|
BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
11 Sep 2012 v3.0
|
Clause 7
|
The Agent having complied with its obligations under this Agreement, the Principal indemnifies the Agent, its officiers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out this Agreement in respect of:
|
|
Clause 7(f)
|
any claim for compensation in respect of damage or loss to the Vendor’s goods.
|
|
Clause 16
|
Electronic Use of Advertising Photographs
Where the Vendor has authorised and directed the Agent to advertise the Property by electronic means (eg. Website), as set out in Item (F), the Agent will take reasonable care to protect copyright of photos used in such advertising material but the Vendor acknowledges once the advertising material is electronically uploaded, to an advertising site, the Agent has no control over the unauthorised reproduction or use of such photos.
|
|
Clause 17.2(2)
|
property data collection agencies; and/or
|
01 Jan 2012 v2.9
|
Clause 1.1(2)
|
Duty Holder: has the meaning given to it under Chapter 3 of the Work Health and Safety Regulation 2011.
|
|
Clause 6.6
|
It is the Principal’s responsibility to ensure that:
(1)
|
risks arising from the condition of any new plant and equipment sold with or forming part of the Property is controlled or eliminated at the time of completion of any sale resultant upon this Agreement.
|
(2)
|
the Principal has, with respect to the plant and equipment, complied with relevant risk control measures in particular Section 34 to 38 of the Occupational Health and Safety Regulation 2001.
|
(3)
|
the Purchaser and the Agent are provided with:
(1)
|
all available information and records concerning health and safety in relation to the plant and equipment; and
|
(2)
|
any information, data or certificate provided by the manufacturer, or kept in accordance with the Occupational Health & Safety requirements.
|
(3)
|
information in writing identifying any faults or risks detected in the plant and equipment and steps the purchaser may take to rectify faults and eliminate risks
|
|
|
|
Clause 6.7
|
The Principal will advise the Agent and the Purchaser or the intended owner of any used plant and equipment in writing, before the sale or transfer, of any faults detected in the plant and equipment, and if appropriate, that the plant and equipment are is not to be used until the faults are rectified.
|
|
Clause 6.8
|
The Principal will clearly mark any plant and equipment, suitable only for use as scrap or for spare parts, and notify the purchaser in writing advising that such plant and equipment must not be used for work but only for scrap or for spare parts.
|
|
Clause 6.9
|
The Principal acknowledges, for the purposes of this Agreement, it is the Controller of the Property and plant and equipment and is subject to the duties imposed by Section 10 of the Occupational Health & Safety Act 2000.
|
|
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 12
|
Work Occupational Health & Safety
12.1
|
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 as Duty Holder.
|
12.2
|
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.
|
12.2
|
The Principal has complied with its obligations under the Work Health and Safety Act 2011 with respect to ensuring, so far as reasonably practicable, any fixtures, fittings and plant, to which such Act applies, are without risk to the health and safety of any person.
|
12.3
|
The Principal will provide the Purchaser and the Agent with:
(1)
|
all available information and records concerning health and safety relating to fixtures, fittings or plant including information kept in accordance with Work Health and Safety requirements and data or certificates provided by the manufacturer.
|
(2)
|
information in writing identifying any faults or risks detected in the fixtures, fittings or plant and steps the purchaser may take to rectify faults and eliminate risks.
|
|
12.4
|
The Principal will advise the Agent and the Purchaser or the intended owner of any used fixtures, fittings or plant in writing before the sale or transfer, of any faults detected in the fixtures, fittings or plant and if appropriate, that the fixtures, fittings or plant are not to be used until the faults are rectified
|
12.5
|
The Principal will clearly mark any fixtures, fittings or plant, suitable only for use as scrap or for spare parts, and notify the purchaser in writing advising that such fixtures, fittings or plant must not be used for work but only for scrap or for spare parts.
|
|
02 Aug 2011 v2.8
|
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 13
|
The parties agree and confirm this Agreement documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
|
09 May 2011 v2.7
|
Item 12 Note
|
Note: Item 12.2 is an estimate of price not a valuation & excludes GST.
|
|
Item 12 Warning
|
WARNING: This 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. and is not a valuation.
|
|
Item J
|
ADDITIONAL INSTRUCTIONS
|
|
Item K Note
|
The Special Conditions are inserted under instruction from a party to this Contract 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.
|
|
Item M
|
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 N
|
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. Principal(s) initials: ……………………
|
|
Clause 8.7
|
Unless otherwise stated, all prices of goods and services under this Agreement include (where applicable) GST.
|
|
Clause 10.2
|
The Agent’s estimated selling price range is applicable as at the date of this Agreement and is the Agent’s honest and fair opinion of the estimated value.
|
|
Clause 12
|
12.1
|
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.
|
12.2
|
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.
|
|
|
Clause 13
|
The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, 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).
|
|
Clause 16
|
16.1
|
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.
|
16.2
|
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.
|
16.2
|
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)).
|
16.3
|
Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.
|
16.4
|
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.
|
|
05 Aug 2009 v2.6
|
Clause 8.1
|
The Principal acknowledges the Agent is entitled to Commission if:
(a)
|
during the initial or any extended Exclusive Agency Period (Item A) 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 (Items 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 v2.5
|
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.
|
17 Nov 2008 v2.4
|
Clause 8.8
|
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 you, the licensee may commence action for recovery.
|
10 June 2008 v2.3
|
Item 8
|
8.2 Other Improvements included: (eg. Plant & Equipment)
Plant & Equipment
|
|
Item 12
|
Note: Item 12.2 is an estimate of price not a valuation & excludes GST.
|
|
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 1.1(5)
|
Property: the property is described in Items (4), (5), (6), and (8).
|
|
Clause 6.6
|
It is the Principal’s responsibility to ensure that:
(1)
|
risks arising from the condition of any new plant and equipment sold with or forming part of the Property is controlled or eliminated at the time of completion of at any sale resultant upon this Agreement.
|
(2)
|
the Principal has, with respect to the plant and equipment, complied with relevant risk control measures in particular Sections 34 to 38 of the Occupational Health and Safety Regulation 2001.
|
(3)
|
the Purchaser and the Agent are provided with:
|
|
(1)
|
all available information and records concerning health and safety in relation to about the plant and equipment and any record of the plant and equipment; and
|
|
(2)
|
any information, data or certificate provided by the manufacturer, or kept in accordance with the Occupational Health & Safety requirements.
|
|
(3)
|
information in writing identifying any faults or risks detected in the plant and equipment and steps the purchaser may take to rectify faults and eliminate risks.
|
|
|
Clause 6.7
|
The Principal will advise the Agent and the Purchaser or the intended owner of any used the plant and equipment in writing, before the sale or transfer, of any faults detected in the plant and equipment, and if appropriate, that the plant and equipment is not to be used until the faults are rectified.
|
|
Clause 6.8
|
The Principal will clearly mark any plant and equipment, suitable only for use as scrap or for spare parts, and notify the purchaser in writing advising that such plant and equipment must not be used for work but only for scrap or for spare parts.
|
|
Clause 8.1(a)
|
during the initial or any extended Exclusive Agency Period (Item A) or any extension thereof the Property is sold; or
|
|
Clause 8.2
|
The Commission will be payable to the Agent if the Property is sold during the Exclusive Agency Period irrespective of whether the Property is sold by the Agent, Principal or another person.
|
|
Clause 10.2
|
With respect to the Agent’s estimate of Selling Price, such estimate must be a true estimate able to be supported by evidence of reasonableness should the Agent be called upon so to do in accordance with the Act.
|
20 Dec 2007 v2.2
|
Item L
|
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 3 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 for 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.
|
23 Oct 2007 v2.1
|
Clause 6.3
|
There is a positive obligation on the Principal to disclose relevant facts. Any failure to disclose information known to the Principal which may detract from this sale will be a breach of this Agreement.
|
12 June 2007 v2.0
|
Item D
|
(The above Commission Estimate is based on the GST inclusive/exclusive authorised Sale Price (Item C) inclusive of GST)
|
28 May 2007 v1.9
|
Clause 7(e)
|
the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts.
|
|
Clause 15
|
15.1
|
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.
|
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. 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 v1.8
|
Item I
|
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: ..................................
|
01 Mar 2007 v1.7
|
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.
|
09 Jan 2007 v1.6
|
Item 7
|
Creeks/Rivers: ....................................... Rivers: .......................................
|
|
Item 12
|
12.1
|
Listing Price of the Property:
|
$ .......................................... (incl. GST if applicable)
|
|
Deposit:
|
$ ..........................................
|
|
Livestock:
|
$ ..........................................
|
|
Crops:
|
$ ..........................................
|
|
Water Access License(s):
|
$ ..........................................
|
|
.......................................
|
$ ..........................................
|
12.2 Estimated Selling Price (or Price Range):
|
(a)
|
Property Gross Value: .......................................................
|
|
|
OR
|
Provide and apportionment of the Property value: (optional)
|
|
|
|
Property (Item 4):
|
$ ..........................................
|
|
|
|
Water (Item 7):
|
$ ..........................................
|
|
|
|
Improvements (Item 8):
|
$ ..........................................
|
|
(b)
|
Other:
|
$ ..........................................
|
|
|
Livestock:
|
$ ..........................................
|
|
|
Crops:
|
$ ..........................................
|
|
|
.......................................
|
$ ..........................................
|
|
|
Item 14
|
See Items (E) and (F) for Details of any special instructions about marketing and showing of the Property.
|
|
Item C
|
Land & Fixed Improvements:
|
$ ..........................................
|
¨
|
Plant & Equipment:
|
$ ..........................................
|
¨
|
Livestock:
|
$ ..........................................
|
¨
|
Water Access License(s):
|
$ ..........................................
|
¨
|
Other ................................
|
$ ..........................................
|
¨
|
|
|
Item D
|
1) The Agent shall be entitled to Commission for:
|
Land & Fixed Improvements
|
of ....................... % + GST = $.......................... (incl. GST)
|
|
Plant & Equipment
|
of ....................... % + GST = $.......................... (incl. GST)
|
|
Livestock:
|
of ....................... % + GST = $.......................... (incl. GST)
|
|
Water Access License(s)
|
of ....................... % + GST = $.......................... (incl. GST)
|
|
Other: .............................
|
of ....................... % + GST = $.......................... (incl. GST)
|
|
|
Clause 1.1(4)
|
Property: described in Items (4), (5), (6), and (7), (8) and (10)
|
|
Clause 6.5
|
It is the Principal’s responsibility to ensure that:
(1)
|
risks arising from the condition of any plant and equipment sold with the Property is controlled or eliminated at the time of completion at any sale resultant upon this Agreement.
|
(2)
|
the plant and equipment complies with relevant risk control measures in particular Section 34 to 38 of the Occupational Health and Safety Regulation 2001.
|
(3)
|
the Purchaser and the Agent are provided with:
|
|
(1)
|
all available information concerning health and safety about the plant and equipment and any record of the plant and equipment; and
|
|
(2)
|
any information, data or certificate provided or kept in accordance with the Occupational Health & Safety requirements.
|
|
|
Clause 6.6
|
The Principal will advise the Agent and the Purchaser or the intended owner of the plant and equipment in writing, before the sale or transfer, of any faults detected in the plant and equipment, if appropriate, that the plant and equipment is not to be used until the faults are rectified.
|
|
Clause 6.7
|
The Principal acknowledges, for the purposes of this Agreement, it is the Controller of the Property and plant and equipment and is subject to the duties imposed by Section 10 of the Occupational Health & Safety Act 2000.
|
|
Clause 8.1(d)
|
a binding contract is entered into pursuant to Clause 8.1(a), 8.1(b) or 8.1(c) and not completed due to the default or other terminating action on the part of the Principal.
|
20 Oct 2006 v1.5
Many of the changes are due to this form being reformatted. Only the major changes appear below.
|
|
Item 12
|
12.1
|
Listing Price of the Property:
|
$ .......................................... (incl. GST if applicable)
|
|
Deposit:
|
$ ..........................................
|
|
Livestock:
|
$ ..........................................
|
|
Crops:
|
$ ..........................................
|
|
.......................................
|
$ ..........................................
|
|
.......................................
|
$ ..........................................
|
12.2 Estimated Selling Price (or Price Range):
Property: ................................................................................
Other: ..................................... : ........................................
12.3 Most suitable method of Sale: ………………………………………………………………………………..
WARNING: This 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 and is not a valuation.
|
|
Item 14
|
See Items (F) and (G) for special instructions about showing and marketing of the Property.
|
|
Item 15
|
The Agent must, in accordance with Clauses 1 and 2 of Schedule 2 of the Regulations to the Act:
(1)
|
conduct an inspection of the Property prior to the Agent acting on behalf of the Principal under this Agreement.
|
(2)
|
give the Principal a completed copy of this Sales Inspection Report once the inspection is complete.
|
|
|
Item 16
|
Items (1) to (15) make up the Inspection Report required by the Act and have been completed by the Agent.
Agent’s Signature: _______________________________ Date of Report ________________
|
|
Item A
|
This Agreement (Exclusive Agency Period) commences on ....................................... and concludes on: ............................... unless extended in writing by the Principal.
If the Agreement is for a fixed term that exceeds 90 days, the Agreement entitles the Principal to terminate the Agreement (without penalty) by giving 30 days notice in writing to the Agent at any time after the end of the first 90 days of the term. This is not the case for the sale of residential property where the contract for sale provides for the construction by the seller of a dwelling on the land.
|
|
Item B
|
If this box is ticked Both parties agree that on the conclusion of the Exclusive Agency Period date (Item A15) of this Agreement the Agreement will continue as a an Extended Non Exclusive Agency Agreement until terminated in writing by either party or when the Property is sold. The Agent will be contracted with non-exclusive selling right of the Property. Such termination will be without prejudice to either parties existing rights, duties or obligations.
|
|
Item C
|
Agent’s authorised Reserve Price: (Sale price to be no less than the Reserve Price)
|
Reserve Price
|
(mark if incl. GST)
|
Land & Fixed Improvements:
|
$ ..................................................
|
¨
|
Plant & Equipment:
|
$ ..................................................
|
¨
|
Livestock:
|
$ ..................................................
|
¨
|
Other: ............................
|
$ ..................................................
|
¨
|
These amounts will apply unless otherwise directed in writing by the Principal. If an amount is not specified the Agent will not be authorised to offer and/or sell the Item unless otherwise authorised in writing by the Principal.
The Property will be put to public auction on ___/___/___ or a date later submitted by the Principal.
|
|
Item D
|
1) The Agent shall be entitled to Commission (calculated from GST excl. reserve prices in Item 17) for:
|
Land & Fixed Improvements
|
of ....................... % + GST = $.......................... (incl. GST)
|
|
Plant & Equipment
|
of ....................... % + GST = $.......................... (incl. GST)
|
|
Livestock:
|
of ....................... % + GST = $.......................... (incl. GST)
|
|
Other: .............................
|
of ....................... % + GST = $.......................... (incl. GST)
|
(The above Commission Estimate is based on the authorised Sale Price (Item C) inclusive of GST)
Note: The Commission will vary based on the actual Sale Price of the Property.
|
|
Item I
|
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: ..................................
|
|
Item J
|
¨ Principal’s Details or ¨ Seller’s Details (please tick)
Bank: .......................................... Branch: ...........................................
BSB No.: ......................... Account No.: ...............................................
Account Name: ....................................................................................
|
|
Item M
|
This Agreement must include a copy of any Sales Inspection Report prepared by the Agent and given to the Principal under Clause 2 of Schedule 2 of the Regulations to the Act. or the Property, Stock and Business Agents Regulation 2003.
|
|
Clause 1.1(3)
|
Item: an Item in the Item Schedule forming part of this Agreement.
|
|
Clause 2
|
The Principal warrants it is the owner of the Property and has full authority to enter into this Agreement.
By signing this Agreement the Principal(s) warrants and confirms:
| (1) | it is the owner of the Property |
| (2) | it has read this Agreement |
| (3) | it has authority to enter into this Agreement. |
|
|
Clause 4
|
In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns to sell the Property for the Principal and the Agent agrees. and the Agent agrees to sell the Property for the Principal. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.
|
|
Clause 5.3
|
(1)
|
The Agent must provide financial statements and account to the Principal/Principal’s Solicitor with respect to all monies received, paid or used by the Agent carrying out the Agent’s Obligations under this Agreement.
|
(2)
|
The Agent will issue tax invoices when necessary in respect of all monies owing by the Principal to the Agent.
|
|
|
Clause 6.3
|
By completing Item (2) of the Item Schedule the Principal confirms it has authorised and instructed the Solicitor or Conveyancer named therein to act on their behalf and to:
|
|
Clause 7
|
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 in respect of from:
(a)
|
authorised sales advertising and the promotional signage; or
|
(b)
|
the Principal’s failure to comply with this Agreement; or
|
(c)
|
the Principal’s failure to give the Agent 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.
|
This means the Agent will be compensated by the Principal for such actions, claims, demands, losses, costs, damages and expenses so arising. in respect to this clause.
|
|
Clause 8.1
|
The Principal acknowledges the Agent is entitled to Commission during the Exclusive Agency Period (Item 15) 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 and the Agent is the effective cause of Sale; or the Property being sold.
|
(c)
|
after the conclusion of the Exclusive or Non Exclusive Agency Periods (Items A and B) the Property is sold to a purchaser introduced by the Agent during either of those Agency Periods, and the Agent is the effective cause of the Sale; or
|
(d)
|
a binding Contract is entered into pursuant to Clause 8.1(a), 8.1(b) or 8.1(c) and not completed due to the default of the Principal.
|
|
|
Clause 8.2
|
The Commission as detailed in Item (D) of the Item Schedule will be payable on settlement of the Sale, or if Clause 8.1(d) applies, on demand. The Agent will be entitled to the Commission if a contract of sale is entered into and not completed due to the default of the Principal.
|
|
Clause 8.3
|
The Agent is entitled to remuneration/reimbursement for Fees for services and remuneration of Expenses (including any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Principal) in the amounts as set out in Items (D) and (E) respectively, for the execution of services under this Agreement. 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.
|
|
Clause 8.4
|
The services and amounts detailed in this Agreement cannot be varied without Agreement in writing signed by the parties.
|
|
Clause 8.5
|
All prices of goods and services under this Agreement include GST.
|
|
Clause 8.6
|
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.
|
|
Clause 10
|
The Agent makes no representation as to being a financial or investment advisor.
|
|
Clause 11
|
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 (H).
|
|
Clause 13
|
Each party has received a signed copy of and understands this Agreement or has had the opportunity to obtain professional advice with respect to this Agreement and each party acknowledges it is bound by the terms of this Agreement.
|
|
Clause 14
|
Any Special Conditions to this Agreement shall form part of this Agreement. Should there be any inconsistency between the Terms of this Agreement and a Special Condition, the Special Condition shall apply.
|
18 May 2006 v1.4
|
Item 2
|
Solicitor/Conveyancer: .....................................................................
Company: ......................................................................................
|
|
Clause 6.4
|
By completing Item (2) of the Item Schedule the Principal authorises and instructs the Solicitor or Conveyancer named therein to act on their behalf and to:
|
(1)
|
Carry out all necessary searches
|
|
(2)
|
Prepare the Contract
|
|
(3)
|
Forward the Contract to the Agent for completion.
|
|
03 Jan 2006 v1.3
|
Clause 3
|
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 Property for the Principal. Authority vested in the Agent by this appointment shall be deemed to be vested in the Agent’s authorised employees.
|
|
Clause 6.1
|
The Principal has at the time of entering into this Agreement disclosed to the Agent all relevant facts about the Property and has not provided information that is or is likely to be misleading or deceptive.
|
|
Clause 7
|
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)
|
the promotional signage; or
|
|
(b)
|
the Principal’s failure to comply with this Agreement; or
|
|
(c)
|
resulting from in any way the Principal’s failure to give the Agent appropriate authority or instruction, or timely, appropriate or sufficient funds to carry out an instruction or authority; or
|
|
(d)
|
and the Agent acting on behalf of the Principal in the capacity of Agent of the Principal under this Agreement.
|
This means the Agent will be compensated by the Principal for such actions, claims, demands, losses, costs, damages and expenses in respect to this clause.
|
|
Clause 12
|
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).
|
17 Mar 2005 v1.2
|
Clause 10
|
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.
|
|