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Item 9.1
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At the end of the term of the Exclusive Selling Period (Item 7), unless terminated, this Authority will continue as a Non Exclusive Selling Authority for a period of
.. days. Note: Where no days are inserted, the period shall be 1 Business Day.
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Item 13
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The Vendor confirms, prior to signing this Authority, the Agent advised that Expenses and Commission payments were subject to negotiation. Vendors Initials:
..
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Item 17
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Interest Charged: __Yes __ No (if yes complete below)
__ (a) Rate prescribed by the Attorney General in accordance with the Penalty Interest Rates Act1983
OR
__ (b) Rate in (a) +
% per annum (Eg. The Agents overdraft default rate may represent the actual cost of funds)
(Note: if a higher rate than (a) is charged it must not be unfair)
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Clause 1.1(7)
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Expenses: any cost or charge incurred by the Agent (including in respect of advertising or marketing) in carrying out the Agents obligations under this Authority. less any rebate, discount, commission or other benefit received by the Agent in respect of such Expenses.
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Clause 4.4
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Where authorised in writing to do so by the Vendor, the Agent may:
(1)
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participate in the exchange or filling up making of the sale contract. where authorised to do so by the Vendor.
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(2)
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sign the Contract where the terms have been agreed to by the Vendor.
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Clause 7.3
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The Selling Fee will be calculated on the actual price the Business is sold for (Selling Price) notwithstanding such Selling Price may be greater or less than the Vendors Sale Price set out in Item (5).
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Clause 7.5
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The Vendor authorises and directs the Selling Fee and Expenses (including taxes and GST if applicable) to be paid to the Agent by the person holding the deposit monies or other monies due under the contract for the sale of the Business, be that the stakeholder or other person as provided herein. The Authority shall be sufficient authority and discharge for such payment.
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Clause 7.7
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The Vendor acknowledges before entering into this Authority that the Agent has provided a printed guide to the Agents Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.
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Clause 7.13
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The parties agree a Buyer will have been introduced to the Business where the Agent has been a source of information with respect to bringing to the attention of a Buyer that such Business is available for purchase.
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Clause 8
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Any monies payable under this Authority by the Vendor to the Agent (or any judgment given in respect of this Authority) not paid when due will attract interest from the due date for payment, to the date of payment at the rate prescribed by the Attorney General in accordance with the Penalty Interest Rates Act 1983. in Item (17).
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Clause 11
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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 Authority.
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Clause 14.1
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The Agent collects and uses personal information provided obtained from by you as the Vendor to provide the services required by you or on your behalf.
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Clause 14.2
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You as the Vendor 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)
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potential buyers; and/or
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(2)
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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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(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 Agents products and services; and/or
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(4)
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analysing, verifying and/or checking the Vendors credit, payment and/or status in relation to provision of services.
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Clause 14.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Vendors behalf. The Vendor 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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Clause 14.4
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The Vendor 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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