|
BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
11 Sep 2012 v2.5
|
Clause 6.6
|
Where the Principal has complied with the Work Health and Safety Regulation 2011 (WHS Regulation) in accordance with Clause 11.2 of this Agreement, the Principal must provide copies of documentation referred therein to the Agent prior to entering into this Agency Agreement.
|
|
Clause 7(f)
|
any claim for compensation in respect of damage or loss to the Vendor’s goods.
|
|
Clause 11
|
Work Health & Safety
11.1
|
Where the Property being offered for sale is a workplace as defined under the Work Health and Safety Act 2011, Regulation 2011, insofar as either party to this Agreement is, with respect to such Property a - Person Conducting a Business or Undertaking (PCBU) (under the Work Health and Safety Act 2011, Regulations or relevant Codes of Practice in relation thereto) such party must comply with the Act, Regulations and relevant Codes of Practice. Provided however, in carrying out such obligations, the Agent acts only as Agent for the Principal.
|
11.2
|
A PCBU with management or control of a workplace must ensure:
(1)
|
so far as is reasonably practicable, that all asbestos or asbestos containing material at the workplace is identified by a competent person or otherwise its presence is assumed.
|
(2)
|
where applicable to the workplace, an asbestos register is prepared, maintained, reviewed and kept at the workplace in accordance with Section 425 of the WHS Regulation.
|
(3)
|
where asbestos has been identified at the workplace, an asbestos management plan is prepared, maintained and reviewed in accordance with Section 429 of the WHS Regulation.
|
(4)
|
compliance with the relevant provisions of the WHS Regulation and relevant Code of Practice relating to management and control of asbestos in the workplace.
|
|
11.3
|
The Principal authorises and directs the Agent to take steps appropriate to ensure compliance with Clause 11.2, at the Principal’s expense, where:
(a)
|
the Principal has failed to provide copies of documents in accordance with Clause 6.6 to the Agent within a reasonable time; or
|
(b)
|
the Principal has not, where required by the WHS Regulation, complied with the provisions of Clause 11.2.
|
|
11.4
|
The Property as detailed in Item (4) is the property of, and is at all times, notwithstanding the appointment of the Agent, under the control of, the Principal as Duty Holder.
|
11.3
|
It is the Principal’s responsibility to comply, so far as reasonably practicable, with its obligations under Section 21 of the Work Health and Safety Act 2011 with respect to ensuring any fixtures, fittings and plant, to which such Act applies, are without risk to the health and safety of any person.
|
|
|
Clause 15.2(2)
|
property data collection agencies; and/or
|
22 Mar 2012 v2.4
|
Item J
|
ASBESTOS Clause 11.1
The Owner is required to comply with the Code of Practice for Management and Control of Asbestos for the Premises:
__ - No - Section 425(6) of the Work Health & Safety Regulation 2011 applies
__ - Yes - Is there a current Asbestos Register and Management Plan for the Premises: __ Yes __ No
Note: Section 428 of the Work Health & Safety Regulation 2011 requires that a copy of the Asbestos Register be given to the person assuming management or control of the workplace.
|
|
Clause 11.1
|
Where the Property being offered for sale is a workplace under the Work Health and Safety Regulation 2011,and the Owner is the person with management or control of the Property, the Owner confirms, unless otherwise disclosed in the Item Schedule hereto, that the Owner, to the extent required, has complied with the requirements of the current Code of Practice for the Management and Control of Asbestos in the Workplace. insofar as either party to this Agreement is, with respect to such the Property a - Person Conducting a Business or Undertaking (under the Work Health and Safety Act 2011, Regulations or relevant Codes of Practice in relation thereto) such party must comply with the Act, Regulations and or relevant Codes of Practice. Provided however, in carrying out such obligations, the Agent acts only as Agent for the Principal.
|
15 Feb 2012 v2.3
|
Item C(1)
|
Subject to this Agreement, on the Sale of the Property (at the Price listed in Item 5.1) the Agent shall be entitled to Commission a fee of …..….........………………………………………………....…..…….(incl. GST)
(The Agent’s Commission is based on the GST inclusive/exclusive selling price)
|
|
Item C(2)
|
Based on the Agent’s maximum estimated selling price (Item 5.2) the Commission (Item (C)(1)) in dollars Fee would be …………....................................................................................………………. (incl. GST)
(Note: the fee will vary based on the actual sale price of the Property).
|
|
Clause 7
|
The Agent having complied with its obligations under this Agreement, the Principal indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs damages and expenses arising out of this Agreement in respect of:
|
01 Jan 2012 v2.2
|
Item J
|
The Owner is required to comply with the Code of Practice for Management and Control of Asbestos for the Premises:
_ - No - Section 425(6) of the Work Health & Safety Regulation 2011 applies
_ - Yes - Is there a current Asbestos Register and Management Plan for the Premises: _ Yes _ No
Note: Section 428 of the Work Health & Safety Regulation 2011 requires that a copy of the Asbestos Register be given to the person assuming management or control of the workplace.
|
|
|
Clause 1.1(2)
|
Duty Holder: has the meaning given to it under Chapter 3 of the Work Health and Safety Regulation 2011.
|
|
Clause 7
|
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 this Agreement in respect of:
|
|
Clause 11
|
Work Occupational Health and Safety
11.1
|
Where the Property being offered for sale is a workplace under the Work Health and Safety Regulation 2011, and the Owner is the person with management or control of the Property, the Owner confirms, unless otherwise disclosed in the Item Schedule hereto, that the Owner, to the extent required, has complied with the requirements of the current Code of Practice for the Management and Control of Asbestos in the Workplace.
|
11.2
|
Insofar as either party to this Agreement is, with respect to the Property a - Person Conducting a Business or Undertaking (under the Work Health and Safety Act 2011, Regulations or relevant Codes of Practice in relation thereto) such party must comply with the Act, Regulations or relevant Codes of Practice. Provided however, in carrying out such obligations, the Agent acts only as Agent for the Principal.
|
11.2
|
The Principal has carried out inspection of any plant and equipment both new and used included in the sale in accordance with the Occupational Health and Safety Regulations 2001.
|
11.3
|
The Property as detailed in Item (4) is the property of, and is at all times, notwithstanding the appointment of the Agent, under the control of, the Principal as Duty Holder.
|
11.4
|
It is the Principal’s responsibility to comply, so far as reasonably practicable, with its obligations under Section 21 of the Work Health and Safety Act 2011 with respect to ensuring any fixtures, fittings and plant, to which such Act applies, are without risk to the health and safety of any person.
|
|
01 Nov 2011 v2.1
|
Item I
|
BUILDING ENERGY EFFICIENCY DISCLOSURE Clause 1.1(6)
Where this Agreement relates to the selling of a Property required under the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current registered Building Energy Efficiency Certificate (BEEC) rating of the energy efficiency of the Property (Recognised Rating), the Principal (as Owner): confirms it has such BEEC and agrees to provide the BEEC to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA
(a)
|
confirms it has a valid & current Recognised Rating; and
|
(b)
|
agrees and undetakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.
|
|
|
Clause 1.1(6)
|
Recognised Rating: includes any of the following:
(a)
|
Building Energy Efficiency Certificate; or
|
(b)
|
National Australian Built Environment Rating System (NABERS Energy Star Rating); or
|
(c)
|
other recognised rating for the Property.
|
Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.
|
02 Aug 2011 v2.0
|
Item 3
|
AGENT *(Where the Agent trades as a corporation, include the corporation’s licence number)
Name: ...........................................................................................................................................
Address: …………………………………………………………………….....… ACN: …………………………
……………………………………………………………………………………... ABN: …………………………
Phone: ..(….)……………………….. Fax: ..(…..)…………………….…. Mobile: ……………………………..
Email: ………………………………………….…………………………………………..………………………...
Licence Number/s*: ….………………………………………………….....………. GST Registered: Yes/No
|
|
Clause 8.6
|
Unless otherwise stated, all prices of goods and services under this Agreement include (where applicable) GST.
|
|
Clause 12
|
The parties agree and confirm this Agreement documents may be forwarded electronically to a person if the recipient that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
|
|
Clause 15.2(4)
|
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.
|
|
Clause 15.4
|
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.
|
04 Feb 2011 v1.9
|
Item I
|
Where this Agreement relates to the selling of a Property required under affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current rating of the energy efficiency of the Property (Recognised Rating), the Principal (as Owner):
(a) confirms it has a valid & current rating of the energy efficiency of the Property (Recognised Rating); and
(b) agrees and undertakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.
|
|
Item M
|
A signed copy of this Agreement must be served, by the Agent, on the Principal within 48 hours after signing by the Principal. If a copy was given at the time of signing, the Principal(s) confirm having received such copy by initialing.
The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.
__ Copy received by the Principal(s): Date received: …./…./…. Principal(s) initials: ……………………
|
|
Clause 15
|
15.1
|
The Agent collects and uses personal information provided by obtained from you as the Principal to provide the services required by you or on your behalf.
|
15.2
|
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: in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):
|
|
(1)
|
potential buyers; and/or
|
|
(2)
|
data collection agencies; and/or
|
|
(3)
|
Owner’s Corporations & financial institutions; and/or
|
|
(4)
|
other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration and complying with legislative and regulatory requirements.
|
|
(4)
|
analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.
|
|
(5)
|
allowing the credit reporting agency to create or maintain a credit information file containing information about you the Principal.
|
15.2
|
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)).
|
15.3
|
Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.
|
15.4
|
The Principal has the right to request the Agent provide details of such information provided and also do all things reasonably necessary to amend or remove correct any inaccurate or out of date information.
|
|
01 Nov 2010 v1.8
|
Item I
|
Where this Agreement relates to the selling of a Property affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA), the Principal (as Owner):
(a) confirms it has a valid & current rating of the energy efficiency of the Property (Recognised Rating); and
(b) agrees and undertakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.
|
|
Item L
|
Signature of Principal
………………………………………….
Date: ……/……/……
|
Signature of Principal
………………………………………….
Date: ……/……/……
|
Signature of Agent
………………………………………….
Date: ……/……/……
|
|
The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.
|
|
Item M
|
The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.
__ Copy received by the Principal(s):
Date received: …./…./…. Principal(s) initials: ……………………
|
|
Clause 1.1(6)
|
Recognised Rating: includes any of the following:
(a)
|
Building Energy Efficiency Certificate; or
|
(b)
|
National Australian Built Environment Rating System (NABERS Energy Star Rating); or
|
(c)
|
other recognised rating for the Property.
|
Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.
|
|
Clause 12
|
The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
|
05 Aug 2009 v1.7
|
Clause 8.1
|
The Principal acknowledges the Agent is entitled to Commission if:
(a)
|
during the Exclusive Agency Period (Item A) or any extension thereof, the Property is sold; or
|
(b)
|
during the Non Exclusive Agency Period (Item B) the Property is sold to a purchaser who has been effectively introduced by the Agent and the Agent is the effective cause of sale; or
|
(c)
|
after the conclusion of the Exclusive or Non Exclusive Agency Periods (Item A and B) the Property is 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
|
|
03 Apr 2009 v1.6
|
Clause 8.1(d)
|
a binding contract is entered into pursuant to Clauses 8.1(a), 8.1(b) or 8.1(c) and not completed due to the default of the Principal.
|
|
Clause 8.2
|
Should a binding contract be entered into but not completed due to:
(a)
|
any default by the Principal; or
|
(b)
|
the Principal, as Seller, releasing the Purchaser (by mutual agreement or otherwise) from the Purchaser’s contractual obligations; or
|
(c)
|
the deposit forfeited to the Seller due to the Purchaser’s non performance
|
the Principal agrees the Commission is payable to the Agent forthwith. Provided however, where Clause 8.2(c) applies, Commission will remain due but monies payable shall (subject to the Seller’s rights to claim damages for breach of contract) be limited to the receipted deposit monies.
|
04 Dec 2008 v1.5
|
Clause 1.1(4)
|
Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.
|
|
Clause 11
|
11.1
|
The Property as detailed in Item (4.1) is the property of and is at all times, notwithstanding the appointment of the Agent under the control of the Principal.
|
11.2
|
The Principal has carried out inspection of any plant and equipment both new and used included in the sale in accordance with the Occupational Health and Safety Regulations 2001.
|
|
20 Dec 2007 v1.4
|
Item J
|
The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.
This Agreement must include a copy of the Sales Inspection Report prepared by the Agent and given to the Principal under Clause 2 of Schedule 2 of the Regulations to the Act.
|
|
Clause 5.1
|
The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Property.
|
|
Clause 5.2
|
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.
|
|
Clause 6.1
|
The Principal has at the time of entering into this Agreement disclosed to the Agent all relevant and material facts about the Property and has not provided information that is or is likely to be misleading or deceptive.
|
|
Clause 6.3
|
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.
|
|
Clause 7
|
The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:
(a)
|
authorised sales advertising and signage; or
|
(b)
|
the Principal’s failure to comply with this Agreement; or
|
(c)
|
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
|
(d)
|
the Agent acting on behalf of the Principal under this Agreement.
|
(e)
|
the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts
|
This means The Agent will be indemnified by the Principal in respect of relation to such actions, claims, demands, losses, costs, damages and expenses so arising out of this Agreement or resultant upon any act, omission or negligence on the part of the Principal.
|
12 June 2007 v1.3
|
Item C
|
(The Agent's Commission is based on the GST inclusive/exclusive selling price)
|
|
Clause 7(e)
|
the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts.
|
|
Clause 14
|
14.1
|
The Agent collects and uses personal information obtained from you as the Principal to provide the services required by you or on your behalf. You as the 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): arketing, sales promotion and administration and as required for legislative and regulatory requirements relating to promotion, administration and use of the Agent’s 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.
|
|
(1)
|
marketing; and/or
|
|
(2)
|
sales promotion and administration; and/or
|
|
(3)
|
legislative and regulatory requirements relating to promotion, administration and use of the Agent's products and services; and/or
|
|
(4)
|
analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.
|
|
(5)
|
allowing the credit reporting agency to create or maintain a credit information file containing information about you the Principal.
|
14.2
|
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)).
|
14.3
|
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.
|
|
05 Apr 2007 v1.2
|
Item H
|
The Agent is / is not authorised to conjunct with other agents for a Conjunctional Sale of the Property for the duration of this Agreement. If so Commission is:
Commission Apportionment as a %: (If not completed Commission will be apportioned equally)
Appointment Agent: ........................... Conjuncting Agent: ..................................
|
08 Mar 2007 v1.1
|
Clause 5.8
|
Should the Agent have a relevant interest in the sale of the Property, no advertisement relating to the sale of the Property shall be published unless the relevant interest is disclosed in the advertisement in accordance with Section 50 (2) of the Act.
|
|