Open Selling Agency Agreement - Rural - AUNSWREPS005

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

 

15 Oct 2018 v4.1

Additions / Changes:

 

All instances of 'fax' removed.

 

Clause 3.1

In consideration of and in accordance with the terms of this Agreement, the Vendor appoints the Agent (and its permitted Assigns) for the duration of this Agreement to sell the Property for the Vendor and the Agent agrees. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

 

Clause 3.2

Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

 

Clause 3.3

In carrying out the duties and services specified in this Agreement the Agent is authorised to utilise the services of any suitable person or company, provided however where required under the Act such duties or services must be carried out by a licensed person.

 

Clause 3.4

The Agent (licensee) in charge of the business must properly supervise, in accordance with the guidelines issued by the Commissioner for Fair Trading, all persons (employee or otherwise) engaged in the business carried on by the Agent.

 

Clause 7.5

The services and amounts detailed in this Agreement cannot be varied without agreement in writing signed by the parties.

 

Clause 12.2

This Agreement cannot be varied without agreement in writing signed by the parties.

 

Clause 16.1

The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically and where this Agreement document has been forwarded electronically (either for signing or otherwise) the party receiving the Agreement document confirms having consented to the delivery of the Agreement document (and any other materials) by way of the electronic means of delivery before receiving the documentation.

 

Clause 16.8

The parties agree and consent to execution, by any party, delivery and service of documents electronically using by a method provided by DocuSign or such other agreed an electronic signing signature service provider.

 

19 Feb 2018 v4.0

Additions / Changes:

 

Item 12

LISTING PRICE AND AGENT OPINION   Note: Item 12.2 is not a valuation and excludes GST.

12.1

Listing Price of the Property:

$............................................................. (incl. GST if applicable)


Deposit:

$.............................................................


Livestock:

$.............................................................


Crops:

$.............................................................


Water Access Licence(s):

$.............................................................


………………………………:

$.............................................................

12.2

Estimated Selling Price (or range):


(a)

Property Gross Value:                ………………………………………………

OR     Provide an apportionment of the Property value: (optional)

          Property (Item 4):         $ …………….……………..

          Water (Item 7):             $ …………….……………..

          Improvements (Item 8):  $ …………….……………..


(b)

Other:  Livestock:                    $ …………….……………..

          Crops:                         $ …………….……………..

          ………………………:    $ …………….……………..

12.3

Most suitable method of sale: ………………………………………………………………………..

WARNING: This is general advice and its preparation has not taken into account the individual circumstances of the Vendor or the Vendor’s objectives, financial situation or needs.

 

Item 12

AGENT OPINION – ESTIMATED SELLING PRICE Note: Item 12.1 is not a valuation and excludes GST.

12.1

Estimated Selling Price:

Single amount:   $ ……………….   OR   Price range:   $ ……………….  and   $ ………………

Apportionment (optional)

Property (Clause 1.1(8)):  $ ………………………………………………………

Water access licence:     $ ………………………………………………………

…………………………:    $ ………………………………………………………

12.2

Most suitable method of sale: …………………………………………………………………………

WARNING: This is general advice and its preparation has not taken into account the individual circumstances of the Vendor or the Vendor’s objectives, financial situation or needs.

 

Item B

VENDOR’S LISTING PRICE

Vendor’s Agent’s authorised Sale List Price:

(mark if incl. GST)

Property (Clause 1.1(8)) Land and Fixed Improvements:

$ …………………………

__

Plant and Equipment:

$ …………………………

__

Livestock:

$ …………………………

__

Water Access Licence(s):

$ …………………………

__

………………………………………:

$ …………………………

__

………………………………………:

$ …………………………

__

These amounts will apply unless otherwise directed in writing by the Vendor. If an amount is not specified the Agent will not be authorised to offer and/or sell the item unless otherwise authorised in writing by the Vendor.

 

Item C(1)

The Agent shall be entitled to Commission for:    

Property (Clause 1.1(8))                       of …………………..… % + GST = $ …………………… (incl. GST)

Land and Fixed Improvements                 of …………………..… % + GST = $ …………………… (incl. GST)

Plant and Equipmentof …………………..… % + GST = $ …………………… (incl. GST)
Livestockof …………………..… % + GST = $ …………………… (incl. GST)
Water Access Licence(s):of …………………..… % + GST = $ …………………… (incl. GST)
Other: ……………………………….of …………………..… % + GST = $ …………………… (incl. GST)
Other: …………..……….………….    of …………………..… % + GST = $ …………………..  (incl. GST)

 

(The above Commission is an estimate is based on the GST inclusive/exclusive authorised Sale List Price (Item B))

 

NOTE: the Commission will vary based on the actual Sale Price of the Property.

WARNING: Have you signed an agency agreement for the sale of this property with another agent? If you have you may have to pay 2 commissions (if this agreement or the other agreement you have signed is a sole or exclusive agency agreement).

 

Item N

Signature of Vendor           Date:                       Signature of Vendor           Date:

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

By signing below the parties acknowledge and confirm having read and understood this Agreement.

Signature of Vendor(s)     Date:                                                            Date:

 

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

 

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

 

Note: Where signed by Vendor’s authorised representative or the Vendor is a corporation evidence of authority to sign must be provided.

 

Signature of Agent           Date:

………………………………   …… / …… / ……

 

Clause 1.1(4)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2000 (NSW) including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

 

Clause 1.1(9)

Related Document: means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents.

 

Clause 2

By signing this Agreement the Vendor(s) warrants and confirms:

(1)

it is the owner of the Property.

(1)

having read this Agreement

(2)

it has having authority to enter into this Agreement.  

(3)

having authority to grant to the Agent selling rights to the Property during the term of this Agreement specified in Item A.


 

Clause 7.8

The parties acknowledge Section 36 of the Act provides that an application to review a statement of claim or itemised account may be made to the Tribunal under the Consumer Claims Act 1998 Fair Trading Act 1987 by the Vendor. If such application is not made within 28 days of a statement of claim or itemised account being served upon you, the licensee may commence action for recovery.

 

Clause 12

Provision of Documents

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

 

Clause 16

Related Documents / Notices / Electronic Communication

16.1

The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically and where this document has been forwarded electronically (either for signing or otherwise) the party receiving the document confirms having consented to the delivery of the document (and any other materials) by way of the electronic means of delivery before receiving the documentation.

16.2

A Related Document to be served on any party under this Agreement shall be in writing and may be served on that party:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in this Agreement; or


(3)

by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Agreement; or


(4)

by email to the party at the appropriate email address as stated in this Agreement; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 16.2(1) to (4) above.

16.3

A document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the document would be delivered.

16.4

A document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions Act 2000 (NSW).

16.5

Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

16.6

Documents must be served before 5pm on a business day, failing which, such document will be deemed to have been served on the next business day.

16.7

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.

16.8

The parties agree to execution, delivery and service of documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.

 

01 Jul 2017 v3.9

Additions / Changes:

 

Item M

Note: For properties with a market value of, at or more than, $2,000,000 $750,000 a buyer must withhold 10 12.5% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Vendor has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $2,000,000 $750,000 or more and the Vendor is an Australian Resident it would be advisable for the Vendor to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.

(1)

Does the Vendor have a Clearance Certificate?           __ Yes  __ No  __ N/A

(2)

If ‘No’ above has the Vendor applied?                           __ Yes on …… / …… / ……  __ No  

 

24 Mar 2017 3.8

Additions / Changes:

 

Item 16

Items 1 to 15 make up the inspection report required by the Act and have been completed by the Agent in Item 3.

 

Agent’s Signature: ………………………………………………………… Date of Report: …… / …… / ……

 

Terms and Conditions Title

Terms of Agreement (in conjunction with the Sales Inspection Report and Open Selling Agency Agreement (Rural))

 

Clause 8

Financial and Investment Advice

8.1

The Agent makes no representation as to being a financial or investment advisor.

8.2

The Vendor acknowledges any financial and investment advice provided by the Agent is general advice and its preparation has not taken into account the individual circumstances of the person or the person’s objectives, financial situation or needs.

8.3

An intending buyer should assess the suitability of any investment in the Property in the light of the buyer’s own needs and circumstances, which the buyer can do personally or by consulting an appropriately licensed financial adviser.

8.4

If there is any conflict of interest the Agent may have in connection with the provision of the advice referred to above the Agent must disclose full details of any benefits that may accrue to the Agent as a result thereof.

 

Clause 8

Agent’s Opinion (Item 12)

8.1

The Agent makes no representation as to being a financial or investment advisor.

8.2

(1)

The Agent’s estimated selling price is applicable as at the date of this Agreement

(2)

Such estimate must be a true estimate able to be supported by evidence of reasonableness should the Agent be called upon so to do in accordance with the Act.

 

Clause 9

Agent’s Opinion (Item 12)

9.1

In respect of the Agent’s estimated selling price (ESP) (Item 12.2) it is:

(1)

applicable as at the date of this Agreement; and

(2)

the Agent’s honest and fair opinion.

9.2

Should the Agent be called upon by the Vendor to provide supporting evidence of the ESP’s reasonableness, the Agent must provide such evidence.

 

31 Jan 2017 v3.7

Additions / Changes:

 

Item L

LOOSE-FILL ASBESTOS INSULATION QUESTIONNAIRE (complete if applicable)

Vendors note: Properties constructed before 1980 may contain loose-fill asbestos insulation.

__ Residential Premises Loose-fill Asbestos Insulation Questionnaire has been completed by the Vendor and given to the Agent prior to signing this agreement.

Prior to signing this Agreement the Vendor has completed and provided to the Agent a Residential Premises Loose-fill Asbestos Insulation Questionnaire.     __ Yes __ No

 

Item M

CAPITAL GAINS WITHHOLDING PAYMENT (To be completed by the Vendor)

Note: For properties with a market value of, at or more than, $2,000,000 a Buyer must withhold 10% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Vendor has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $2,000,000 or more and the Vendor is an Australian Resident it would be advisable for the Vendor to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.

 

Has the Vendor received from the ATO a:

Clearance Certificate:          __ Yes   __ Have Applied  on:  …… / …… / …….  __ N/A

(1)

Does the Vendor have a Clearance Certificate?  __ Yes  __ No  __ N/A

(2)

If ‘No’ above has the Vendor applied?  __ Yes on …... / …... / …...  __ No

 

Clause 4.3

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.

 

01 Sep 2016 v3.6

Additions / Changes:

 

Item M

CAPITAL GAINS WITHHOLDING PAYMENT (To be completed by the Vendor)

Note: For properties with a market value of, at or more than, $2,000,000 a Buyer must withhold 10% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Vendor has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $2,000,000 or more and the Vendor is an Australian Resident it would be advisable for the Vendor to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.

 

Has the Vendor received from the ATO a:

Clearance Certificate:          __ Yes   __ Have Applied  on:  …… / …… / …….  __ N/A

 

30 May 2016 v3.5

Additions / Changes:


Item L

LOOSE-FILL ASBESTOS INSULATION QUESTIONNAIRE (complete if applicable)

__ Residential Premises Loose-fill Asbestos Insulation Questionnaire has been completed by the Vendor and given to the Agent prior to signing this agreement.


Clause 1.1

In this Agreement (which includes the Item Schedule) the following terms mean:

(1)

Act: the Property, Stock and Business Agents Act 2002 and Regulations thereto as amended from time to time.

(2)

Agreement: this Agency Agreement, consisting of the attached:

(a)

the Item Schedule – Sales Inspection Report; and

(b)

the Item Schedule – Open Selling Agency Agreement; and

(c)

the Terms of Agreement.; and

(d)

any additional annexures, schedules or documents that may be attached.

(3)

Duty Holder: has the meaning given to it under Chapter 3 of the Work Health and Safety Regulation 2011.

(4)

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.

(5)

Item: an Item in the attached Item Schedules forming part of this Agreement.

(6)

Material Fact: where used in this Agreement, has the meaning as in Section 52 of the Act.

(7)

Property: the property is described in Items (4), (5), (6), and (8).


Clause 5.5

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Vendor is not to deface, damage or remove such label.


Clause 7.7(2)

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 Vendor not more than 48 hours after being signed by the Vendor.


Clause 16

Safety

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Vendor is not to deface, damage or remove such label.

 

13 Jul 2015 v3.4

Additions / Changes:

 

Item A

This Agreement commences on ………………………………………………………………...........................

and concludes when the Property is sold or this Agreement is terminated in writing by either party. Such termination will be without prejudice to either party’s existing rights, duties or obligations.

 

11 Jun 2015 v3.3

Copyright statement updated.

 

01 Mar 2015 v3.2

Additions / Changes:


Item 12.2

Estimated Selling Price (or Price Rrange):


Item 14

MARKETING/ INSPECTIONS   See also, Items (E) & (F) of the Agency Agreement

See Items (E) & (F) for Details of any special instructions about marketing and showing of the Property.


Item A

TERM OF AGREEMENT (AGENCY PERIOD)

This Agreement (Agency Period) commences on ………………………………………………….and concludes when the Property is sold or terminated in writing by either party. Such termination will be without prejudice to either party’s existing rights, duties or obligations. by notice in writing by either party, without prejudice.


Item H

VENDOR’S BANK DETAILS (if required)

Vendor’s Details    

Bank:……………………………………Branch:……………………..……BSB  No.:.…………….............…... Account Name:…………………………………………………….…… Account No.: ……………………………


Item J Note

The Special Conditions to this Agreement are where inserted at the direction of under instruction from the Vendor a party to this Agreement and where not prepared by that party, were prepared by the Vendor or an Australian Legal Practitioner instructed by the Vendor and not by the Agent. No warranty is given by the Agent with respect to such clauses. Legal advice should be sought.


Item K

COOLING-OFF PERIOD: You (the vendor) have a cooling-off period for this agreement.  If you do not wish to continue with this agreement you can cancel it until 5 pm on the next business day or Saturday.

Has a Waiver of Right to Cooling-Off Period form been signed? __ Yes __ No


Item M

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 Vendor within 48 hours after signing by the Vendor.   If a copy was given at the time of signing, the Vendor(s) confirm having received such copy by initialing.                    Vendor(s) initials: …………………………..


Clause 1.1(1)

Act: the Property, Stock and Business Agents Act 2002 and Regulations thereto the Property, Stock and Business Agents Regulation 2014 as amended from time to time.


Clause 1.1(2)

Agreement: this Agency Agreement, consisting of the attached:

(a)

Item Schedule – Sales Inspection Report; and

(b)

Item Schedule – Open Selling Agency Agreement; and

(c)

Terms of Agreement.


Clause 1.1(5)

Item: an Item in the attached Item Schedules forming part of this Agreement.


Clause 1.1(6)

Material Fact: A Material Fact has, where used in this Agreement, has the meaning as given to it by in Section 52 of the Act.


Clause 4.9

Should the Agent act in conjunction with other Agents to effect a sale, only one Commission Fee will be payable.


Clause 5.2

The Vendor will at all times during the currency of this Agreement keep the Agent advised of and disclose to the Agent in writing all relevant and material facts and changes thereto about in relation to the Property


Clause 6

Indemnity

The Agent having complied with its obligations under this Agreement and not having been negligent, the Vendor 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)

authorised sales advertising and signage; or

(b)

the Vendor’s failure to comply with this Agreement; or

(c)

the Vendor’s failure to give the Agent prompt and appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or

(d)

the Agent acting on behalf of the Vendor under this Agreement; or

(e)

the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts; or

(f)

any claim for compensation in respect of damage or loss to the Vendor’s goods.; or

(g)

a warning label or safety instructions having been removed, damaged or defaced where a product or fitting has been supplied to the Property with such a label or instruction attached.

The Agent will be indemnified by the Vendor in respect of actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement or resultant upon any act, omission or negligence on the part of the Vendor.


Clause 7.2

Should a binding contract be entered into but not completed due to:

(a)

any default by the Vendor; or

(b)

the Vendor, as Seller, releasing the Purchaser (by mutual agreement or otherwise) from the Purchaser’s contractual obligations; or

(c)

the deposit forfeited to the Seller due to the Purchaser’s non performance

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

WARNING: The term immediately above provides that a commission is payable under this agreement even if the sale of the property is not completed.


Clause 7.4

The Agent is entitled to Commission, Fees for services and reimbursement remuneration of for Expenses (including any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Vendor) as set out in Items (C) and (D) respectively, for the execution of services under this Agreement.


Clause 7.7

(1)

Failure to comply with the Act, Regulations or this Agreement may result in penalties against the Agent and prevent the Agent from recovering Commission and other monies under this Agreement.

(2)

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 Vendor not more than 48 hours after being signed by the Vendor.


Clause 8.2(1)

The Agent’s estimated selling price range is applicable as at the date of this Agreement


Clause 16

Safety

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Vendor is not to deface, damage or remove such label.

 

03 Sep 2014 v3.1

Additions / Changes:

 

The word 'Principal' has been changed to 'Vendor' throughout the Agreement due to the release of the Property, Stock and Business Agents Regulations 2014.

 

Item H

__ Principal’s Vendor's Details   or     __ Seller’s Details (please tick one)

Bank: ………………………………………… Branch:…………………………… BSB No.: ……………………. Account Name: ………………………………………………………… Account No.: ……………………………

 

12 Mar 2014 v3.0

Additions / Changes:

 

Clause 15

Privacy Statement

15.1

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.

15.2

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.

15.3

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)

potential buyers, to the extent required to prepare a contract for the sale of the Property; and/or

(2)

property data collection agencies; and/or

(3)

Owner’s Corporations & financial institutions; and/or

(4)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion and administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.

15.4

Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.

15.5

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.

15.6

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

 

11 Sep 2012 v2.9

Additions / Changes:


Clause 6

The Agent having complied with its obligations under this Agreement, the Principal indemnifies the Agent, its officiers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out this Agreement in respect of:


Clause 6(f)

any claim for compensation in respect of damage or loss to the Vendor’s goods.


Clause 14

Electronic Use of Advertising Photographs

Where the Vendor has authorised and directed the Agent to advertise the Property by electronic means (eg. Website), as set out in Item (F), the Agent will take reasonable care to protect copyright of photos used in such advertising material but the Vendor acknowledges once the advertising material is electronically uploaded, to an advertising site, the Agent has no control over the unauthorised reproduction or use of such photos.


Clause 15.2(2)

property data collection agencies; and/or

 

01 Jan 2012 v2.8

Additions / Changes:


Clause 1.1(2)

Duty Holder: has the meaning given to it under Chapter 3 of the Work Health and Safety Regulation 2011.


Clause 5.5

It is the Principal’s responsibility to ensure that:

(1)

risks arising from the condition of any new plant and equipment sold with or forming part of the Property is controlled or eliminated at the time of completion of any sale resultant upon this Agreement.

(2)

the Principal has, with respect to the plant and equipment, complied with relevant risk control measures in particular Section 34 to 38 of the Occupational Health and Safety Regulation 2001.

(3)

the Purchaser and the Agent are provided with:

(1)

all available information and records concerning health and safety in relation to the plant and equipment; and

(2)

any information, data or certificate provided by the manufacturer, or kept in accordance with the Occupational Health & Safety requirements.

(3)

information in writing identifying any faults or risks detected in the plant and equipment and steps the purchaser may take to rectify faults and eliminate risks


Clause 5.6

The Principal will advise the Agent and the Purchaser or the intended owner of any used plant and equipment in writing, before the sale or transfer, of any faults detected in the plant and equipment, and if appropriate, that the plant and equipment are is not to be used until the faults are rectified.


Clause 5.7

The Principal will clearly mark any plant and equipment, suitable only for use as scrap or for spare parts, and notify the purchaser in writing advising that such plant and equipment must not be used for work but only for scrap or for spare parts.


Clause 5.8

The Principal acknowledges, for the purposes of this Agreement, it is the Controller of the Property and plant and equipment and is subject to the duties imposed by Section 10 of the Occupational Health & Safety Act 2000.


Clause 6

The Agent having complied with its obligations under this Agreement, the Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:


Clause 10

Work Occupational Health & Safety

10.1

The Property as detailed in Item (4.1) is the property of, and is at all times, notwithstanding the appointment of the Agent, under the control of, the Principal as Duty Holder.

10.2

The Principal has carried out inspection of any plant and equipment both new and used included in the sale in accordance with the Occupational Health and Safety Regulations 2001.

10.2

The Principal has complied with its obligations under the Work Health and Safety Act 2011 with respect to ensuring, so far as reasonably practicable, any fixtures, fittings and plant, to which such Act applies, are without risk to the health and safety of any person.

10.3

The Principal will provide the Purchaser and the Agent with:

(1)

all available information and records concerning health and safety relating to fixtures, fittings or plant including information kept in accordance with Work Health and Safety requirements and data or certificates provided by the manufacturer.

(2)

information in writing identifying any faults or risks detected in the fixtures, fittings or plant and steps the purchaser may take to rectify faults and eliminate risks.

10.4

The Principal will advise the Agent and the Purchaser or the intended owner of any used fixtures, fittings or plant in writing before the sale or transfer, of any faults detected in the fixtures, fittings or plant and if appropriate, that the fixtures, fittings or plant are not to be used until the faults are rectified

10.5

The Principal will clearly mark any fixtures, fittings or plant, suitable only for use as scrap or for spare parts, and notify the purchaser in writing advising that such fixtures, fittings or plant must not be used for work but only for scrap or for spare parts.


 

02 Aug 2011 v2.7

Additions / Changes:


Item 3

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


Clause 11

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.

 

09 May 2011 v2.6

Additions / Changes:

 

Item 12 Note

Note: Item 12.2 is an estimate of price not a valuation & excludes GST.

 

Item 12 Warning

WARNING: This is general advice and its preparation has not taken into account the individual circumstances of the Principal or the Principal’s objectives, financial situation or needs. and is not a valuation.

 

Item I

ADDITIONAL INSTRUCTIONS

 

Item J Note

The Special Conditions are inserted under instruction from a party to this Contract and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent. Legal advice should be sought.

 

Item L

Signature of Principal

 

………………………………………….

Date: ……/……/……

Signature of Principal

 

………………………………………….

Date: ……/……/……

Signature of Agent

 

………………………………………….

Date: ……/……/……

 

The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.

 

Item M

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: ……………………

 

Clause 7.6

Unless otherwise stated, all prices of goods and services under this Agreement include (where applicable) GST.

 

Clause 10

10.1

The Property as detailed in Item (4.1) is the property of and is at all times, notwithstanding the appointment of the Agent under the control of the Principal.

10.2

The Principal has carried out inspection of any plant and equipment both new and used included in the sale in accordance with the Occupational Health and Safety Regulations 2001.


 

Clause 11

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 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).

 

Clause 14

14.1

The Agent collects and uses personal information provided by obtained from you as the Principal to provide the services required by you or on your behalf.

14.2

You as the Principal agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to: in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):


(1)

potential buyers; and/or


(2)

data collection agencies; and/or


(3)

Owner’s Corporations & financial institutions; and/or


(4)

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.


(4)

analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.


(5)

allowing the credit reporting agency to create or maintain a credit information file containing information about you the Principal.

14.2

You as the Principal further agree and consent to the Agent obtaining from a credit report agency a Consumer Credit Report containing personal credit information about you the Principal for the purposes of the collection of overdue payments.  (Section 18k (1) (h) of the Privacy Act 1988 (CTH)).

14.3

Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.

14.4

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

 

05 Aug 2009 v2.5

Additions / Changes:


Clause 7.1

The Principal acknowledges the Agent is entitled to Commission if during the Agency Period (Item A) the purchaser is effectively introduced by the Agent, by effectively introducing a prospective purchaser, is the effective cause of the Property being sold, regardless of whether the sale occurs after the termination of this Agreement.

 

03 Apr 2009 v2.4

Additions / Changes:


Clause 7.1(b)

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


Clause 7.2

Should a binding contract be entered into but not completed due to:

(a)

any default by the Principal; or

(b)

the Principal, as Seller, releasing the Purchaser (by mutual agreement or otherwise) from the Purchaser’s contractual obligations; or

(c)

the deposit forfeited to the Seller due to the Purchaser’s non performance

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

 

17 Nov 2008 v2.3

Additions / Changes:


Clause 7.7

The parties acknowledge Section 36 of the Act provides that an application to review a statement of claim or itemized account may be made to the Tribunal under the Consumer Claims Act 1998 by the Principal. If such application is not made within 28 days of a statement of claim or itemized account being served upon you, the licensee may commence action for recovery.

 

10 June 2008 v2.2

Additions / Changes:


Item 8

8.2 Other Improvements included: (eg. Plant & Equipment)

Plant & Equipment


Item 12

Note: Item 12.2 is an estimate of price not a valuation & excludes GST.


Clause 1.1(4)

Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.


Clause 1.1(5)

Property: the property is described in Items (4), (5), (6), and (8).


Clause 5.5

It is the Principal’s responsibility to ensure that:

(1)

risks arising from the condition of any new plant and equipment sold with or forming part of the Property is controlled or eliminated at the time of completion of at any sale resultant upon this Agreement.

(2)

the Principal has, with respect to the plant and equipment, complied with relevant risk control measures in particular Sections 34 to 38 of the Occupational Health and Safety Regulation 2001.

(3)

the Purchaser and the Agent are provided with:


(1)

all available information and records concerning health and safety in relation to about the plant and equipment and any record of the plant and equipment; and


(2)

any information, data or certificate provided by the manufacturer, or kept in accordance with the Occupational Health & Safety requirements.


(3)

information in writing identifying any faults or risks detected in the plant and equipment and steps the purchaser may take to rectify faults and eliminate risks.


Clause 5.6

The Principal will advise the Agent and the Purchaser or the intended owner of any used the plant and equipment in writing, before the sale or transfer, of any faults detected in the plant and equipment, and if appropriate, that the plant and equipment is not to be used until the faults are rectified.


Clause 5.7

The Principal will clearly mark any plant and equipment, suitable only for use as scrap or for spare parts, and notify the purchaser in writing advising that such plant and equipment must not be used for work but only for scrap or for spare parts.


Clause 8.2

(1)

The Agent’s estimated selling price range is applicable as at the date of this Agreement and is the Agent’s honest and fair opinion of the estimated value.

(2)

With respect to the Agent’s estimate of Selling Price, Such estimate must be a true estimate able to be supported by evidence of reasonableness should the Agent be called upon so to do in accordance with the Act.


 

20 Dec 2007 v2.1

Additions / Changes:


Item K

The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.

This Agreement must include a copy of the Sales Inspection Report prepared by the Agent and given to the Principal under Clause 2 of Schedule 3 of the Regulations to the Act.


Clause 4.1

The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Property.


Clause 4.2

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.


Clause 5.1

The Principal has at the time of entering into this Agreement disclosed to the Agent all relevant and material facts about the Property and has not provided information that is or is likely to be misleading or deceptive.


Clause 5.3

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 this sale will be a breach of this Agreement.


Clause 6

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:

(a)

authorised sales advertising and signage; or

(b)

the Principal’s failure to comply with this Agreement; or

(c)

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

(d)

the Agent acting on behalf of the Principal under this Agreement.

(e)

the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts

This means The Agent will be indemnified by the Principal in respect of for such actions, claims, demands, losses, costs, damages and expenses so arising out of this Agreement or resultant upon any act, omission or negligence on the part of the Principal.

 

23 Oct 2007 v2.0

Additions / Changes:


Clause 5.3

There is a positive obligation on the Principal to disclose relevant facts.  Any failure to disclose information known to the Principal which may detract from this sale will be a breach of this Agreement.

 

12 June 2007 v1.9

Additions / Changes:


Item C

(The above Commission Estimate is based on the GST inclusive/exclusive authorised Sale Price (Item B) inclusive of GST)


Clause 6(e)

the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts.


Clause 13

13.1

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): arketing, sales promotion and administration and as required for legislative and regulatory requirements relating to promotion, administration and use of the Agent’s products and services.  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.


(1)

marketing; and/or


(2)

sales promotion and administration; and/or


(3)

legislative and regulatory requirements relating to promotion, administration and use of the Agent's products and services; and/or


(4)

analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.


(5)

allowing the credit reporting agency to create or maintain a credit information file containing information about you the Principal.

13.2

You as the Principal further agree and consent to the Agent obtaining from a credit report agency a Consumer Credit Report containing personal credit information about you the Principal for the purposes of the collection of overdue payments. (Section 18k (1) (h) of the Privacy Act 1988 (CTH)).

13.3

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.

 

05 Apr 2007 v1.8

Additions / Changes:


Item H

The Agent is / is not authorised to conjunct with other agents for a Conjunctional Sale of the Property for the duration of this Agreement. If so Commission is:

 

Commission Apportionment as a %: (If not completed Commission will be apportioned equally)

 

Appointment Agent: ...........................  Conjuncting Agent: ..................................

 

01 Mar 2007 v1.7

Additions / Changes:


Clause 4.8

Should the Agent have a relevant interest in the sale of the Property, no advertisement relating to the sale of the Property shall be published unless the relevant interest is disclosed in the advertisement in accordance with Section 50 (2) of the Act.

 

09 Jan 2007 v1.6

Additions / Changes:


Item 7

Creeks/Rivers: .......................................   Rivers: .......................................


Item 12

12.1

Listing Price of the Property:

$ .......................................... (incl. GST if applicable)


Deposit:

$ ..........................................


Livestock:

$ ..........................................


Crops:

$ ..........................................


Water Access License(s):

$ ..........................................


.......................................

$ ..........................................

12.2 Estimated Selling Price (or Price Range):


(a)

Property Gross Value: .......................................................



OR

Provide and apportionment of the Property value: (optional)




Property (Item 4):

$ ..........................................




Water (Item 7):

$ ..........................................




Improvements (Item 8):

$ ..........................................


(b)

Other:

$ ..........................................



Livestock:

$ ..........................................



Crops:

$ ..........................................



.......................................

$ ..........................................


Item 14

See Items (E) and (F) for Details of any special instructions about marketing and showing of the Property.


Item B

Land & Fixed Improvements:

$ ..........................................

¨

Plant & Equipment:

$ ..........................................

¨

Livestock:

$ ..........................................

¨

Water Access License(s):

$ ..........................................

¨

Other ................................

$ ..........................................

¨


Item C

1) The Agent shall be entitled to Commission for:


Land & Fixed Improvements

of ....................... % + GST = $.......................... (incl. GST)


Plant & Equipment

of ....................... % + GST = $.......................... (incl. GST)


Livestock:

of ....................... % + GST = $.......................... (incl. GST)


Water Access License(s)

of ....................... % + GST = $.......................... (incl. GST)


Other: .............................

of ....................... % + GST = $.......................... (incl. GST)


Clause 1.1(4)

Property: described in Items (4), (5), (6), and (7), (8) and (10)


Clause 5.4

It is the Principal’s responsibility to ensure that:

(1)

risks arising from the condition of any plant and equipment sold with the Property is controlled or eliminated at the time of completion at any sale resultant upon this Agreement.

(2)

the plant and equipment complies with relevant risk control measures in particular Section 34 to 38 of the Occupational Health and Safety Regulation 2001.

(3)

the Purchaser and the Agent are provided with:


(1)

all available information concerning health and safety about the plant and equipment and any record of the plant and equipment; and


(2)

any information, data or certificate provided or kept in accordance with the Occupational Health & Safety requirements.


Clause 5.5

The Principal will advise the Agent and the Purchaser or the intended owner of the plant and equipment in writing, before the sale or transfer, of any faults detected in the plant and equipment, if appropriate, that the plant and equipment is not to be used until the faults are rectified.


Clause 5.6

The Principal acknowledges, for the purposes of this Agreement, it is the Controller of the Property and plant and equipment and is subject to the duties imposed by Section 10 of the Occupational Health & Safety Act 2000.


Clause 7.1(d)

a binding contract is entered into pursuant to Clause 8.1(a), 8.1(b) or 8.1(c) and not completed due to the default or other terminating action on the part of the Principal.

 

20 Oct 2006 v1.5

Many of the changes are due to this form being reformatted. Only the major changes appear below.

Additions / Changes:


Item 12

12.1

Listing Price of the Property:

$ .......................................... (incl. GST if applicable)


Deposit:

$ ..........................................


Livestock:

$ ..........................................


Crops:

$ ..........................................


.......................................

$ ..........................................


.......................................

$ ..........................................

12.2 Estimated Selling Price (or Price Range):        

      Property: ................................................................................

       Other:     ..................................... : ........................................

12.3 Most suitable method of Sale: ………………………………………………………………………………..

WARNING: This is general advice and its preparation has not taken into account the individual circumstances of the Principal or the Principal’s objectives, financial situation or needs and is not a valuation.


Item 14

See Items (E) and (F) for special instructions about showing and marketing of the Property.


Item 15

The Agent must, in accordance with Clauses 1 and 2 of Schedule 2 of the Regulations to the Act:

(1)

conduct an inspection of the Property prior to the Agent acting on behalf of the Principal under this Agreement.

(2)

give the Principal a completed copy of this Sales Inspection Report once the inspection is complete.


Item 16

Items (1) to (15) make up the Inspection Report required by the Act and have been completed by the Agent.

 

Agent’s Signature: _______________________________ Date of Report ________________


Item B

The Principal authorises the Agent to offer/sell the items listed below for no less than the specified amounts:

Agent's authorised Sale Price:


 

(mark if incl. GST)

Land & Fixed Improvements:

$ ..................................................

¨

Plant & Equipment:

$ ..................................................

¨

Livestock:

$ ..................................................

¨

Other: ............................

$ ..................................................

¨

These amounts will apply unless otherwise directed in writing by the Principal. If an amount is not specified the Agent will not be authorised to offer and/or sell the Item unless otherwise authorised in writing by the Principal. These amounts will apply unless otherwise directed in writing from the Principal.


Item C

1) The Agent shall be entitled to Commission (calculated from GST excl. reserve prices in Item 17) for:


Land & Fixed Improvements

of ....................... % + GST = $.......................... (incl. GST)


Plant & Equipment

of ....................... % + GST = $.......................... (incl. GST)


Livestock:

of ....................... % + GST = $.......................... (incl. GST)


Other: .............................

of ....................... % + GST = $.......................... (incl. GST)

(The above Commission Estimate is based on the authorised Sale Price (Item B) inclusive of GST)

Note: The Commission will vary based on the actual Sale Price of the Property.


Item H

The Agent is / is not authorised to conjunct with other agents for a Conjunctional Sale of the Property for the duration of this Agreement. If so Commission is:

 

Commission Apportionment as a %: (If not completed Commission will be apportioned equally)

 

Appointment Agent: ...........................  Conjuncting Agent: ..................................


Item I

¨ Principal’s Details  or  ¨ Seller’s Details (please tick)

Bank: .......................................... Branch: ...........................................

BSB No.: ......................... Account No.: ...............................................

Account Name: ....................................................................................


Item L

This Agreement must include a copy of any Sales Inspection Report prepared by the Agent and given to the Principal under Clause 2 of Schedule 2 of the Regulations to the Act. or the Property, Stock and Business Agents Regulation 2003.


Clause 1.1(3)

Item: an Item in the Item Schedule forming part of this Agreement.


Clause 2

The Principal warrants it is the owner of the Property and has full authority to enter into this Agreement.

By signing this Agreement the Principal(s) warrants and confirms:

(1) it is the owner of the Property

(2) it has read this Agreement

(3) it has authority to enter into this Agreement.


Clause 3

In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns to sell the Property for the Principal and the Agent agrees. and the Agent agrees to sell the Property for the Principal. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.


Clause 4.3

(1)

The Agent must provide financial statements and account to the Principal/Principal’s Solicitor with respect to all monies received, paid or used by the Agent carrying out the Agent’s Obligations under this Agreement.

(2)

The Agent will issue tax invoices when necessary in respect of all monies owing by the Principal to the Agent.


Clause 4.6

This Agreement does not authorise the Agent to contract on behalf of the Principal with respect to the Property.


Clause 5.3

By completing Item (2) of the Item Schedule the Principal confirms it has authorised and instructed the Solicitor or Conveyancer named therein to act on their behalf and to:


Clause 6

The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Agreement in respect of from:

(a)

authorised sales advertising and the promotional signage; or

(b)

the Principal’s failure to comply with this Agreement; or

(c)

the Principal’s failure to give the Agent appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or

(d)

the Agent acting on behalf of the Principal under this Agreement.

This means the Agent will be compensated by the Principal for such actions, claims, demands, losses, costs, damages and expenses so arising. in respect to this clause.


Clause 7.1

The Principal acknowledges the Agent is entitled to Commission during the Exclusive Agency Period (Item 15) if:

(a)

during the Agency Period (Item A) the Agent, by introducing a prospective purchaser, is the effective cause of the Property being sold, regardless of whether the Sale occurs after the termination of this Agreement; or

(b)

a binding Contract is entered into pursuant to Clause 7.1(a) and not completed due to the default of the Principal.


Clause 7.2

The Commission as detailed in Item (C) of the Item Schedule will be payable on settlement of the Sale, or if Clause 7.1(b) applies, on demand. The Agent will be entitled to the Commission if a contract of sale is entered into and not completed due to the default of the Principal.


Clause 7.3

The Agent is entitled to remuneration/reimbursement for Fees for services and remuneration of 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 as set out in Items (C) and (D) respectively, for the execution of services under this Agreement. incurred while executing the services under this Agreement including any taxes or deductions debited by banks or other financial institutions against the Agent’s account and attributable to the affairs of the Principal.


Clause 7.4

The services and amounts detailed in this Agreement cannot be varied except with the without Agreement in writing signed by the parties Principal.


Clause 7.5

All prices of goods and services under this Agreement include GST.


Clause 7.6

Failure to comply with the Act, Regulations or this Agreement may result in penalties against the Agent and prevent the Agent from recovering Commission and other monies under this Agreement.


Clause 8

8.1

The Agent makes no representation as to being a financial or investment advisor.

8.2

The Agent’s estimated selling price range is applicable as at the date of this Agreement and is the Agent’s honest and fair opinion of the estimated value.


Clause 9

The Agent is entitled to retain any Rebates, Discounts and/or Commissions in connection with services performed by the Agent in the capacity of the Agent for or on behalf of the Principal as disclosed in Item (G).


Clause 11

Each party has received a signed copy of and understands this Agreement or has had the opportunity to obtain professional advice with respect to this Agreement and each party acknowledges it is bound by the terms of this Agreement.


Clause 12

Any Special Conditions to this Agreement shall form part of this Agreement. Should there be any inconsistency between the Terms of this Agreement and a Special Condition, the Special Condition shall apply.

 

14 Mar 2006 v1.4

Additions / Changes:


Item 2

Solicitor/Conveyancer: .....................................................................

Company: ......................................................................................


Clause 5.4

By completing Item (2) of the Item Schedule the Principal authorises and instructs the Solicitor or Conveyancer named therein to act on their behalf and to:


(1)

Carry out all necessary searches


(2)

Prepare the Contract


(3)

Forward the Contract to the Agent for completion.

 

03 Jan 2006 v1.3

Additions / Changes:


Clause 2

In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns and the Agent agrees to sell the Property for the Principal. Authority vested in the Agent by this appointment shall be deemed to be vested in the Agent’s authorised employees.


Clause 5.1

The Principal has at the time of entering into this Agreement disclosed to the Agent all relevant facts about the Property and has not provided information that is or is likely to be misleading or deceptive.


Clause 6

The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Agreement from:


(a)

the promotional signage; or


(b)

the Principal’s failure to comply with this Agreement; or


(c)

resulting from in any way the Principal’s failure to give the Agent appropriate authority or instruction, or timely, appropriate or sufficient funds to carry out an instruction or authority; or


(d)

and the Agent acting on behalf of the Principal in the capacity of Agent of the Principal under this Agreement.

This means the Agent will be compensated by the Principal for such actions, claims, demands, losses, costs, damages and expenses in respect to this clause.


Clause 10

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, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).

 

17 Mar 2005 v1.2

Additions / Changes:


Clause 8

The Agent collects and uses personal information obtained from you as Principal to provide the services required by you or on your behalf. You as Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) to third parties for (where applicable) marketing, and sales promotion and administration and as required for legislative and regulatory requirements and relating to promotion administration and use of the Agents products and services. 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.