Commercial Terms & Conditions

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Commercial Terms and Conditions

  1. The Landlord warrants that they have authority to enter into this agreement.
  2. The Landlord warrants that they have appointed the managing agent to let and manage all or any part of the commercial premises.
  3. The Landlord warrants that the managing agent has the authority to deduct from monies held in trust or otherwise received on behalf of the Landlord, from time to time, for subscription fees payable to Protect & Collect Australasia (ABN: 44 044 213 516) hereafter referred to as “The
    Company”.
  4. The landlord hereby authorises “The Company” its successors and assigns to take recovery action including all matters incidental thereto including but not necessarily limited to:-

    1. skip trace search to locate tenant will be undertaken, as is reasonably possible, subject to details supplied by the managing Agent/Landlord.
    2. draw up the required legal process for the enforcement of residential Tribunal/Court order;
    3. attend Magistrates Court to file the required legal process for the enforcement of residential Tribunal/Court order;
    4. serve upon tenant or person liable to pay the filed legal process;
    5. draw up appropriate legal documents to obtain judgement;
    6. attend Magistrates Court to file and uplift copy of appropriate legal documents to obtain judgement;
    7. draw up and file appropriate legal documents to obtain court examination of tenants assets and liabilities and ability to pay;
    8. attend Magistrates Court and file appropriate legal documents for examination of Judgement Debtor;
    9. serve the appropriate legal documents for examination of Judgement Debtor upon tenant or person liable to pay;
    10. attend hearing at Magistrates Court of Order and Notification for Examination of Judgement Debtor;
    11. draw up appropriate legal documents to obtain Garnishee Orders;
    12. draw up appropriate legal documents to obtain Warrant;
    13. attend Court and file appropriate legal documents to obtain Warrant.
  5. Outlays
    1. The Landlord acknowledges that the whole of the outlays incurred by “The Company” in taking the steps listed in Clause 4 shall be borne by “The Company” in consideration of the payment of the subscription and the assignment of any legislative interest that may be applicable to the debt.
    2. the Landlord acknowledges that “The Company” shall recover fee and outlays incurred from the named defendant or tenant or person liable to pay the debt.
    3. the Landlord acknowledges that the outlays mentioned in Clause 4 shall be deducted from the moneys recovered by “The Company”.
    4. in the event that less than the full amount owing to the Landlord is recovered, “The Company” agrees to accept the same pro rata percentage for their claim for outlays.
    5. In the event that any litigation filed on behalf of the landlord is defended and requires a lawyer to appear on behalf of the landlord the costs associated with such appearance shall be at the expense of the landlord;
    6. “The Company” undertakes to obtain instruction from the landlord before proceeding with any action as a result of clause 5.
  6. The Company shall at all times use its reasonable endeavours to recover the whole or part of the sums due and payable by a tenant or other persons liable to pay. From time to time however the Landlord acknowledges that “The Company” shall not be liable in respect of its failure to recover the whole of the moneys due from a tenant or other person liable to pay.
  7.  The Landlord hereby authorises “The Company” to compromise, settle or otherwise discontinue actions or claims in respect of tenants or other persons liable to pay where, in the reasonable opinion of “The Company” sums as maybe due and payable by a tenant or other person liable to pay are irrecoverable at law or the cost of recovery would exceed the amount which may reasonably be expected to be recovered upon further steps being taken to recover amounts due and payable.
  8. Amounts recovered shall be paid to the managing agent, unless otherwise instructed, who shall deposit such amounts to the managing agents trust account. The issue of a trust account receipt by the managing agent to the said “The Company” in respect of the proceeds of any recovery action shall discharge “The Company” from any liability in respect of the moneys received by it.
  9. The Company shall render a statement, upon request, to the Landlord and/or the managing agent accounting for moneys received upon completion of the recovery action.
  10. The Landlord will hold and keep indemnified “The Company” against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the said “The Company” in the course of or arising out of the proper performance or exercise of any of the powers duties or authorities of the said “The Company” hereunder.
  11. The Landlord acknowledges that the managing agent shall be authorised to provide particulars for the purpose of this agreements as follows:-
    1. the full name and address of the tenant or other person liable to pay;
    2. the name and address of the employer(s) of the tenant or person liable to, pay;
    3. the telephone number and facsimile number of the tenant or the person liable to pay;
    4. the forwarding address, if any, known to the managing agent of the tenant or person liable to pay
    5. a copy of the tenancy agreement, receipts, vouchers, cheques paid or unpaid and all other documents relevant to the tenancy;
    6. a statement of amounts received by the managing agent from the tenant or person liable to be paid whether that record consists of a trust account statement or otherwise;
  12. all other information, documents or things which will assist “The Company” in recovering amounts due and payable by a tenant or other person liable to pay.
  13. Claim commencement.
    1. All commercial properties listed for protection under the “The Company” sunscription are covered for protection of rent arrears and damages from the date of commencement of this agreement.
    2. No claims prior to the commencement date are covered by “The Company”.
      13(1)All commercial properties listed for protection under “The Company” subscription are subject to the same renewal date regardless of the date of commencement;
      13(2)The landlord/agent warrants and confirms that the subscription will be
      renewed for the complete term of the lease.
  14. The renewal date is to be the date 12 months from the original commencement date of the original commencement date.
  15. The Landlord acknowledges that “The Company” is authorised to continue to act on behalf of the Landlord only while the property which has been listed with “The Company” continues to be listed for protection under “The Company”.
  16. The agent and landlord agree that in the event of a claim the debt will be assigned to “the Company” for the purpose of taking whatever action “The Company” deems necessary for the recovery of the debt.

Fees

  1. The subscription fee paid by the managing agent on behalf of the Landlord shall enable the Landlord”s commercial property to be covered under the terms of “The Company” for 12 months from the date of commencement.
  2. The subscription fee may be reviewed by “The Company” at any time and the amended prescribed fee shall only become effective from the next renewal date.
  3. The subscription fee is payable in respect of each rental property e.g. If a Landlord owns three units in a block of units one fee is payable in respect of each of the three units on an annual basis.
  4. The subscription fee may be subject to a pro rata rate.

Refunds

  1. All properties which are entitled to a refund will have that refund calculated on a monthly pro-rata basis;
  2. Each such refund shall be subject to an administration processing fee of $25.00, to be deducted from the amount of the refund to be paid;
  3. All refunds are at the discretion of “The Company”.

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T: 1300 883 916
F: 1300 883 917

For over 35 years, Barclay MIS has been innovative in the field of debt recovery. We offer a range of products and services that utilises cutting edge technology that securely recover debt in accordance with legislation.

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