Appointment of Commercial Agent and Service Agreement
I hereby appoint Quantum Credit Management (Aust) Pty Ltd ACN 132 524 728 trading as National Collection Services (and all entities that are affiliates, subsidiaries, successors and/or assigns) as its agent subject to the provisions of the following:
- Terms and Conditions;
- Trust Authority;
- Compliance – Property and Motor Dealers Act 2000;
- Continuing appointment;
- Pricing Schedule
Terms and Conditions
1. Conditions of Engagement
The only contractual terms which are binding upon the agent are those set forth in this agreement.
Should the identity/particulars of the Client be found to be incorrect (in the agent’s opinion) then the person/s signing on behalf of the Client shall be deemed to be personally liable and stand in place of the Client and agrees to be personally bound by the Terms and Conditions herein.
3. Charges and Commission Rates as Per Pricing Schedule
The commission rate and charges and description of services to be rendered are contained in the pricing schedule herein, and Commission shall be calculated on all monies, (including but not limited to) all benefits received, contra done, goods returned, compromises entered into, credit given, accounts withdrawn, matter settled either directly or indirectly by the client.
The agent reserves the right to alter charges and/or commission rates after 30 days written notice, and states that such alteration can only take place once a calendar year, calculated from the date of this agreement.
The client acknowledges that upon communicating, its consent (be it written and/or verbal), regardless of when such consent is withdrawn, that they are liable for all charges, commission and outlays incurred to date.
5. Closing Accounts
The Client acknowledges that should:
- It fails to reply to the agent within 10 days of receiving a communication, requesting instructions and/or documents etc.
- Have not paid any of the agent outstanding accounts by the due date.
- Communicate with the defaulting party, (your client /customer) after the debt is referred to the agent and/or settles and/or compromises the debt
Then the agent may close such account/s and render an invoice/s for commissions, charges and outlays, as though the debt had been collected, and calculated on the amount that the debt was originally referred to the agent for collection.
- All costs and/or any other expenses incurred by the agent pursuant to this Agreement shall be paid by the Client upon receipt of invoice.
- A certificate signed by either the Credit Manager or a Director of the agent shall be prima facie evidence of the outstanding amount owed by the Client or the Guarantor/s.
- There shall be no obligation upon the agent to first make demand upon or proceed against the Client before making Demand upon and proceeding against the Guarantor/s.
7. Order of Payment
All monies and credits received by the agent shall be applied in the following order:
- Towards payment of any costs, including commission, charges, expenses and/or outgoings incurred by or paid by The agent: and
- Towards payment of the debt itself.
8. Limitation of Liability
Under no circumstances will the agent be liable for any loss and/or any damage to persons or property of any nature as a result, direct or indirect, of any defect, deficiency or discrepancy in services rendered and/or powers exercised (attempted) pursuant to the agreement or any action taken by the client and/or its’ employee/s, agent/s, and/or representatives.
9. Liability to Improper Exercise of Powers
The agent shall be not liable in any way for any loss or damage to the Client or any other person whether direct or consequential, which loss or damage arises directly or indirectly in any way from or in connection with the agent’s use (attempted) of its powers pursuant to this agreement. This paragraph shall apply even though the use of the said powers may be unsuccessful or unjustified on any grounds whatsoever. Where such loss or damage occurs to a third party the Client hereby indemnifies the agent against all liability thereof to the fullest extent permitted by law.
The Client indemnifies the agent against all actions, claims (including without limitations claims for personal injury and damage to property and claims for loss of profit, indirect or consequential loss) demands, losses, damages, costs and expenses which the agent may incur.
The agent may at its discretion, without notice, transfer and or assign the benefit of this agreement to a third party who shall be bound by the terms and conditions of this agreement as though it was the agent.
12. Jurisdiction of Courts
The Client hereby submits to the jurisdiction of the appropriate Court in the State of Queensland (Brisbane) and/or as selected by the agent should it be necessary to decide any matter, claim or issue arising out of this Agreement.
The Client agrees that should the agent commence legal action against it for monies outstanding that it will not raise the following Defence/s:
- Action commenced in wrong jurisdiction and/or state
- Counter Claim for alleged damages
- Set-off for monies allegedly owing
Acceptance of this agreement and schedules can be given by:
- Signing and returning the agreement either by post, fax or electronic scan
- Confirming same by return email
Any instructions generated by the agent’s website, the client agrees to be bound by the terms and condition contained on such website.
In this Agreement, unless a contrary intention appears, a reference to:
- The singular includes the plural and vice versa;
- Any gender includes all other genders;
- A person includes a corporation and an association whether incorporated or not and vice versa.
I hereby authorise the agent (its director/s, employee/s, agent/s and or representative/s to withdraw, and/or to do with any monies it holds on my behalf in its trust account, immediately upon invoice or instructions, to do any or all of the following:
- Pay commissions.
- To bank third party cheques.
- Reimburse charges and outlays (be they administrative, bank charges and or legal expenses) of whatsoever nature.
- To distribute any monies held by the end of each calendar month.
Property Agents and Motor Dealers Act (Qld) 2000
- Acknowledge that this agreement shall commence on the date of signing herein and shall continue for one calendar year from such date and shall renew automatically successively for periods of one calendar year thereafter until either party delivers written notice to the other party that it intends to terminate such agreement.
- Agree that the period of notice is 30 days.