Appointment of Contractor - AUNSWRECM013

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

 

15 Nov 2023 v1.7

Additions / Changes:

 

Clause 7

The Agent having not been negligent, the Contractor indemnifies the Agent and Property Owner from and against all actions, claims, demands, and damages arising out of or in respect to the work performed by the Contractor.

 

07 Jul 2022 v1.6

Additions / Changes:


Item 1

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:

 

 

 

 


Item 2

Company Name:  ………………………………………………………………………………………..…..………

Trading Name:     ……………………………………………………………………………………………………

GST Registered: _ Yes _No   ABN:………….……………………… ACN:………….……………………………

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

Contractor Name:  …………………………………………………………………………………………………..

Licence / Card No.:……………………………………………..…………………  Expiry Date: …… / …… / …...

Phone: …………………………………Fax:………………………………… Mobile……………………………

Email: ………………………………………………………………………………………………………………

Contracted Services for: ……………………………………………………………..…………………………

(Eg plumber, electrician, cleaner, pool safety inspector etc)


Item 4

Due Date for Payment: …………………………………………....….(Reference Date under the Payments Act)

Payment Details:

__ Bank/ Building Society

    Name Bank: …………………………………………Branch: ………………………………………………


Item 5

ADDITIONAL CONDITIONS

 

 

 

 

 


Item 6

Contractor’s Signature:                                          Agent’s Signature:

 

…………………………………………………………….   ……………………………………………………

Dated: …… / …… / ……                                           Dated: …… / …… / ……

 

The above signatories are the authorised signatories of the Contractor and Agent.


Clause 1

1.1

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.


1.2

The Contractor confirms the information provided by the Contractor in this Appointment is true and correct.


Clause 2.3

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.


Clause 3.1

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 Landlord shall be responsible for all payments and/ or reimbursements to be made to the Contractor.


Clause 4.1

The Contractor will have control of the workplace and it is the Contractor’s duty to ensure:


Clause 4.2

(1)

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.



(2)

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.


Clause 5.1

In accessing the Premises the Contractor will comply with:


(1)

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;


(2)

any directions provided by the Agent; and


(3)

applicable legislation (including, if relevant, the Retail Leases Act 1994).


Clause 5.2

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.


Clause 5.3

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.


Clause 6.1

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:


(1)

in a proper and workman-like manner;


(2)

within a reasonable time


(3)

so that the works / services are fit for purpose and without occasioning loss or damage;


Clause 6.2

Any defects or incomplete work will be promptly rectified by the Contractor without cost to the Agent or property owner.


Clause 8

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.


Clause 9

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 Appointment.

By signing this agreement the parties acknowledge having given prior consent, in accordance with the Electronic Transactions Act 2000, 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.


Clause 10

Additional

Conditions

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.


Clause 11

Sub-Contractors

11.1

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.


11.2

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.

 

11 Jun 2015 v1.5

Copyright statement updated.

 

12 Apr 2012 v1.4

Additions / Changes:


Clause 2.3

It is acknowledged that the Contractor will may be required to supply materials, plant & equipment and other items to perform the tasks as detailed in any work order instruction issued by the Agent, unless otherwise instructed in the work order.


Clause 6

The Contractor warrants all services/works will be carried out in a proper and workman-like manner within a reasonable time and any defects or incomplete work will be promptly rectified without cost to the Agent or Property Owner.


Clause 9

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 Appointment.

 

22 Mar 2012 v1.3

Additions / Changes:


Clause 2.2

The Contractor has the right to engage other entities or use employees to perform the tasks as detailed in any work order instructions issued by the Agent.


Clause 2.3

It is acknowledged that the Contractor may be required to supply materials, plant & equipment and other items to perform the tasks as detailed in any work order instruction issued by the Agent.


Clause 3.1

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 when completed or as otherwise agreed, by the Agent. The Landlord shall be responsible for all payments and/or reimbursements to be made to the Contractor.

 

01 Jan 2012 v1.2

Additions / Changes:

Clause 4(1)

all work is performed in compliance with the Work Health and Safety Act 2011 Occupational Health and Safety Act 2000

 

10 Oct 2011 v1.1

Additions / Changes:

Item Schedule

Item Schedule Reformatted

Clause 1

The Agent appoints the Contractor (detailed in Item 2) to perform the services detailed in Item (2) repairs and maintenance to various properties managed by the Agent, but only when authorised in writing by the Agent. The Contractor confirms the information in this Appointment is true and correct.

Clause 3

3.1

The Contractor agrees to pay for and supply all materials needed to complete the authorised work and provide an itemised tax invoice for the work when completed or as otherwise agreed by the Agent. The Landlord shall be responsible for all payments to be made to the Contractor. either directly or from rent received.

3.2

The Contractor confirms the Agent does is not contracted as Principal, but as the Agent of the Landlord and is not liable to pay the Contractor, except as Agent of the Landlord.

3.3

Upon provision of an invoice a Contractor will be paid as detailed in accordance with item (4) which shall be the due date for payment in respect to matters to which the Building and Construction Industry Security of Payment Act 1999 (Payments Act) applies.

3.4

The parties agree that the Agent may be served with Payment Claims under Section 13 of the Building and Construction Industry Security of Payment Act 1999 and may serve on the Contractor, Payment Schedules under Section 14 of the Payments Act.


Clause 6

The Contractor warrants all work will be carried out in a proper and workman-like manner within a reasonable time and any defects or incomplete work will be promptly rectified without cost to the Agent or Property Owner.

Clause 9

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).