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(3)
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Owner’s Corporations & financial institutions; and/or
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(4)
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other third parties as may be required by the Agent for the purposes of marketing, sales promotion and administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.
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13.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.
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13.4
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The Principal has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
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Clause 14
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The parties agree and confirm the Agreement may be forwarded electronically if the recipient has provided an email address or facsimile number in the Item Schedule to this Agreement.
By signing this Agreement all parties acknowledge agree to having given prior approval in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related documents agreements for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).
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20 May 2009 v1.3
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Item 2
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Company Name: …………………………….………………………………………..
Trading As: …………………………………………….…………………………
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Item 3
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The Goods will be put to public auction on ___/___/______ or a date later submitted by the Principal.
Description of The Goods
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Reserve Price (if any)
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Tick if GST included
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Item 4
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4.1
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This Agreement commences on …………………………… and concludes …………………………… unless extended in writing by the Principal. Either party can terminate this Agreement (without penalty) by giving the other party 7 days notice in writing.
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4.2
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The Goods will be put to public auction on ___/___/______ or a date later submitted by the Principal.
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Item 5
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Both parties agree that on the conclusion of the Exclusive Period (Item 4) this Agreement will continue as a Non Exclusive Agreement until terminated in writing by either party, or The Goods are sold. Such termination will be without prejudice to either parties existing rights, duties or obligations.
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Item 6
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Subject to this Agreement on the sale of T he Goods (at the Price listed in Item 3) the Agent shall be entitled to a fee of ………………………………………………………………………………………. (incl. GST)
Should The Good/s be sold during this Agreement or if the Agent is the effective cause of the sale during this Agreement the Agent shall be entitled to the following commission:
Description of The Goods
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Amount
($ or %)
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Incl. GST
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Table Deleted
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Item 7
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SERVICES & OUTGOINGS item deleted
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Item 7
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The Principal shall reimburse the Agent for the following authorised Expenses incurred during this Agreement:
Expense
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Amount (incl. GST)
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*Due and Payable
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* When Due and Payable is left blank, Expenses are payable on receipt by the Principal of an itemised invoice.
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Item 8
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The Agent is authorised to allow a prospective purchaser to inspect The Goods according to the following instructions (unless the Principal instructs otherwise):
.............................................................................................................
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Item 9
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9.1
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The Agent shall advertise/market The Goods for sale in the following manner:
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9.2
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Signage erected advertising the sale is permitted: __ Yes __ No
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9.3
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Maximum expenditure on advertising and/or marketing, unless otherwise directed is $ ……………
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Item 11
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THIRD PARTY INTERESTS
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Item 12
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SPECIAL CONDITIONS
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Item 13
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The Principal acknowledges having received a copy of this Agreement.
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Clause 1
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1.1
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In this Agreement (which includes the Item Schedule) the following terms mean:
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(1)
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Act: the Property, Stock and Business Agents Act 2002 and the Property, Stock and Business Agents Regulations 2003 as amended.
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(2)
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GST: where used in this Agreement has the meaning used in A New Tax System (Goods & Services Tax) Act 1999 and “GST” includes any applicable rulings issued by the Commissioner of Taxation.
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(3)
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Item: an Item in the Item Schedule forming part of this Agreement.
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(4)
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Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.
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1.2
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Other words and phrases not defined in this Agreement take on those meanings given to them in the Act.
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Clause 2
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By signing this Agreement the Principal(s) warrants and confirms:
(1)
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having read this Agreement
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(2)
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it has full having authority to enter into this Agreement, and
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(3)
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having authority to grant to the Agent selling rights to The Goods during the term of this Agreement specified in Item (4).
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(4)
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The Goods will be transferred to the Buyer free of encumbrance or any third party interest.
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(5)
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it is the sole owner of The Goods
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Clause 3
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The Principal by this Agreement appoints the Agent as Exclusive Agent the Principal will for the duration of this Agreement and will refer any prospective purchasers of which the Principal becomes aware to the Agent.
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Clause 4
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In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns to sell The Goods for the Principal and the Agent agrees. to sell The Goods for the Principal. Authority vested in the Agent by this Agreement appointment shall be deemed to be vested in the Agent’s authorised employees.
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Clause 5
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5.1
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The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to The Goods.
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5.2
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The Agent must, in compliance with Section 52 of the Act, not make any promise that is false, misleading or deceptive or conceal any material facts.
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5.3
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The Agent will not be required to provide services not authorised by this Agreement.
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5.4
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The Agent will account to the Principal for the net proceeds from the sale of The Goods within 7 days of the receipt of monies from the Purchaser.
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5.5
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The Agent is authorised to deduct from monies received by the Agent on behalf of the Principal authorised Fees, Commissions and other outlays owing to or incurred by the Agent in association with this Agreement, including those fees, charges and payments authorised in Items (6) and (7).
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5.6
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The Agent’s authority does not extend beyond the terms of this Agreement and the Agent will not be required to provide services not authorised by this Agreement.
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Clause 6
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6.1
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The Principal acknowledges the Agent is entitled to Commission if:
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(a)
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during the initial or any extended Exclusive Agency Period (Item 4), The Goods are sold; or
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(b)
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during the Non Exclusive Agency Period (Item 5) The Goods are sold and the Agent is the effective cause of the Sale; or
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(c)
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after the conclusion of the Exclusive or Non Exclusive Agency Periods (Items 4 and 5) The Goods are sold to a purchaser introduced by the Agent during either of those Agency Periods, and the Agent is the effective cause of the sale.
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6.2
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The Commission will be payable to the Agent if The Goods are sold during the Exclusive Agency Period irrespective of whether The Goods are sold by the Agent, Principal or another person.
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6.3
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The Commission as detailed in Item (6) will be due and payable on settlement of the sale. The Agent will be entitled to the Commission if a contract of purchase is entered into and not completed due to the default of the Principal.
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6.4
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The Agent is entitled to remuneration/ reimbursement Fees for fees or services and remuneration for Expenses in the amounts set out in Item (7) and (8) respectively, incurred while executing the services under this Agreement (including any taxes or deductions debited by banks or other financial institutions against the Agent’s account and attributable to the affairs of the Principal) as set out in Items (6) and (7) respectively, for the execution of services under this Agreement.
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6.5
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The services and amounts detailed in this Agreement cannot be varied except without the agreement in writing signed by both parties.
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6.6
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All prices of goods and services under this Agreement include GST.
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6.7
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Failure to comply with the Act, Regulations or this Agreement may result in penalties against the Agent and prevent the Agent from recovering Commission and other monies under this Agreement.
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6.8
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The parties acknowledge Section 36 of the Act provides that an application to review a statement of claim or itemized account may be made to the Tribunal under the Consumer Claims Act 1998 by the Principal. If such application is not made within 28 days of a statement of claim or itemized account being served upon the Principal, the Agent may commence action for recovery.
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Clause 7
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7.1
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To effect and maintain insurance of The Goods.
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7.2
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To provide to the Agent, at the time of listing, prior to The Goods being offered for sale full details of The any Goods and relevant information indicating liability for GST or otherwise. which may be liable for GST on their sale.
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7.3
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To notify the Agent in writing of all third party interests in The Goods and advise in relation to consent of such parties to release of their interest in the sale of The Goods.
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7.4
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To notify the Agent of all offers for the sale of The Goods known to the Principal.
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7.5
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The Principal has at the time of entering into this Agreement disclosed to the Agent all relevant and material facts about The Goods and has not provided information that is or is likely to be misleading or deceptive.
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7.6
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The Principal will at all times during the currency of this Agreement keep the Agent advised of and disclose to the Agent in writing all relevant and material facts and changes thereto about The Goods.
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7.7
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There is a positive obligation on the Principal to disclose relevant and material facts. Any failure to disclose information known to the Principal which may detract from this sale will be a breach of this Agreement.
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Clause 8
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The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of: this Agreement from;
(a)
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authorised sales advertising and signage; or
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(b)
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the Principal’s failure to comply with this Agreement; or
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(c)
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the Principal’s failure to give the Agent prompt and appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or
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(d)
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the Agent acting on behalf of the Principal under this Agreement.
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Clause 9
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9.1
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The Agent makes no representation as to being a financial or investment advisor.
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9.2
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The provision by the Agent of financial and investment advice is general advice and its preparation has not taken into account the individual circumstances of the Principal or the Principal’s objectives, financial situation or needs. In relation to financial and investment advice the Principal should consult their accountant or financial adviser.
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Clause 10
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The Agent is entitled to retain any Rebates, Discounts and/or Commissions in connection with services performed by the Agent in the capacity of the Agent for or on behalf of the Principal as disclosed in Item (10).
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Clause 11
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11.1
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The Principal confirms The Goods, as detailed in Item (3), are the property of and are at all times, notwithstanding the appointment of the Agent, under the control of the Principal.
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11.2
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The Principal confirms having inspected any plant and equipment, both new and used, included in the sale in accordance with the Occupational Health and Safety Regulation 2001.
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11.3
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The Principal will at the time of entering into this Agreement provide, in compliance with the Occupational Health and Safety Act 2000 and Regulations, all available information and records to the Agent concerning health & safety with respect to The Goods and advise the Agent in writing of any faults, defects or likely risk of injury detected in or arising from The Goods.
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11.4
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The Principal confirms the provision of information required by Clause 11.3 is to enable the Agent to make such information available to prospective purchasers, which the Principal authorises and directs, and further confirms the information is in all respects true and correct.
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11.5
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The Principal indemnifies the Agent against any claim or loss the Agent may sustain in relying on the information provided by the Principal.
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11.6
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The Principal agrees The Goods at all times remain under the control of the Principal and the Agent is only to deal with The Goods in accordance with the Principal’s instructions.
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11.7
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The Agent acting in accordance with the Principal’s directions and/or exercising proper care and responsibility shall not be liable for damage or loss to The Goods whilst in the Agent’s possession.
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11.8
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It shall be the responsibility of the Principal to instruct the Agent in respect of proper presentation of The Goods for sale taking into account, in such presentation, the requirements of the Occupational Health and Safety Act 2001.
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Clause 12
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Any Special Condition to this Agreement shall form part of this Agreement. Should there be inconsistency between the terms of this Agreement and a Special Condition, the Special Condition shall apply.
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Clause 13
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13.1
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The Agent collects and uses personal information obtained from you as Principal to provide the services required by you or on your behalf. You as Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):
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(1)
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marketing; and/or
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(2)
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sales promotion and administration; and/or
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(3)
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legislative and regulatory requirements relating to promotion administration and use of the Agents products and services.
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(4)
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analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.
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(5)
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allowing the credit reporting agency to create or maintain a credit information file containing information about you the Principal.
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13.2
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You as the Principal further agree and consent to the Agent obtaining from a credit report agency a Consumer Credit Report containing personal credit information about you the Principal for the purposes of the collection of overdue payments. (Section 18k (1) (h) of the Privacy Act 1988 (CTH)).
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13.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf. The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
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Clause 13
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GST where used in this Agreement, has the meaning used in A New Tax System (Goods & Services Tax) Act 1999 and “GST” includes any applicable rulings issued by the Commissioner of Taxation.
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06 Jan 2006 v1.2
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Clause 3
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In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns and the Agent agrees to sell the Goods for the Principal. Authority vested in the Agent by this appointment shall be deemed to be vested in the Agent’s authorised employees.
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Clause 10
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By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related agreements, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).
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17 Mar 2005 v1.1
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Clause 8
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The Agent collects and uses personal information obtained from you as Principal to provide the services required by you or on your behalf. You as Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) to third parties for (where applicable) marketing, and sales promotion and administration and as required for legislative and regulatory requirements and relating to promotion administration and use of the Agents products and services. Without provision of certain information the Agent may not be able to act effectively or at all on the Principal's behalf. The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
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