Appointment Of Contractor - AUQLDREPM002

Additions / Changes:

Clause 7

The Contractor indemnifies the Agent and Property Owner from and against all actions, claims, demands, and damages arising as a result of out of or in respect to the services/works performed by the Contractor.

Additions / Changes:

Item 1

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

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

ABN: …………………Phone: ………………………. Fax: ………………………. Mobile: …………………….

Contact:  ……………………………………………………………………………..………..………..………..…

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

Acting Agent for ……………………………………………...…………………………..………(Property Owner)

Where this appointment relates only to a single property, insert details below:

Item 2

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

Trading Name:     ………………………………………………………………………ABN:………….…………

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

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

Licence / Card Number/s: (insert licence details relevant to the Contractor’s industry)

(1) Issued By: ……….……………………… Number: ………………………  Expiry Date: ……/……/……  

(2) Issued By: ……….……………………… Number: ………………………  Expiry Date: ……/……/……  

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

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

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

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

Item 4

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

Payment Details:

__ Bank/ Building Society

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

Item 5

ADDITIONAL CONDITIONS

Item 6

Contractor’s Signature:                                          Agent’s Signature:

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

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

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

Clause 1

1.1

The Agent appoints the Contractor to perform the services provided for detailed in Item (2), to various properties managed by the Agent, (unless the Agent specifies in item (1) that the appointment relates to a single property), but only when authorised in writing by the Agent.

1.2

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

Clause 2.3

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

Clause 3

3.1

The Contractor agrees to pay for and supply all materials needed to complete the authorised services/works and provide an itemised tax invoice for the services/works (including materials) when completed or as otherwise agreed, by the Agent.  The Lessor shall be responsible for all payments and/or reimbursements to be made to the Contractor.

3.3

Upon provision of an invoice a Contractor will be paid as detailed in Item (4) which shall be the due date for payment in respect to matters to which the Building Industry Fairness (Security of Payment) Act 2017 Building and Construction Industry Payments Act 2004 applies.

3.4

The parties agree that the Agent may be served with Payment Claims under Section 75 17 of the Building and Construction Industry Payments Act 2004 and may serve on the Contractor, Payment Schedules under Section 76 18 of the Act.

Clause 4.1

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

Clause 4.2

(1)

Where the Contractor is of the opinion that the workplace is unsafe to carry out services/works, the Contractor will advise the Agent in writing, detailing the unsafe conditions and works required to remedy such conditions so that the required services/works can be carried out.

(2)

Before commencing remedial works, the Contractor must first obtain the written authority of the Agent, and such works, if authorised, will be subject to the terms and conditions of this Appointment.

Clause 5.1

In accessing the Premises the Contractor will comply with:

(1)

the provisions relating to access as set out in any tenancy agreement of the premises, details of which will be supplied by the Agent or as otherwise directed by the Agent;

(2)

any directions provided by the Agent; and

(3)

applicable legislation (including, if relevant, the Residential Tenancies and Rooming Accommodation Act 2008).

Clause 5.2

The Contractor is responsible for returning keys to the Agent on the same day or as otherwise agreed by the Agent. If no keys are available the Agent will provide contact details for the Contractor to call the Tenant to organise access.

Clause 5.3

Where the premises are rented, it shall be the Agent’s responsibility, in facilitating access to the Premises by the Contractor, to ensure the requirements of relevant legislation, (including where applicable the Residential Tenancies and Rooming Accommodation Act 2008) have been complied with.

Clause 6.1

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

The Contractor warrants all services/works will be carried out:

(1)

in a proper and workman-like manner;

(2)

within a reasonable time

(3)

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

Clause 6.2

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

Clause 8

Should you as Contractor obtain confidential or personal information as defined in the Privacy Act 1988 (cth) or confidential information with respect to the Agent, his Client/s or business such information may only be used to facilitate provision of the Contractor’s services and must not be disclosed to third parties unless the Agent’s consent in writing has been obtained or as otherwise required by law.

Clause 9

The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.

By signing this agreement the parties acknowledge having given prior consent, in accordance with the Electronic Transactions (Queensland) Act 2001, for the electronic transmission, exchange and execution of this Agreement and any related documents and communications (for signing purposes or otherwise) to a party at an appropriate electronic  address provided by that party in an Item Schedule to this Agreement.

Clause 10

Additional

Conditions

Any Additional Conditions to this Appointment shall form part of this Appointment. Should there be inconsistency between the terms of this Appointment and an Additional Condition, the Additional Condition shall apply.

Clause 11

Sub-Contractors

11.1

The provisions of this Appointment, in particular, those concerning the requirement of any act or duty to be carried out by the Contractor, shall also apply to any Sub-Contractor employed by the Contractor to carry out works on the Contractor’s behalf.  (See Clauses 2.1(1), 2.1(2) and 4.1(1))

11.2

The Sub-Contractor must have current contractor’s insurance as detailed in Item 3.  Such insurance must be current and in effect. The Sub-Contractor must upon request, provide certificates of currency for each insurance policy.

Copyright statement updated.

Additions / Changes:

Clause 2.3

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

Additions / Changes:

Clause 2.2

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

Clause 2.3

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

Clause 3.1

The Contractor agrees to pay for and supply all materials needed to complete the authorised services/works and provide an itemised tax invoice for the services/works when completed or as otherwise agreed, by to the Agent. The Lessor shall be responsible for all payments and/or reimbursements to be made to the Contractor.

Additions / Changes:

Clause 4(1)

all work is performed in compliance with the Workplace Health and Safety Act 2011 1995;

Additions / Changes:

Item 2

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

Trading Name:     …………………………………………………………………… ABN:…………………………..

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

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

Licence / Card Number/s: (insert licence details relevant to the Contractor’s industry)

(1) Issued By: ……….………………………..… Number: ……………………….  Expiry Date: ……/……/……  

(2) Issued By: ……….………………………..… Number: ……………………….  Expiry Date: ……/……/……  

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

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

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

(Eg plumber, electrician, cleaner etc)

Additions / Changes:

Clause 1

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

Clause 3.1

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

Clause 3.2

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

Clause 6

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

Clause 9

By signing this Appointment all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Appointment 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 & email addresses).

Additions / Changes:

Clause 5

Access to the premises may only be gained in compliance with the Residential Tenancies and Rooming Accommodation Act 2008. The Contractor is responsible for returning keys to the Agent on the same day or as agreed by the Agent. If no keys are available the Agent will provide contact details for the Contractor to call the Tenant to organise access.

Changes:

Item 4

Terms of Payment: net 7 days/14 days/30 days/60 days/90 days

Payment Details:

Bank/ Building Society

    Bank: ..............................................................

    Branch: ...........................................................

    BSB: ....I....I....I....I....I....

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

    Account Number: ....I....I....I....I....I....I....I....I....

Other: Name: ........................................................

         Address: ....................................................

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

Clause 8

Should you as Contractor obtain confidential or personal information as defined in the Privacy Act 1988 (cth) with respect to the Agent, his Client or business such information may only be used to facilitate provision of the Contractor’s services and must not be disclosed to third parties unless the Agent’s consent in writing has been obtained or as otherwise required by law.

Additions:

Clause 9

By signing this Appointment all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Appointment and any other related appointments, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).

Changes:

Form layout changed

Additions:

Item 4

Terms of Payment: net 7days/14days/30days/60days/90days

Clause 3.3

Upon provision of an invoice a Contractor will be paid in accordance with Item (4) which shall be the due date for payment in respect to matters to which the Building and Construction Industry Payments Act 2004 applies.

Clause 3.4

The parties agree that the Agent may be served with Payment Claims under Section 17 of the Building and Construction Industry Payments Act 2004 and may serve on the Contractor Payment Schedules under Section 18 of the Act.

Clause 8

The Agent collects and uses personal information obtained from you as the Client to provide the services required by you or on your behalf. You as the Client 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) marketing, 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 Client’s behalf. The Client has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.

Changes:

Heading

Added an extra space for Expiry Date for each Insurance type.