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Item 1
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Name: …………………………………………………….…………………………………………………………
Address: ……………………………………………………………..…………………….................................
ABN: …………………Phone: ………………………. Fax: ………………………. Mobile: …………………….
Contact: ……………………………………………………………………………..………..………..………..…
Email: …………………………………………………………………………………………………………………
Acting Agent for ……………………………………………...…………………………..………(Property Owner)
Where this appointment relates only to a single property, insert details below:
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Item 2
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Company Name: ………………………………………………………………………………………..…..………
Trading Name: ………………………………………………………………………ABN:………….…………
Address: ……………………………………………………………………….................................................
Contractor Name: …………………………………………………………………………………………………..
Licence / Card Number/s: (insert licence details relevant to the Contractor’s industry)
(1) Issued By: ……….……………………… Number: ……………………… Expiry Date: ……/……/……
(2) Issued By: ……….……………………… Number: ……………………… Expiry Date: ……/……/……
Phone: …………………………………Fax:………………………………… Mobile……………………………
Email: ………………………………………………………………………………………………………………
Contracted Services for: ……………………………………………………………..…………………………
(Eg plumber, electrician, cleaner, pool safety inspector etc)
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Item 4
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Due Date for Payment: …………………………………………....….(Reference Date under the Payments Act)
Payment Details:
__ Bank/ Building Society
Name Bank: …………………………………………Branch: ………………………………………………
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Item 5
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ADDITIONAL CONDITIONS
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Item 6
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Contractor’s Signature: Agent’s Signature:
……………………………………………………………. ……………………………………………………
Dated: …… / …… / …… Dated: …… / …… / ……
The above signatories are the authorised signatories of the Contractor and Agent.
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Clause 1
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1.1
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The Agent appoints the Contractor to perform the services provided for detailed in Item (2), to various properties managed by the Agent, (unless the Agent specifies in item (1) that the appointment relates to a single property), but only when authorised in writing by the Agent.
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1.2
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The Contractor confirms the information provided by the Contractor in this Appointment is true and correct.
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Clause 2.3
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It is acknowledged that the Contractor will supply materials, plant and& equipment and other items to perform the tasks as detailed in any work order issued by the Agent, unless otherwise instructed in the work order.
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Clause 3
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3.1
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The Contractor agrees to pay for and supply all materials needed to complete the authorised services/works and provide an itemised tax invoice for the services/works (including materials) when completed or as otherwise agreed, by the Agent. The Lessor shall be responsible for all payments and/ or reimbursements to be made to the Contractor.
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3.3
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Upon provision of an invoice a Contractor will be paid as detailed in Item (4) which shall be the due date for payment in respect to matters to which the Building Industry Fairness (Security of Payment) Act 2017 Building and Construction Industry Payments Act 2004 (Payments Act) applies.
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3.4
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The parties agree that the Agent may be served with Payment Claims under Section 75 17 of the Building and Construction Industry Payments Act 2004 and may serve on the Contractor, Payment Schedules under Section 76 18 of the Act.
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Clause 4.1
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The Contractor will have control of the workplace and iIt is the Contractor’s duty to ensure:
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Clause 4.2
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(1)
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Where the Contractor is of the opinion that the workplace is unsafe to carry out services/works, the Contractor will advise the Agent in writing, detailing the unsafe conditions and works required to remedy such conditions so that the required services/works can be carried out.
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(2)
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Before commencing remedial works, the Contractor must first obtain the written authority of the Agent, and such works, if authorised, will be subject to the terms and conditions of this Appointment.
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Clause 5.1
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In accessing the Premises the Contractor will comply with:
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(1)
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the provisions relating to access as set out in any lease of the premises, details of which will be supplied by the Agent or as otherwise directed by the Agent;
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(2)
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any directions provided by the Agent; and
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(3)
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applicable legislation (including, if relevant, the Retail Shop Leases Act 1994).
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Clause 5.2
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The Contractor is responsible for returning keys to the Agent on the same day or as otherwise agreed by the Agent. If no keys are available the Agent will provide contact details for the Contractor to call the Tenant to organise access.
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Clause 5.3
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Where the premises are leased, it shall be the Agent’s responsibility, in facilitating access to the Premises by the Contractor, to ensure the requirements of relevant legislation, (including where applicable the Retail Leases Act 2003) have been complied with.
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Clause 6.1
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The Contractor warrants all services/works will be carried out in a proper and workman-like manner and any defects or incomplete work will be promptly rectified without cost to the Agent or Property Owner.
The Contractor warrants all services/works will be carried out:
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(1)
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in a proper and workman-like manner;
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(2)
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within a reasonable time
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(3)
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so that the works / services are fit for purpose and without occasioning loss or damage;
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Clause 6.2
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Any defects or incomplete work will be promptly rectified by the Contractor without cost to the Agent or property owner.
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Clause 8
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Should you as Contractor obtain confidential or personal information as defined in the Privacy Act 1988 (cth) or confidential information with respect to the Agent, his Client/s or business such information may only be used to facilitate provision of the Contractor’s services and must not be disclosed to third parties unless the Agent’s consent in writing has been obtained or as otherwise required by law.
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Clause 9
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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 Appointment.
By signing this agreement the parties acknowledge having given prior consent, in accordance with the Electronic Transactions (Queensland) Act 2001, for the electronic transmission, exchange and execution of this Agreement and any related documents and communications (for signing purposes or otherwise) to a party at an appropriate electronic address provided by that party in an Item Schedule to this Agreement.
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Clause 10
Additional
Conditions
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Any Additional Conditions to this Appointment shall form part of this Appointment. Should there be inconsistency between the terms of this Appointment and an Additional Condition, the Additional Condition shall apply.
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Clause 11
Sub-Contractors
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11.1
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The provisions of this Appointment, in particular, those concerning the requirement of any act or duty to be carried out by the Contractor, shall also apply to any Sub-Contractor employed by the Contractor to carry out works on the Contractor’s behalf. (See Clauses 2.1(1), 2.1(2) and 4.1(1))
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11.2
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The Sub-Contractor must have current contractor’s insurance as detailed in Item 3. Such insurance must be current and in effect. The Sub-Contractor must upon request, provide certificates of currency for each insurance policy.
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