Letter of Offer to Lease (Retail Shop Only) - AUQLDRECM042

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

 

09 Nov 2023 v1.4

Additions / Changes:

 

Clause 1.1

By signing this Letter of Offer the Lessee acknowledges that no promise, representation, warranty or undertaking has been made to the Lessee that is not contained herein, in relation to:

 

Clause 3

Upon signing this Offer the parties agree the Lessor’s Agent, and the form completion service provider providing this form, may without disclosing Personal Information collect, use and disclose to Data Collection Agencies information contained in this Offer (together with any forms issued under or in relation to this Offer) and any subsequent lease agreement.

 

23 Jul 2019 v1.3

Additions / Changes:

Item 13

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

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

ABN:      ………………………….. Phone: (…)…………………………... Mobile: …………………………...

Email:     ..…………………………………………………………………………………………………….………

Clause 15

Lessor(s):   ……………………………   Witness(es):  ……………………………..

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

                  ……………………………                       …………………………….. Date: …… / …… / ……

Lessee(s):   ……………………………   Witness(es):  ……………………………..

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

                  ……………………………                       …………………………….. Date: …… / …… / ……

Signature of Lessor(s)             Date:                                                                    Date:

 

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

 

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

 

Signature of Lessee(s)                     Date:                                                                    Date:

 

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

 

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

Clause 2

Privacy

2.1

The Lessor’s Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988 (CTH)) and where required maintain a Privacy Policy.

2.2

The Privacy Policy outlines how the Lessor’s Agent collects and uses Personal Information provided by you as the Lessee, or obtained by other means, to provide the services required by you or on your behalf.

2.3

You as the Lessee agree the Lessor’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:

(1)

the Lessor of the Premises to which this Offer applies, insofar as such information is relevant to the managing and/or leasing of the Premises; and/or

(2)

tenancy databases for the purpose of enabling a proper assessment of the risk in providing you with the tenancy and if applicable listing tenancy agreement breaches; and/or

(3)

previous managing agents or landlords and nominated referees to confirm information provided by you; and/or

(4)

tradespeople and similar contractors engaged by the Lessor/Lessor’s Agent in order to facilitate the carrying out of works with respect to the Premises; and/or

(5)

the Lessor’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Lessor’s Agent relating to the administration of the Premises and use of the Lessor’s Agent's services; and/or

(6)

a utility connection provider where you request the Lessor’s Agent to facilitate the connection and/or disconnection of your utility services; and/or

(7)

Body Corporates.

2.4

Documents or copies of documents provided to establish the identity of the Lessee or persons entitled to deal on behalf of the Lessee, will be retained by the Lessor’s Agent in accordance with the Australian Privacy Principles and will not be used for any purpose other than confirming the identity of such person/s.

2.5

Without provision of certain information the Lessor’s Agent may not be able to act effectively or at all in the administration of this Offer.

2.6

The Lessee has the right to access such Personal Information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

2.7

The Lessor’s Agent will provide (where applicable), on request, a copy of its Privacy Policy.

Clause 3

Data Collection

Upon signing this Offer the parties agree the Lessor’s Agent, and the form completion service provider providing this form, may without disclosing Personal Information collect, use and disclose to Data Collection Agencies information contained in this Offer and any subsequent lease agreement.

Clause 4

Definitions

In this Offer the following terms mean:

(1)

Data Collection Agency: means an agency or organisation that collects real estate data to provide information to the real estate, finance and property valuation industries to enable data analysis.

(2)

Personal Information: means personal information as defined in the Privacy Act 1988 (CTH).

 

25 Nov 2016 v1.2

Additions / Changes:

 

Item 13

SPECIAL CONDITIONS

Special Conditions:

(a)

Were inserted under instruction by a party to this Agreement; and/or

(b)

Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (14), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.

The  Special Conditions are inserted under instruction from a party to this Letter of Offer and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No legal advice has been given or warranty provided by the Agent. Legal advice should be sought.

 

Item 14

WARNING: By signing this Letter of Offer  the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent. The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no advice about same.

The parties have been advised to seek legal advice with respect to this Letter of Offer, including Special Conditions.

WARNING: By signing this Letter of Offer the parties confirm that no legal advice as to the conditions contained herein was provided by an Agent. The parties have been advised to seek legal advice with respect to this Letter of Offer.

 

11 Jun 2015 v1.1

Copyright statement updated.