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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
19 Feb 2018
31 Jan 2017 v3.1
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Clause 1.1
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In this Agreement (which includes the Item Schedule) the following terms mean:
(1)
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Act: the Property, Stock and Business Agents Act 2002 and Regulations thereto as amended from time to time.
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(2)
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Additional Services Fees: monies paid to the Agent as provided in Item (6.2) for carrying out the services detailed therein.
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(3)
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Agreement: this Agency Agreement, consisting of:
(i)
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the Item Schedule – Exclusive Management Agency Agreement; and
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(ii)
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the Terms of Agreement; and
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(iii)
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any additional annexures, schedules or documents that may be attached.
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(4)
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Annual Rent: The total of all rent (including GST) payable for the term of the Lease or Agreement to Lease divided by the term in years, exclusive of any
(i)
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pecuniary incentives to enter into the Lease or Agreement to Lease granted to the Tenant by the Landlord.
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(ii)
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rent free periods.
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(5)
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GST: where used in this Agreement, has the meaning used in A New Tax System (Goods and Services Tax) Act 1999 and “GST” includes any applicable rulings issued by the Commissioner of Taxation.
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(6)
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Item: an Item in the attached Item Schedule forming part of this Agreement.
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(7)
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Management Fee: monies payable to the Agent as provided in Item (6.1), for carrying out the property management and administration services listed in Item (5) calculated as a percentage of Annual Rent and Outgoings.
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(8)
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Material Fact: where used in this Agreement, has the same meaning as used in section 52 of the Act.
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(9)
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Outgoings: the total of any monies other than Annual Rent payable by the Tenant (including GST) to, for or on behalf of the Landlord, in accordance with the provisions of the Lease or Agreement to Lease for the term thereof, excluding any refundable security deposit, divided by the term in years.
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(10)
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Premises: the leased Premises described in Item (3).
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(11)
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Property: the buildings and land of which the Premises (as described in Item 3) forms a part.
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Clause 4.3
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The Agent will be responsible for ensuring all persons engaged by the Agent to perform functions in respect of this Agreement hold, where required, appropriate licenses and comply with relevant legislation and regulations.
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Clause 5.14
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Where a product, fixture or fitting provided with the Premises has a warning label or safety instructions attached the Owner is not to deface, damage or remove such label.
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Clause 6.5
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In accordance with Section 55 of the Act, there will be no entitlement to commission or expenses for services performed unless a copy of this Agreement is served on the Owner not more than 48 hours after being signed by the Owner.
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Clause 8.1
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The Agent having complied with its obligations under this Agreement and not having been negligent, the Owner 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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the Owner’s failure to comply with this Agreement; or
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(b)
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the Owner’s failure to give the Agent prompt and appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or
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(c)
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the tenant’s failure to comply with his/her obligations according to the Lease, at no fault of the Agent; or
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(d)
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the tenant’s failure to comply with his/her obligations under relevant acts and legislation with respect to the lease; or
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(e)
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the Agent acting in the capacity of the Owner under this Agreement; or
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(f)
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any claim for compensation in respect of damage or loss to the tenant’s goods.; or
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(g)
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a warning label or safety instructions having been removed, damaged or defaced where a product or fitting has been supplied to the Premises with such a label or instruction attached.
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11 Jun 2015 v3.0
Copyright statement updated.
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03 Sep 2014 v2.9
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The word 'Principal' has been changed to 'Owner' throughout the Agreement due to the release of the Property, Stock and Business Agents Regulations 2014.
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12 Mar 2014 v2.8
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Clause 16
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Privacy Statement
16.1
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The Agent collects and uses personal information provided by you as the Principal to provide the services required by you or on your behalf.
The Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.
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16.2
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The Privacy Policy outlines how the Agent collects and uses personal information provided by you as the Principal, or obtained by other means, to provide the services required by you or on your behalf.
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16.3
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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 information to:
(1)
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tenants and potential tenants, insofar as such information is relevant to the managing and/or leasing of the Premises; and/or
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(2)
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property data collection agencies; and/or
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(3)
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Owner’s 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 Premises; &/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 and administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.
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16.4
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.
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16.5
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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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16.6
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The Agent will provide (where applicable), on request, a copy of its Privacy Policy.
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21 Oct 2013 v2.7
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Form Title
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Exclusive Management Agency Agreement
(Commercial, and Industrial & Retail)
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Item 4
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This Agreement is effective from ……/……/…… and can be terminated thereafter in writing by either party on the giving of not less than …………. days notice in writing. Such termination will be without prejudice to either parties existing rights, duties or obligations.
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Item 5.1
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The Principal authorises the Agent to undertake the following administration and management services duties [Tick authorised options]
(1)
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Supervise rent payments in accordance with the Lease.
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(2)
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Issue receipts for monies received from the tenants pursuant to the Lease.
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(3)
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Provide tax invoices and receipts when required in accordance with the Lease.
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(4)
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Collect bond or bank guarantees as provided for in the Lease.
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(5)
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Review the rent in accordance with any existing Lease agreements and with respect to any new or renewed Lease agreements.
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(6)
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Serve notices in relation to any breach of a Lease and as may otherwise be required.
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(7)
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Forward to the Principal copies of any documentation signed by the Agent on behalf of the Principal.
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(8)
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(a)
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Effect repairs and maintenance to the Premises to a Maximum Pre-approved Maintenance Expenditure not greater than $......................................................
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(b)
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From time to time engage tradespersons as may be necessary.
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(9)
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Prepare and maintain an inventory of fixtures, fittings and chattels.
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(10)
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Arrange inspections of the Premises:
(a)
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as appropriate but not less than every ………………………..…………….
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(b)
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before any lease is entered into for the Premises or part thereof
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(b)
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prior to the commencement and on the expiration or termination of any lease with respect to the Premises or part thereof.
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(11)
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In respect of each Lease, to do all things and make all such applications, including attendance at a court or tribunal, as may be necessary for the recovery of possession from tenants, and the recovery of monies due.
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(12)
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Provide a monthly statement of accounts to the Principal
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Item 6
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Fees payable to the Agent for Services: [Enter details of Fees]
6.1
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Description of Service/Fee
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Fee (GST Inclusive)
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Due and Payable
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Management Fee (cl 1.1(6))
(as a % of all monies collected on behalf of the Principal
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6.2
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Attendance before a Court or
Tribunal (Item 5.1(11))
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Overseeing Maintenance & Repairs
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Rent Reviews (Item 5.1(5))
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Service of Notices Fee
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Letting Fee
(as a % of Annual Rent)
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Lease Renewal Fee
(as a % of Annual Rent)
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6.3
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Explanation of Fees (Where the Agent has inserted non-standard fees explanatory details should be inserted).
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Item 12
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BUILDING ENERGY EFFICIENCY DISCLOSURE
Where this Agreement relates to the leasing of a Property required under the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current registered Building Energy Efficiency Certificate (BEEC) the Principal (as Owner) confirms it has such BEEC and agrees to provide the BEEC to the Agent as required under the BEEDA.
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Item 15
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RECEIPT OF COPY OF AGREEMENT (See Section 55(1)(c) of the Act)
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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Terms & Conditions Heading
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The Terms of Agreement (in conjunction with the Exclusive Management Agency Agreement) (Commercial, & Industrial & Retail)
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Clause 1.1
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In this Agreement (which includes the Item Schedule) the following terms mean:
(1)
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Act: the Property, Stock and Business Agents Act 2002 and Regulations thereto the Property, Stock and Business Agents Regulations 2003 as amended from time to time.
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(2)
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Additional Services Fees: monies paid to the Agent as provided detailed in Item (6.2) for carrying out the services detailed therein
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(3)
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Annual Rent: The total of all rent (including GST) payable for the term of the Lease or Agreement to Lease divided by the term in years, exclusive of any
(i)
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pecuniary incentives to enter into the Lease or Agreement to Lease granted to the Tenant by the Landlord.
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(ii)
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rent free periods
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(4)
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GST: where used in this Agreement, has the meaning used in A New Tax System (Goods and Services Tax) Act 1999 and “GST” includes any applicable rulings issued by the Commissioner of Taxation.
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(5)
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Item: an Item in the Item Schedule forming part of this Agreement.
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(6)
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Management Fee: monies paid payable to the Agent as detailed provided in Item (6.1), for carrying out the property management and administration services listed in Item (5) calculated as a percentage of Annual Rent and Outgoings.
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(7)
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Material Fact: A Material Fact has, where used in this Agreement, has the same meaning as given to it by used in section 52 of the Act.
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(8)
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Outgoings: the total of any monies other than Annual Rent payable by the Tenant (including GST) to, for or on behalf of the Landlord, in accordance with the provisions of the Lease or Agreement to Lease for the term thereof, excluding any refundable security deposit, divided by the term in years.
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(9)
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Premises: the leased Premises described in Item (3)
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(10)
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Property: the buildings and land of which the Premises (as described in Item 3) forms a part.
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Clause 3
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3.
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Exclusive Appointment
The Principal by this Agreement appoints the Agent (and its permitted assigns) as Exclusive Agent for the duration of this Agreement.
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4.
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Appointment of Agent
In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns, to manage the Premises for the Principal and the Agent agrees. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.
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3.1
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The Principal appoints the Agent and its permitted assigns as Exclusive Managing Agent for the duration of this Agreement; and
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3.2
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Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.
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Clause 4.3(1)
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Subject to the Principal’s responsibilities under this Agreement in Clause 8, the Principal authorises and directs the Agent to initiate and pay for maintenance and repairs on the Premises excluding work of a structural nature unless explicitly authorised and directed in writing by the Principal, enlisting qualified tradespersons where required without first seeking permission from the Principal up to the Maximum Pre-approved Maintenance Expenditure stated in Item (5.1(8)(a)). The Agent will obtain the Principal’s written approval before ordering maintenance or repairs if the cost of the maintenance or repairs is more than the Maximum Pre-approved Maintenance Expenditure, provided in emergency circumstances, the Agent is authorised to immediately initiate maintenance or repairs which may be in excess of the authorised amount.
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Clause 4.6
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The Agent is, in accordance with any Lease, to collect and receive all monies payable in accordance with any Lease (rent, Outgoings, bond and otherwise) with respect to the Premises
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Clause 4.8
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The Agent will, where the Work Health and Safety Act applies, ensure any Asbestos Register and Management Plan is maintained and kept up to date.
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Clause 4.13
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Where Fees, Charges & Expenses exceed at any time the amount being held by the Agent in accordance with this Agreement, the Agent is not required to make payment in respect of any shortfall and will advise the Principal and may require payment from the Principal
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Clause 5.2
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The Principal will at all times during the currency of this Agreement keep the Agent advised of and disclose to the Agent in writing details of all relevant and material facts and changes thereto about in relation to the Premises.
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Clause 5.5
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The Principal acknowledges that, once a Lease has been entered into by the Principal and the tenant, it shall not be the responsibility of the Agent to enforce such Lease unless the Agent is authorised to do so, provided however that and the Agent is limited to its obligations under this Agreement.
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Clause 5.12
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The Principal is responsible for payment of all Fees, Charges and Expenses. Clause 4.9 does not release the Principal from such obligations. If such monies received by the Agent in accordance with Clause 4.9 are insufficient to cover the amounts due to the Agent then the Principal must pay any outstanding Fees, Charges or Expenses to the Agent upon the receipt of a tax invoice.
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Clause 5.13
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Repairs and maintenance relating to the structural integrity of the Premises are, subject to Clause 4.3(1), the sole responsibility of the Principal
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Clause 6
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6.1
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The Agent shall be entitled to Fees for services and remuneration for Charges and 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 set out in Items (6) & (7) respectively, for the execution of services referred to in Item (5) of this Agreement.
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6.2
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Unless otherwise specified in Item (6), the Fees will be payable upon provision by the Agent of a tax invoice or statement of account.
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6.3
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The Management Fee shall be calculated as a percentage of all monies collected and received by the Agent in accordance with Clause 5.6. Such percentage more particularly set out in Item (6).
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6.4
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The Agent is entitled to Additional Services Fees as specified in Item (6) for the provision of the services listed in Item (6). Additional Services Fees will be payable where authorised by provision of the Agent of a tax invoice or statement of account.
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6.5
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The Agent shall be entitled to a Letting Fee should the Agent introduce a tenant during the term of this Agreement, provided however no Letting Fee will be payable in cases where the Principal, after the expiration of this Agreement, has subsequently entered into a separate Exclusive Leasing Agreement.
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6.6
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Letting Fees shall be calculated as a percentage of the Aannual Rrent (not including GST) and Outgoings (including GST) under the Lease. Such percentage more particularly set out in Item (6).
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6.3
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The Terms of this Agreement, including services and amounts listed in this Agreement, cannot be varied without agreement in writing signed by the parties.
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6.4
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Unless otherwise expressly stated, all monies payable or other considerations for Goods and Services to be provided under or in accordance with this Agreement, are inclusive of GST.
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6.5
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In accordance with Section 55 of the Act, there will be no entitlement to commission for services performed unless a copy of this Agreement is served on the Principal not more than 48 hours after being signed by the Principal.
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Clause 7.1
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Where the Premises being offered for leased or offered for lease is a workplace as defined under the Work Health and Safety Act 2011, insofar as either party to this Agreement is, with respect to such Premises a - Person Conducting a Business or Undertaking (PCBU) (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 and relevant Codes of Practice. Provided however, in carrying out such obligations the Agent acts only as Agent for the Principal.
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Clause 8.1
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The Agent having complied with its obligations under this Agreement and not having been negligent, 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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Clause 9
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Disputes may be referred to the Retail Tenancy Unit for determination.
In case of disputes and/or complaints either party may serve on the other a notice containing full details of the dispute and/or complaint in which case both parties will use their best endeavors to settle the dispute without recourse to litigation and may refer such dispute to mediation or arbitration by the Retail Tenancy Unit or any other relevant professional or government body or authority. The provisions of this Clause do not limit either party’s rights to seek independent legal advice and have recourse to other legal remedies.
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Clause 10
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Termination
10.1
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Either party may terminate this Agreement in accordance with Item (4).
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10.2
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Either party may, where the other is in breach of this Agreement, give written notice to the other specifying the breach complained of and requiring the party against whom the breach is alleged to rectify such breach within 21 days of service of the notice failing which:
(a)
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this Agreement may be terminated by the party alleging the breach giving 7 days written notice of termination; or
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(b)
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where there is a dispute regarding the breach either party may refer the matter to mediation or arbitration in accordance with Clause 9.
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10.3
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Either party may terminate where the premises becomes wholly or substantially unfit for a tenant to occupy due to damage or destruction.
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10.4
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Any termination shall be without prejudice to either party's rights under this Agreement.
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10.5
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Upon termination of this Agreement all monies owing under this Agreement must be paid or reimbursed up to and including the end date of this Agreement on a pro rata basis if necessary.
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Clause 16.2
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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:
(1)
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potential tenants insofar as such information is relevant to the managing of the Premises; and/or
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(2)
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property data collection agencies; and/or
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(3)
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Owner’s 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; &/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 and administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.
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11 Sep 2012 v2.6
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Item 5.1(12)
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__ To comply with the Work Health and Safety Act 2011 and Regulations thereto and act in accordance with the Principal’s instructions regarding same.
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Item 12
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ASBESTOS Clause 8.1
112.1
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Is an Asbestos Register and Asbestos Management Plan required for the Premises: __ Yes __ No
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12.2
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If ‘yes’ for Item (12.1), is there a current Asbestos Register and Asbestos Management Plan for the Premises: __ Yes __ No
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Notes:
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(1)
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Where the Premises contain or are likely to contain asbestos or have been built prior to 31st December 2003, an up to date Asbestos Register must be kept at the Premises.
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(2)
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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.
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Clause 5.3(1)
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Subject to the Principal’s responsibilities in Clause 8, Clause 8.2 and in accordance with Clause 8.4 the Principal authorises the Agent to initiate and pay for maintenance and repairs on the Premises, enlisting qualified tradespersons where required without first seeking permission from the Principal up to the Maximum Pre-approved Maintenance Expenditure stated in Item (5.1(8)(a)). The Agent will obtain the Principal’s written approval before ordering maintenance or repairs if the cost of the maintenance or repairs is more than the Maximum Pre-approved Maintenance Expenditure, provided in emergency circumstances, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.
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Clause 6.11
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Where the Principal has complied with the Work Health and Safety Regulation 2011 (WHS Regulation) in accordance with Clause 8.2 of this Agreement, the Principal must provide copies of documentation referred therein to the Agent prior to entering into this Agency Agreement.
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Clause 8
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8.1
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Where the Premises Property being offered for lease is a workplace as defined under the Work Health and Safety Act 2011, Regulation insofar as either party to this Agreement is, with respect to such Premises Property a - Person Conducting a Business or Undertaking (PCBU) (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 and relevant Codes of Practice. Provided however, in carrying out any such obligations the Agent acts only as Agent for the Principal.
Note: A PCBU is required to comply with the code of practice for management and control of asbestos in the workplace.
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8.2
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A PCBU with management or control of a workplace must ensure:
(1)
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so far as is reasonably practicable, that all asbestos or asbestos containing material at the workplace is identified by a competent person or otherwise its presence is assumed.
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(2)
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where applicable to the workplace, an asbestos register is prepared, maintained, reviewed and kept at the workplace in accordance with Section 425 of the WHS Regulation.
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(3)
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where asbestos has been identified at the workplace, an asbestos management plan is prepared, maintained and reviewed in accordance with Section 429 of the WHS Regulation.
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(4)
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compliance with the relevant provisions of the WHS Regulation and relevant Code of Practice relating to management and control of asbestos in the workplace.
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8.3
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The Principal authorises and directs the Agent to take steps appropriate to ensure compliance with Clause 8.2, at the Principal’s expense, where:
(a)
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the Principal has failed to provide copies of documents in accordance with Clause 6.11 to the Agent within a reasonable time; or
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(b)
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the Principal has not, where required by the WHS Regulation, complied with the provisions of Clause 8.2.
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8.2
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It is the Principal’s responsibility to comply, so far as reasonably practicable, with its obligations under Section 21 of the Work Health and Safety Act 2011 with respect to ensuring any fixtures, fittings and plant, to which such Act applies, are without risk to the health and safety of any person.
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8.4
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The Principal having complied with Clause 6.8 with respect to the Essential Services Act 1988 and having obtained an installation certificate will prepare annually a maintenance certificate for forwarding to the relevant authorities in accordance with their requirements.
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8.6
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The Principal will authorise the Agent to, on the Principal’s behalf, exercise the responsibility of the Principal as outlined in Clause 8.2.
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8.5
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The Principal will comply with written requests made by the Agent in relation to compliance with the Work Health and Safety Act 2011 in respect of matters covered generally in this Agreement and in particular, matters detailed in Clauses 5 & 8.
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Clause 16.2(2)
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property data collection agencies; and/or
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02 Jul 2012 v2.5
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Item 5.1(12)
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To act in accordance with the Principal’s instructions with respect to matters relating to the Work Health and Safety Act 2011 and Regulations thereto. To comply with the Work Health and Safety Act 2011 and Regulations thereto and act in accordance with the Principal’s instructions regarding same.
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Item 12
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12.1
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Is an Asbestos Register and Asbestos Management Plan required for the Premises: _Yes _No
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12.2
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If ‘yes’ for Item (12.1), is there a current Asbestos Register and Asbestos Management Plan for the Premises: _Yes _No
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
Notes:
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(1)
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Where the Premises contain or are likely to contain asbestos or have been built prior to 31st December 2003, an up to date Asbestos Register must be kept at the Premises.
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(2)
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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.
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Clause 8.1
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Where the Property being offered for lease is a workplace under the Work Health and Safety Regulation 2011, and the Lessor is the person with management or control of the Property, the Lessor confirms, unless otherwise disclosed in the Item Schedule hereto, that the Lessor, 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. insofar as either party to this Agreement is, with respect to such Property a - Person Conducting a Business or Undertaking (PCBU) (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 and relevant Codes of Practice. Provided however, in carrying out any such obligations the Agent acts only as Agent for the Principal.
Note: A PCBU is required to comply with the code of practice for management and control of asbestos in the workplace.
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Clause 8.2
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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. Provided however, in carrying out any 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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Clause 9.1(e)
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the Agent acting in the capacity of the Principal under this Agreement; or
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Clause 9.1(f)
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any claim for compensation in respect of damage or loss to the tenant’s goods.
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01 Jan 2012 v2.4
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Item 5.1(12)
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To act in accordance with the Principal’s instructions with respect to matters relating to the Work Occupational Health and Safety Act 2011 2000 and Regulations thereto. Regulation 2001
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Item 12
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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.
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Clause 8
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Work Occupational Health & Safety
8.1
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In any matters relating to the Premises the Agent is not the controller of the Premises but always acts as Agent for the Principal who is the Controller of the Premises for all purposes relating to the Occupational Health and Safety Act 2000 and Regulation 2001.
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8.1
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Where the Property being offered for lease is a workplace under the Work Health and Safety Regulation 2011 and the Lessor is the person with management or control of the Property, the Lessor confirms, unless otherwise disclosed in the Item Schedule hereto, that the Lessor, 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.
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8.2
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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. Provided however, in carrying out any such obligations the Agent acts only as Agent for the Principal.
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8.2
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The Principal acknowledges as the Controller of the Premises it is the Principal’s responsibility, in accordance with the Occupational Health and Safety Regulation 2001 (the Regulation) to:
(1)
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Identify hazards (Section 34 of the Regulation)
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(2)
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Assess risk arising from identified hazards (Section 35 of the Regulation)
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(3)
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Eliminate or control risks and ensure all control measures are maintained (Section 36 of the Regulation)
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(4)
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Review risk assessments and control measures as appropriate, but not less than annually and in any case, prior to any letting of the Premises (Section 37 of the Regulation)
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(5)
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Provide information to other persons specified by the Regulation. (Section 38 of the Regulation)
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The Principal will maintain appropriate written records with regard to hazard identification, risk assessment, elimination and control.
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8.3
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It is the Principal’s responsibility to comply, so far as reasonably practicable, with its obligations under Section 21 of the Work Health and Safety Act 2011 with respect to ensuring any fixtures, fittings and plant, to which such Act applies, are without risk to the health and safety of any person.
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8.4
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The Principal having complied with Clause 7.7 with respect to the Essential Services Act 1988 and having obtained an installation certificate will prepare annually a maintenance certificate for forwarding to the relevant authorities in accordance with their requirements.
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8.5
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The Principal will authorise the Agent to, on the Principal’s behalf, exercise the responsibility of the Principal as outlined in Clause 8.3 above.
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8.6
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The Principal will comply with written requests made by the Agent in relation to compliance with the Work Occupational Health and & Safety Act 2011 2000 in respect of matters covered generally in this Agreement and in particular, matters detailed in Clauses 4 & 9.
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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 from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:
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02 Aug 2011 v2.3
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Item 2
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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
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Clause 15
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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.
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Clause 16.2(5)
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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 Agent’s products and services and complying with legislative and regulatory requirements.
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09 May 2011 v2.2
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Clause 15
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The parties agree and confirm 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 16
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16.1
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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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16.2
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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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Owner’s 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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16.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.
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16.4
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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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04 Feb 2011 v2.1
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Item 15
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A signed copy of this Agreement signed by the Agent must be served, by the Agent, on the Principal/Landlord within 48 hours after signing by the Principal/ Landlord. If a copy was given at the time of signing, the Principal(s) confirm having received such copy by initialing.
__ Copy received by the Principal(s): Date received: …./…./…. Principal(s) initials: ……………………
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01 Nov 2010 v2.0
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Item 14
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Signature of Principal
………………………………………….
Date: ……/……/……
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Signature of Principal
………………………………………….
Date: ……/……/……
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Signature of Agent
………………………………………….
Date: ……/……/……
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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 within 48 hours after signing by the Principal.
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Item 15
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A copy of this Agreement, signed by the Agent, must be served on the Principal within 48 hours after signing by the Principal or Landlord. (See Section 55(1)(c) of the Act)
__ Copy received by the Principal(s):
Date received: …./…./…. Principal(s) initials: ……………………
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Clause 15
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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.
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23 Apr 2010 v1.9
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Item 6
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Letting Lease Renewal Fee
(as a percentage of Annual Rent)
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Clause 6.8
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In addition to complying with the terms of this Agreement, the Principal must comply with the requirements of all relevant acts, legislation, by-laws, rules and regulations local, state and federal.
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Clause 15
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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, 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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03 Sept 2009 v1.8
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Clause 6.10
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Where the Principal has authorised payments in accordance with Item (10) the Principal must provide all information necessary to enable such payments to be made.
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17 Aug 2009 v1.7
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Item 11
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Rent
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Payment Period: ..............................................................................
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Payable to: __ Principal or __ Nominated Bank/Building Society (please tick only one)
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Bank: .................................... Branch: ........................................ BSB: ............................
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Account Name: ....................................................... Account No.: ......................................
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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 15
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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 16
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16.1
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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 Agent’s products and services; and/or
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(4)
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analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.
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16.2
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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.
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31 July 2008 v1.6
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Clause 5.3(1)
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Subject to Clause 8.2 and in accordance with Clause 8.4 the Principal authorises the Agent to initiate and pay for maintenance and repairs on the Premises, enlisting qualified tradespersons where required without first seeking permission from the Principal up to the Maximum Pre-approved Maintenance Expenditure stated in Item (5.1(8)(a)). The Agent will obtain the Principal’s written approval before ordering maintenance or repairs if the cost of the maintenance or repairs is more than the Maximum Pre-approved Maintenance Expenditure, provided in emergency circumstances, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.
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Clause 8.5
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The Principal will comply with written requests made by the Agent in relation to compliance with the Occupational Health & Safety Act 2000 in respect of matters covered generally in this Agreement and in particular, matters detailed in Clauses 5 & 8.
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30 Jun 2008 v1.5
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Item 5 (10)
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Arrange inspections of the Premises:
(a) as appropriate but not less than every ………………………..…………….
(b) before any lease is entered into for the Premises or part thereof
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Item 5 (12)
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To act in accordance with the Principal’s instructions with respect to matters relating to the Occupational Health and Safety Act 2000 and Regulation 2001
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Clause 1.1(6)
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Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.
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Clause 8
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8.1
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In any matters relating to the Premises the Agent is not the controller of the Premises but always acts as Agent for the Principal who is the Controller of the Premises for all purposes relating to the Occupational Health and Safety Act 2000 and Regulation 2001.
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8.2
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The Principal acknowledges as the Controller of the Premises it is the Principal’s responsibility, in accordance with the Occupational Health and Safety Regulation 2001 (the Regulation) to:
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(1)
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Identify hazards (Section 34 of the Regulation)
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(2)
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Assess risk arising from identified hazards (Section 35 of the Regulation)
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(3)
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Eliminate or control risks and ensure all control measures are maintained (Section 36 of the Regulation)
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(4)
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Review risk assessments and control measures as appropriate, but not less than annually and in any case, prior to any letting of the Premises (Section 37 of the Regulation)
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(5)
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Provide information to other persons specified by the Regulation. (Section 38 of the Regulation)
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The Principal will maintain appropriate written records with regard to hazard identification, risk assessment, elimination and control.
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8.3
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The Principal having complied with Clause 7.8 with respect to the Essential Services Act 1988 and having obtained an installation certificate will prepare annually a maintenance certificate for forwarding to the relevant authorities in accordance with their requirements.
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8.4
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The Principal will authorise the Agent to, on the Principal’s behalf, exercise the responsibility of the Principal as outlined above.
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20 Dec 2007 v1.3
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Clause 5.1
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The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Premises.
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Clause 5.2
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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.
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Clause 6.3
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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 the letting of the Premises will be a breach of this Agreement.
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Clause 7.5
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The Agent shall be entitled to a Letting Fee should the Agent introduce a tenant during the term of this Agreement, provided however no Letting Fee will be payable in cases where the Principal, after the expiration of this Agreement, has subsequently entered into a separate Exclusive Leasing Agreement.
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Clause 7.7
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The Principal acknowledges before entering into this Agreement the Agent has provided a printed guide to the Agent’s Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.
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Clause 8.1(c)
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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
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