Client details

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Property occupations Form 6Property Occupations Act 2014 • Form 6 • V5 • 1 August 2016 Page 1 of 6ABN: 13 846 673 994Appointment and reappointment of a property agent,resident letting agent or property auctioneerProperty Occupations Act 2014This form is effective from 1 August 2016
Part 1—Client details
Client 1Note: The client is the personor entity appointing theagent to provide the services.This may be the owner (orauthorised representativeof the owner) of the land,property or business thatis to be sold or may be aprospective buyer seeking topurchase land or a property.
Client name …………………………………………………………………………………………………………………….………………………………………………………………………………………………………………………………………Address…………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………Suburb ……………………………………………………………….. State PostcodePhone…………………………………. Fax………………………………….. Mobile…………………………………….Email address…………………………………………………………………………………………………………………..
Client 2Note: Annexures detailingadditional clients may beattached if required.
Client name …………………………………………………………………………………………………………………….………………………………………………………………………………………………………………………………………Address…………………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………Suburb ……………………………………………………………….. State PostcodePhone…………………………………. Fax………………………………….. Mobile…………………………………….Email address…………………………………………………………………………………………………………………..
Part 2—Licensee details
Licensee typeMore than one box may beticked if appropriate.Note: Annexures detailingconjuncting agents may beattached if required.Licensee nameWhere a corporation licenseeis to be appointed, statethe corporation’s name andlicence number.Where a sole trader is tobe appointed, state theindividual’s name and licencenumber.
Address ………………………………………………………………………………………………………………………….Suburb ………………………………………………………………. State PostcodePhone…………………………………. Fax………………………………….. Mobile…………………………………….Email address…………………………………………………………………………………………………………………..
ABN ACNAre you registered for GST? Yes NoABN ACNAre you registered for GST? Yes NoReal estate agent Resident letting agent Property auctioneerTrading name …………………………………………………………………………………………………………………..Licensee name (corporation, if applicable)…………………………………………………………………………….………………………………………………………………………………………………………………………………………ABN ACNLicence number Expiry / /0740FT_0616Property Occupations Act 2014 • Form 6 • V5 • 1 August 2016 Page 2 of 6
Part 3—Details of property or business that is to be sold, let, purchased, or managed
Please provide details of theproperty, land, or business asappropriate.Note: Annexures detailingmultiple properties may beattached if required.
Description ……………………………………………………………………………………………………………………..………………………………………………………………………………………………………………………………………Address ………………………………………………………………………………………………………………………….Suburb ………………………………………………………………. State PostcodeLot …………………………………………………………………….. Plan………………………………………………….Title reference ………………………………………………………………………………………………………………….
Part 4—Appointment of property agent
Section 1Performance of serviceAnnexures detailing theperformance of service maybe attached if required.
The client appoints the agent to perform the following service/s:Sale Purchase Letting / collection of rent / managementLeasing (Commercial agents)Auction Auction date / / (must be completed)Other (please specify)…………………………………………………………………………………………………
Section 2Term of appointmentSole and exclusiveappointments: for salesof one or two residentialproperties, the term isnegotiable and agent can beappointed or reappointedup to a maximum of 90days per term. There are nolimitations on the length ofan appointment for anythingother than a residentialproperty sale.
Single appointment for a particular service or servicesStart / / End / /Continuing appointment for a service or a number of services over a periodStart / /
Section 3PriceState the price for which theproperty, land or business is tobe sold or let.Note: Bait advertising is anoffence under the AustralianConsumer Law.
Reserve List Letting$……………………………………………………………………………………………………………………………………• For auctions: If a reserve price is unknown at the time of appointment, it can be advised inwriting at a later date.• For residential property auctions and residential properties to be marketed without a price: Ifthe client agrees to marketing via an electronic listing provider, the client agrees for the agent todisclose to the electronic listing provider a price or price range of$………………………………………………………………………………………….. to establish a search criteria.
Section 4Instructions/conditionsThe client may list anycondition, limitationor restriction on theperformance of the service.Note: Annexures detailinginstructions/conditions maybe attached if required.
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Property Occupations Act 2014 • Form 6 • V5 • 1 August 2016 Page 3 of 6
Part 5—Termination of appointment
Residential sales of 1 or 2properties only
Open listing: You may terminate in writing at any time.Sole or exclusive: The client and agent can agree in writing to end the appointment early. Forappointments of 60 days or more, either party can end the appointment by giving 30 days written notice,but the appointment must run for at least 60 days unless both parties agree to an earlier end date.
Open listing
You may terminate an open listing for either commercial or residential property sales at any time.
Other fixed termappointments(excluding residentialproperty sales)
The parties may agree to a fixed term appointment of their choice. This term may be ended earlierby mutual agreement.
Continuing appointments(for example: letting,collection of rents etc)
You may terminate in writing with 30 days notice, or less if both parties agree.
Part 6—PROPERTY SALES: open listing, sole agency or exclusive agencyTo the clientYou may appoint an agent to sell a property or land on the basis of an open listing, or a sole agency, or exclusive agency.The following information explains the circumstances under which you will, and won’t, have to pay a commission to the agent if theproperty is sold during their term of appointment.
OPEN LISTING• You appoint the agent to sell the property but you retain a right to appoint other agents on similar terms, without penalty or extracommission.• No end date required.• Appointment can be ended by either you or the agent at any time by giving written notice.When you must pay the agent• The agent is entitled to the agreed commission if the agent is the effective cause of sale.When you don’t have to pay the agent• If the client sells the property privately and the agent is not the effective cause of sale i.e.: purchaser did not contact the agent, didnot attend open house inspections etc.
SOLE AGENCYWhen you must pay the agent• If you appoint a new agent during an existing agent’s sole agreement term and the property is sold during that term, you may haveto pay:• A commission to each agent (two commissions)• Damages for breach of contract arising under the existing agent’s appointmentWhen you don’t have to pay the agent• If the client sells the property privately and the agent is not the effective cause of sale i.e.: purchaser did not contact the agent, didnot attend open house inspections etc.
EXCLUSIVE AGENCYWhen you must pay the agent• The client will pay the appointed agent whether this agent, any other agent, or person (including the client themselves) sells theproperty during the term of the appointment.• If the client sells the property, after the exclusive appointment expires and if the agent was the effective cause of sale (introducedthe buyer to the property) the agent may be entitled to commission.
At the end of the sole or exclusive agency, the parties Agree Do not agreethat the appointment will continue as an open listing. (Please tick whichever is relevant)
Property Occupations Act 2014 • Form 6 • V5 • 1 August 2016 Page 4 of 6
Part 6—PROPERTY SALES: open listing, sole agency or exclusive agency continued
Acknowledgement for soleand exclusive agency
I/we acknowledge the appointed agent has provided me/us with information about sole andexclusive agency appointments.Client ……………………………………………………………………………………………………………………………..Date / /Agent ……………………………………………………………………………………………………………………………..Date / /
Part 7—Commission
To the clientThe commission is negotiable. Itmust be written as a percentageor dollar amount.Make sure you understandwhen commission is payable.If you choose ‘Other’ andthe contract does not settle,the agent may still seekcommission.To the agentYou should ensure thatcommission is clearlyexpressed and the client fullyunderstands the likely amountand when it is payable. Referto section 104 and 105 of theProperty Occupations Act 2014.
The client and the agent agree that the commission including GST payable for the service to beperformed by the agent is:………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………When commission is payableFor sales, including auctions, commission is payable if a contract is entered into andsettlement of the contract occurs.Other …………………………………………………………………………………………………………………….(for specific other circumstances in which commission is payable see annexure).For all other types of appointments:………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
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Property Occupations Act 2014 • Form 6 • V5 • 1 August 2016 Page 5 of 6
Part 8—Authorisation to incur fees, charges and expenses
The client authorises the agent to incur the following expenses in relation to the performance of the service/s. Annexures may beattached if required.
Section 1Advertising/marketingTo the clientYour agent may eithercomplete this section or attachannexures of marketing/advertising activities. In eithercase, the authorised amountmust be written here.
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………Authorised amount $ …………………………………………………………………………………………………………When payable / /
Section 2Repairs and maintenance(if applicable)Property management
The maximum value of repairs and maintenance to be paid by the agent without prior approval bythe client is $……………………………………………………………………………………………………………………
Section 3OtherDescription of fees andcharges.The agent may eithercomplete this section orattach annexures.
Description………………………………………..………………………………………..………………………………………..………………………………………..Amount……………………………………………………………………………………………………………………………………………………When payable………………………………………..………………………………………..………………………………………..………………………………………..
Section 4Agent’s rebate, discount,commission or benefitincurred in the provisionof or performance of theservice
Service………………………………………..………………………………………..………………………………………..………………………………………..Source……………………………………………………………………………………………………………………………………………………Estimated amount………………………………………..………………………………………..………………………………………..………………………………………..
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Property Occupations Act 2014 • Form 6 • V5 • 1 August 2016 Page 6 of 6
Part 9—Signatures
WARNING: THE CLIENT IS ADVISED TO SEEK INDEPENDENT LEGAL ADVICE BEFORE SIGNING THIS FORM.This form enables the client to appoint, or reappoint, a property agent, resident letting agent or property auctioneer (the ‘agent’)for the sale, letting/management, collection of rent, auction or purchase of real property, land or businesses. This form must becompleted and given to the client before the agent performs any service for the client. Failure to do so may result in a penalty and lossof commission for the agent. If you are unclear about any aspect of this form, or the fees you will be charged, do not sign it. Seek legaladvice. If you need more information about this form including what an agent needs to disclose, you can visit the Office of Fair Tradingwebsite at www.qld.gov.au/fairtrading or phone on 13 QGOV (13 74 68).
Client 1
Full name…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………Signature ………………………………………………………………………. / /
Client 2
Full name…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………Signature ………………………………………………………………………. / /
AgentA registered real estatesalesperson working for anagency can sign this form onbehalf of the licensed agent.
Full name…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………Signature ………………………………………………………………………. / /
Schedules andattachmentsList any attachments.
Part 10—Reappointment
Use this section toreappoint your agent. Anew appointment form isrequired if any of the termsor conditions are to change.Your agent can only bereappointed within 14 daysbefore the contract ends—notbefore.Limitations apply onreappointments for soleor exclusive agencyappointments for residentialproperty sales.
I/we (the client) reappoint ………………………………………………………………………………………………….…………………………………………………………………. (the agent) to / /Client’s name……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………Signature ………………………………………………………………………. / /Client’s name……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………Signature ………………………………………………………………………. / /
This area has been intentionally left blank.
This is the end of the approved form. Please note, any annexures/schedules form part of the appointment contract.
Demonstration© ADL Software – ALL RIGHTS RESERVED Initials AUQLDREPSA01 v1.5 (Page 10 of 12)In this Schedule the following terms mean:-(1) Act means Property Occupations Act 2014 andRegulations thereto.(2) Appointment means Property Occupations Form 6Appointment of a Property Agent including ItemSchedule, Terms of Appointment and any otherannexures.(3) Appointment Commencement Date: The date as setout in Part (4.2) of the attached Property OccupationsForm 6 unless otherwise specified.(4) Beneficial Interest: a licensee, other than a propertydeveloper, is taken to have a beneficial interest inproperty in each of the cases listed in Section 153 ofthe Act.(6) Conduct Standards: the Conduct Standards forLicensees and Real Estate Salespersons set out inthe Act and Regulations.(7) Conjunction Sale means a sale conducted inassociation with another or other Agents.(8) Electronic Document: means any electroniccommunication (including Notices) as defined in theElectronic Transactions (Queensland) Act 2001including any electronically generated documentsituated on an external server readily accessible via alink within an electronic communication or otherelectronically generated document.(5) Comparative Market Analysis: a document comparingthe offered Property with at least 3 properties soldwithin the previous 6 months that are of a similarstandard or condition to the offered Property and arewithin 5km of that Property.(10) Relevant Contract: a contract for the sale of residentialproperty in Queensland, other than a contract formedon a sale by auction (Section 160 of the Act).2. Appointment of Agent2.1 In consideration of and in accordance with the terms of thisAppointment, the Client appoints the Agent and its permittedAssigns, and the Agent agrees to sell the Property for theClient. Authority vested in the Agent by this Appointment shallbe deemed to be vested in the Agent’s authorisedemployees.3. List Price3.1 The Client instructs the Agent to list the Property at the ListPrice mentioned in Part (4.3) of the attached PropertyOccupations Form 6.3.2 The Client acknowledges it has not relied on any informationprovided by the Agent other than those contained in theComparative Market Analysis or written explanation of marketvalue in arriving at the List Price.4. Exclusive AppointmentIf the Client by this Appointment appoints the Agent asExclusive Agent:6. Conjunctional Sales6.1 The Agent has, prior to signing this Appointment, explainedto the Client:(1) general issue about a Sale conducted in conjunctionwith other Agents.(2) the Agent’s policy about Conjunctional Sales includingthe percentage apportionment of Commissionbetween the Agents.6.2 Before agreeing with another Real Estate Agent to conduct aConjunction Sale, an Agent must:(1) disclose to the Client the name of the other agent withwhom the Agent proposes to act(2) advise the other agent of the Client’s instructions forthe sale.6.3 The percentage apportionment of Commission between theAgents, if a conjunction agreement is to take place, shall bethe percentage stated in Item (D).7. Managing Agent7.1 The Client states the Managing Agent for the Property is theperson named in Item (G) of the Item Schedule.7.2 Once a Property Agent accepts an appointment to sell atenanted residential or business property, written noticemust be given by the selling Agent immediately to theManaging Agent.7.3 The Managing Agent, once aware of the intention to sell theProperty, must notify the tenant in writing of the Propertybeing listed for sale and of the appointment of a PropertyAgent (Real Estate Agent or auctioneer) to sell the Property.8. Commission8.1 The Client agrees Commission will be due and payable:2.2 The start date of this Appointment will be that set out in Part(4.2) of the attached Property Occupations Form 6 or if nodate is inserted the later of the dates either the Client or theAgent signed this Appointment.(a) as detailed in Part (7 – When Commission is Payable)of the attached Property Occupations Form 6;(b) on settlement of the sale; orTerms of Appointment – Residential Sales1. Definitions2.3 Where details as to the term of appointment are notcompleted in Part (4.2) of the attached Property OccupationsForm 6 this Appointment is a continuing appointment.(being a schedule to and forming part of the approvedProperty Occupations Form 6)(1) the Client will for the duration of this Appointment referany prospective buyers of which the Client becomesaware to the Agent.5. Reappointment5.1 Subject to Clause 5.2 the Client may reappoint the Agent, inthe approved form, for a further period under the same termsand conditions by completing Part 10 (Reappointment) oftheir copy of this Appointment and providing it to the Agent(s111 of the Act).5.3 Where the Client has in accordance with Clauses 5.1 and(where applicable) 5.2 Reappointed the Agent in theapproved form the Parties agree that the Agent has the rightto end or revoke the Reappointment by giving written noticeto the Client within 7 days after receiving theReappointment.5.4 Where the Agent ends or revokes the Reappointment theappointment will end:(1) where this appointment has not ended, in accordancewith the terms and conditions of the Appointment.(2) where this Appointment has ended and theReappointment commenced, on service of the writtennotice required in accordance with Clause 5.3.5.5 Where the Agent does not serve a notice in accordance withClause 5.3 this will be confirmation of the Agent’sacceptance of Reappointment.5.2 Where the Appointment is a sole or exclusive agency for thesale of residential property the Client must provide theReappointment to the Agent not more than 14 days prior tothe expiry of this Appointment (s110 of the Act).(2) If another party acts for the Client in providing theservices set out in this Appointment, the Client will stillbe responsible for Commission and/or Fees to theAgent as outlined in this Appointment.8.2 Should an enforceable contract be entered into but notcompleted due to:
(a)(b)
any act or omission of the Client; orthe Client, as Seller, releasing the Purchaser (bymutual agreement or otherwise) from the Purchaser’scontractual obligations; or
(c) pursuant to Clause 8.2.(9) Related Document: means any written communication(including Notices), with regard to this matter, betweenthe parties including any Electronic Documents.Printed by ADLFormsDemonstration15. Termination PenaltyThe Seller and the Agent agree the Agent will be entitled to atermination penalty (0.25% of the purchase price (section159 of the Act)), apportioned between the Agent and Seller inaccordance with Item (I) in relation to a Relevant Contractterminated by a Buyer (Section 168 of the Act) and the receiptby the Agent for its share (if any) of a termination penaltyshall be sufficient discharge to the deposit holder withrespect to its duty to account to the Client the Agent’sallocated share of the penalty and distribute the penalty inaccordance with Item (I).14. Beneficial InterestThe Agent may not obtain a Beneficial Interest in the Propertyunless the Agent, before a Relevant Contract for the Propertyis entered into, obtains the Client’s written acknowledgmentin the approved form – in accordance with the provisions ofSection 155 of the Act.© ADL Software – ALL RIGHTS RESERVED Initials AUQLDREPSA01 v1.5 (Page 11 of 12)11.5 The Client will provide to the Agent such additionalinformation as the Agent may reasonably request from timeto time relevant to matters contained in Clause 11.11.2 The Agent is authorised, at the Client’s cost, to makeenquiries relating to the warranties given in Clause 11.1.(2) it has and will maintain Public Liability Insurance in asum not less than 10 million dollars.(3) all information relevant to the sale of the Propertydisclosed by the Client to the Agent is correct.(1) it is the owner of the Property, the description in Part (3)of the Property Occupations Form 6 is correct and theClient is authorised to appoint the Agent for sale of theProperty.11.1 The Client warrants:11. Client’s Obligations and Authority12.2 Notwithstanding the provision of Clause 12.1(2) the Client bythis Appointment agrees only offers in writing andexpressions of interest in accordance with the Clientsinstructions shall be communicated to the Client.(2) each expression of interest either written or oral aboutthe sale of the Property.(1) any issues or other information relevant to the Property12.1 In compliance with the Clients instructions and inaccordance with the Property Occupations Form 6, theappointed Agent must keep the Client informed of:12. Agent’s Responsibilities10.7 The Terms and Conditions of a Relevant Contract shall beas agreed by the Client and the Agent prior to Auction.10.6 Should the Property be sold by Auction, the contract will beunconditional for cash with a deposit of 10% payable on thefall of the hammer and settlement within thirty (30) days ofthe date of the Auction.10.5 The Client authorises the Agent to employ a LicensedAuctioneer to carry out the Auction. The fee which the Clientmust pay is specified in Part (8.3) of the PropertyOccupations Form 6.10.4 The time and place of the Auction may be determined by theAgent and Owner in writing unless specified in Item (J).10.2 The Agent must not sell the Property if bidding does notreach the Reserve price. Should no Reserve price be givenin this Appointment the Reserve price must be given inwriting to the Auctioneer before the Auction commences.10.3 The Auction shall take place on the date specified in Part(4.1) of the Property Occupations Form 6.11.7 The Client has complied with relevant legislativerequirements with respect to the Property.13. Photograph Consent13.1 The Agent will take any photos in accordance with theClient’s instructions (if any) set out in Part (4.4) of theProperty Occupations Form 6 and will take all reasonablecare to ensure the privacy of the Client and/or any Tenant ofthe Property and in so doing will not photograph personalchattels without authority.13.2 Should the Property be tenanted, photos may not be takenunless and until the written consent of the Tenant isobtained. It is the responsibility of the Client or managingagent to obtain such consent.11.3 Where the Client has indicated ‘yes’ in Item (O) of the ItemSchedule, the Client will provide to the Agent copies of suchapplications or orders at the time of entering into thisAppointment. The Client will also provide copies ofsubsequent applications or orders made during the term ofthis Appointment.11.4 The Client will, where applicable, make available to theAgent, any current Pool Safety Certificate or Form 17 (FinalInspection Certificate) issued prior to or during the term ofthis Appointment.16. Work Health and SafetyInsofar as either party to this Appointment is, with respect tothe Premises a – Person Conducting a Business orUndertaking (under the Work Health and Safety Act 2011,Regulations or relevant Codes of Practice in relation thereto)such party must comply with the Act, Regulations or relevantCodes of Practice. Provided however, in carrying out suchobligations the Agent acts only as Agent for the Client.unless otherwise specified in writing by the Client.8.3 The Client authorises and directs the Commission to bepaid to the Agent in accordance with this Appointment by theperson holding the deposit monies or other monies dueunder the contract for the sale of the Property, be that thestakeholder or other person as provided herein. ThisAppointment shall be sufficient authority and discharge forsuch payment.8.4 Notwithstanding the monetary amount listed in Part (7) ofthe Property Occupations Form 6 the amount ofCommission will be in accordance with Item (A) of the ItemSchedule.10. Auction10.1 The Reserve price is the amount stated in Part (4.3) of theattached Property Occupations Form 6 unless otherwiseinstructed in writing by the Client or any other authorisedperson prior to the Auction taking place.
(c)
the deposit forfeited; in terms of the Sales Contract tothe Seller
the Client agrees the Commission is payable to the Agentforthwith. Provided however, where Clause 8.2(c) applies,commission will remain due but monies payable shall(subject to the Seller’s rights to claim damages for breach ofcontract) be limited to the receipted deposit monies.9. Fees, Charges and ExpensesThe Client will pay all Fees, Charges, Expenses and otheroutlays owing to or incurred by the Agent in association withthis Appointment, as detailed in Part (8) of the attachedProperty Occupations Form 6. When no date has beeninserted payment will be within 7 days.12.3 The Agent must act in accordance with the Clientsinstructions unless such instructions are contrary to theConduct Standards prescribed in the Regulations to the Act.17. IndemnityThe Agent having complied with its obligations under thisAppointment and not having been negligent, the Clientindemnifies the Agent, its officers and employees, from andagainst all liabilities, actions, claims, demands, losses,costs (on an indemnity basis), damages and expensesarising out of or in respect of this Appointment from:
(a)(b)
the Client’s failure to comply with this Appointment; orthe Client’s failure to give the Agent appropriateauthority or instruction; or
11.6 Where a product, fixture or fitting provided with the Propertyhas a warning label or safety instructions attached the Clientis not to deface, damage or remove such label.(c) the Agent acting on behalf of the Client under thisAppointment; orPrinted by ADLFormsDemonstration© ADL Software – ALL RIGHTS RESERVED Initials AUQLDREPSA01 v1.5 (Page 12 of 12)20. Using this FormWhere such information is required to be entered on theapproved form, information contained in the Item Scheduleand the Terms of Appointment shall apply to the approvedProperty Occupations Form 6.18.5 The Client has the right to access such personalinformation and may require correction or amendment ofany inaccurate, incomplete, out of date or irrelevantinformation.18.6 The Agent will provide (where applicable), on request, a copyof its Privacy Policy.18.4 Without provision of certain information the Agent may not beable to act effectively or at all on the Client’s behalf.(e) a warning label or safety instructions having beenremoved, damaged or defaced where a product orfitting has been supplied to the Property with such alabel or instruction attached.18. Privacy Statement18.1 The Agent must comply with the provisions of the AustralianPrivacy Principles (Privacy Act 1988) and where requiredmaintain a Privacy Policy.18.2 The Privacy Policy outlines how the Agent collects and usespersonal information provided by you as the Client, orobtained by other means, to provide the services required byyou or on your behalf.18.3 You as Client agree the Agent may, subject to the Privacy Act1988 (CTH) (where applicable), collect, use and disclosesuch information to:(1) potential buyers, to the extent required to prepare acontract for the sale of the Property; and/or(2) property data collection agencies; and/or(3) Body Corporates and financial institutions; and/or(4) other third parties as may be required by the Agent forthe purposes of marketing, sales promotion andadministration relating to the use of the Agent’sproducts and services and complying with legislativeand regulatory requirements.21. Special Conditions21.1 Any Special Conditions to this Appointment shall form part ofthis Appointment. Should there be inconsistency betweenthese Terms of Appointment and a Special Condition, theSpecial Condition will apply. All Special Conditions must bein compliance with all relevant legislation.21.2 Special Conditions to this Appointment where inserted at thedirection of the Client were prepared by the Client or anAustralian Legal Practitioner instructed by the Client and notby the Agent. No warranty is given by the Agent with respectto such clauses. Legal advice should be sought.(d) the Client’s failure to disclose required informationrelevant to this Appointment; or19.8 The parties agree to execution, delivery and service ofRelated Documents electronically by a method provided byDocuSign or such other agreed electronic signature serviceprovider.19.7 The parties acknowledge and agree an ElectronicDocument readily accessible via a link within a RelatedDocument is received when the Related Document isserved and will be opened when the Related Document isopened.19.6 Related Documents must be served before 5pm on abusiness day, failing which, such Related Document will bedeemed to have been served on the next business day.19.5 Related Documents given by a party’s solicitor will bedeemed to have been given by and with the authority of theparty.19.4 A Related Document sent by electronic communication willbe deemed to have been received in accordance withSection 24 of the Electronic Transactions (Queensland) Act2001.19.3 A Related Document posted shall be deemed to have beenserved, unless the contrary is shown, at the time when, bythe ordinary course of post, the Related Document would bedelivered.(e) by delivery to an alternative address provided in writingby the party, by any of the methods outlined in Clauses19.2(a) to (d) above.(d) as an electronic communication by facsimiletransmission, email or SMS text message to the partyat the appropriate electronic address as stated in thisAppointment; or(c) by posting it to the party by ordinary mail or securitymail as a letter addressed to the party at the addressas stated in this Appointment; or(b) by leaving it for the party at that party’s address asstated in this Appointment; or(a) by delivering it to the party personally; or19.2 Any Related Document, including this Appointment, to beserved on any party under this Appointment shall be inwriting and may be served on that party:19.1 The parties agree and confirm documents may be forwardedelectronically in accordance with this clause.19. Related Documents/NoticesPrinted by ADLForms

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