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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 v1.7
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Clause 4.4
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When appointing tradespersons the Agent must exercise proper due diligence and in so doing, except in the case of negligence on the part of the Agent, will not be liable for loss or damage caused by or resultant upon the tradespersons carrying out works.
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Clause 4.15
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Where the Agent is authorised and directed to carry out perform the Principals duties in respect to smoke alarms (Item E(n) the Agent is authorised and reserves the right to employ the services of a suitably licensed tradesperson to carry out such requirements and bill the cost thereof to the Principal.
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Clause 8
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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. rovided however, in carrying out such obligations the Agent acts only as Agent for the Principal.
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Clause 9.1
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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:
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05 Aug 2011 v1.6
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Clause 5.6
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In addition to complying with the terms of this Agreement, the Principal must meet requirements of all relevant acts, legislation, by-laws, rules and regulations, local, state and federal and, in the case of holiday or short term letting, must ensure the relevant zoning by-laws permit such letting.
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02 Aug 2011 v1.5
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Item 2
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AGENT *(Where the Agent trades as a corporation, include the corporations licence number)
Name: ...........................................................................................................................................
Address:
.....
ACN:
... ABN:
Phone: ..(
.)
.. Fax: ..(
..)
.
. Mobile:
..
Email:
.
..
...
Licence Number/s*:
.
...
. GST Registered: __ Yes __No
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Item 3
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Smoke Alarms are / are not installed in accordance with Part 9, Division 7A of the Environmental Planning and Assessment Regulation 2000.
(a) smoke alarms last tested and cleaned:
../
../
(b) Date batteries last changed:
../
../
{Owners of all houses and units dwellings in NSW must install and maintain smoke alarms in compliance with the Environmental Planning and Assessment Regulation 2000 as amended}
An Electrical Safety Power Switch is / is not installed for general purpose socket outlets.
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Item B
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AGENT *(Where the Agent trades as a corporation, include the corporations licence number)
Name: ...........................................................................................................................................
Address:
.....
ACN:
... ABN:
Phone: ..(
.)
.. Fax: ..(
..)
.
. Mobile:
..
Email:
.
..
...
Licence Number/s*:
.
...
. GST Registered: __ Yes __No
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Clause 4.7
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Moved to Clause 5.10
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Clause 4.10
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Moved to Clause 5.11
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Clause 5.4
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The Principal does not rely on the Agent to determine the financial or credit suitability of any prospective tenant.
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Clause 5.6
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In addition to complying with the terms of this Agreement, the Principal must meet requirements of all relevant acts, legislation, by-laws, rules and regulations, local, state and federal.
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Clause 7.2
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The Agent shall be entitled to a Management Fee as set out in Item (F) for carrying out services in accordance with this Agreement, detailed in Item (E).
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Clause 8.1
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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:
(a)
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authorised letting advertising or signage; or
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(b)
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the Principals failure to comply with this Agreement; or
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(c)
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the Principals failure to give the Agent 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 Tenants failure to comply with his/her obligations according to the Holiday Letting Agreement, at no fault of the Agent; or
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(e)
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the Tenants failure to comply with his/her obligations under relevant acts and legislation with respect to this Holiday Letting Agreement; or
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(f)
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the Agent acting in the capacity of the Principal under this Agreement.
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The Agent will be indemnified by the Principal in respect of actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement &/or resultant upon any act, omission or negligence on the part of the Principal.
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.
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Clause 14
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The parties agree and confirm this Agreement documents may be forwarded electronically to a person if that person the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
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Clause 15
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15.1
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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.
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15.2
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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: in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):
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(1)
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potential tenants; 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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Owners Corporations & financial institutions; and/or
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(4)
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tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; and/or
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(5)
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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.
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15.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principals behalf.
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15.4
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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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31 Jan 2011 v1.4
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Item 3
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Smoke Alarms are/ are not installed in accordance with Part 9, Division 7A of the Environmental Planning and Assessment Regulation 2000.
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Item E (n)
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__ In respect to smoke alarms installed on the Premises, carry out, or appoint a contractor to carry out the Principals installation & maintenance obligations under the Environmental Planning & Assessment Regulation 2000 as amended. (see Clause 4.16)
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Item P
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ADDITIONAL INSTRUCTIONS
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Item Q 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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Item R
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Signature of Principal(s)
.
Date:
/
/
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Signature of Agent
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Date:
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/
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PS&BA Act Section 55(1)(c) a copy of this Agreement signed by the Agent must be served on the Principal or Landlord within 48 hours after signing by the Principal or Landlord.
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Item S
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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:
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Clause 4.16
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Where the Agent is authorised to perform the Principals duties in respect to smoke alarms (Item E(n) the Agent reserves the right to employ the services of a licensed tradesperson and bill the cost thereof to the Principal.
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Clause 14
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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.
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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23 Sept 2009 v1.3
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Clause 3.2
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When delegating authority to authorised employers the Agent (licensee) in charge of the business, must properly supervise such person/s in accordance with the guidelines issued by the Commissioner for Fair Trading.
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03 Sept 2009 v1.2
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Clause 5.10
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Where the Principal has authorised payments in accordance with Item (J) the Principal must provide all information necessary to enable such payments to be made.
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17 Aug 2009 v1.1
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Item K
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Statements
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Issue Period: .........................................................................
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Send to:
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__ Principal Method to send by: __ Post __ Email __ Fax
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__ Other
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Name: ................................................................................
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Address: .............................................................................
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Phone: ................................ Fax: ......................................
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Clause 5.6
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The Principal must have legal/public liability insurance and be covered for a minimum of 10 million dollars, in addition to any insurance provided by a body corporate for common areas. Such policy must be maintained for the term of this Agreement and the Principal must upon request provide a certificate annually confirming the currency of such policy.
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Clause 14
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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, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).
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Clause 15
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15.1
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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):
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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; and/or
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(4)
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analysing, verifying and/or checking the Principals credit, payment and/or status in relation to provision of services.
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15.2
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principals 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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