Exclusive Selling Agency Agreement - Business Broking - AUNSWRECM011

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BLACK = Old Item/Clause  |  RED = New Item/Clause  | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

11 Sep 2012 v1.8

Additions / Changes:

 

Clause 11.4

Where the Business being offered for sale is or includes a workplace as defined under the Work Health and Safety Act Regulation 2011, and the Principal is the person with management or control of the workplace, the Principal confirms, unless otherwise disclosed in the Item Schedule hereto, that the Principal, 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.

Note: Section 428 of the Work Health & Safety Regulation 2011 requires a person with management or control of the workplace to ensure, so far as is reasonably practicable, that a copy of the Asbestos Register for the workplace is given to the person who is assuming management or control of the workplace.

 

Clause 15.2(2)

property data collection agencies; and/or

 

02 Jul 2012 v1.7

Additions / Changes:

 

Item L

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.

 

Item L

ADDITIONAL INSTRUCTIONS

 

Item M

SPECIAL INSTRUCTIONS CONDITIONS

 

Item N

Signature of Principal              Date:                        Signature of Principal                Date:

 

…………………………………      ……/……/……           …………………………………        ……/……/……

 

Clause 11.4

Where the business Property being offered for sale is or includes a workplace under the Work Health and Safety Regulation 2011, and the Principal Owner is the person with management or control of the workplace Property, the Principal Owner confirms, unless otherwise disclosed in the Item Schedule hereto, that the Principal 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.

 

14 Mar 2012 v1.6

Additions / Changes:

 

Item 6.1

Price the Business is to be listed at: $………………………… including/excluding/plus GST plus Stock

 

Item 6.2

Deposit:  $.........................   including/excluding/plus GST

 

Item 6.3

Balance monies payable:  $....................... including/excluding/plus GST

 

Item C(a)

based on the Agent’s maximum estimated selling price (Item 5.1)  the Commission fee for the sale of the Business would be $ ..…………………….(incl. GST)   (Note: this amount will vary based on the actual Sale Price of the Business)

 

Clause 6

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 v1.5

Additions / Changes:

 

Item L

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 6

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 11.3

any hazardous goods must comply with the Work Occupational Health and Safety Regulations 2011 and containers must be appropriately labeled in accordance with the regulations.

 

Clause 11.4

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.

 

02 Aug 2011 v1.4

Additions / Changes:

 

Item 3

AGENT   *(Where the Agent trades as a corporation, include the corporations licence number)

Name: ...........................................................................................................................................

Address: …………………………………………………………………….....…  ACN: …………………………

……………………………………………………………………………………...  ABN: …………………………

Phone: ..(….)…………….. Fax: ..(…..)……….….…. Mobile: ………….……….. GST Registered: Yes/No

Email: ………………………………………….……..….. Licence Number/s*: ….………………….....……….

 

Item L

Note

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.

 

Clause 7.7

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 may be forwarded electronically if the recipient has provided an email address or facsimile number in the Item Schedule to this Agreement.

 

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)

Owners Corporations & financial institutions; and/or

 

(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 Agents products and services and complying with legislative and regulatory requirements.

 

(4)

analysing, verifying and/or checking the Principals 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 access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

 

03 Mar 2010 v1.3

Additions / Changes:

 

Clause 3.3

The Principal purchaser will refer any prospective purchasers of which the Principal becomes aware to the Agent.

 

05 Aug 2009 v1.2

Additions / Changes:

 

Clause 7.1

The Principal acknowledges the Agent is entitled to Commission if:

(a)

during the initial or any extended Exclusive Agency Period (Item A) the Business is sold; or

(b)

during the Non Exclusive Agency Period (Item B) the Business 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 Period (Items A and B) the Business 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 v1.1

Additions / Changes:

 

Clause 7.1(d)

a binding contract is entered into pursuant to Clauses 7.1(a), 7.1(b) or 7.1(c) and not completed due to the default of the Principal.

 

Clause 7.2

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 Purchasers contractual obligations; or

(c)

the deposit forfeited to the Seller due to the Purchasers non performance

the Principal agrees the Commission is payable to the Agent forthwith. Provided however, where Clause 7.2(c) applies, Commission will remain due but monies payable shall (subject to the Sellers rights to claim damages for breach of contract) be limited to the receipted deposit monies.