Yarra Valley Labour Hire
1. Definitions and interpretation
In this Agreement
Amended Quote means a quote that is amended by the Services Provider in accordance with clause 4.4.
Australian Consumer Law means Div I of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010.
Business Day means a day which is not a Saturday, Sunday, public holiday or bank holiday in Victoria.
Claims means any and all legal proceedings, actions, suits, causes of action, proceedings, claims, accounts, fines, demands, debts due, costs payable and expenses whether or not currently known or made and whether or not presently in existence.
Client means the client that is specified in the Quote or if applicable in any Amended Quote, and any other written Agreement between the Services Provider and the Client between the Services Provider and the Client, to whom the Services Provider renders the Services.
Commencement Date means the date that is agreed to be the Commencement Date between the Services Provider and the Client or the date that the Services Provider commences rendering Services to the Client, whichever is earlier.
Completion Date means the date that is agreed to be the Completion Date between the Client and the Services Provider.
Controller has the meaning given in the Corporations Act.
Corporations Act means the Corporations Act 2001 Cth.
Expenses and Disbursements means the expenses and disbursements that are referred to in the Quote or if applicable in any Amended Quote.
Fees means the fees that are referred to in the Quote or if applicable in any Amended Quote.
GST means the tax imposed by the A New Tax System Goods and Services Tax Act 1999 and related tax imposition Acts of the Commonwealth of Australia.
Insolvent means, in relation to any party
if a corporation
- it is unable to pay its debts when they fall due
- it is or states that it is an insolvent under administration or insolvent each as defined in the Corporations Act
- it is in liquidation, in provisional liquidation, under administration or wound up or has had a Controller appointed to its property
- it is subject to any arrangement, assignment, moratorium or composition, protected from creditors under any law or dissolved in each case, other than to carry out a reconstruction or amalgamation while solvent on terms approved by the Services Provider
- an application or order has been made and, in the case of an application, it is not stayed, withdrawn or dismissed within 5 Business Days, a resolution is passed, proposal put forward, or any other action taken, in each case relating to that person, which is preparatory to or could result in any of the events described in sub-clauses above
- it is taken under section 459F of the Corporations Act to have failed to comply with a statutory demand
- it is the subject of an event described in section 459C or section 585 of the Corporations Act
- it takes any steps or omits to take any steps or ASIC takes steps that result in or will result in the corporation being deregistered as that term is defined in the Corporations Act
- any expropriation, attachment, sequestration, distress or execution affects any assets of the corporation or
- anything analogous or having a substantially similar effect to any of the events described above happens relating to that corporation under the law of any applicable jurisdiction or
if a natural person
- anything analogous or having a substantially similar effect to any of the events described above happens relating to that corporation under the law of any applicable jurisdiction
- the person authorises a registered trustee or lawyer to call a meeting of their creditors or proposes or enters into a deed of assignment or deed of arrangement or a composition with any of their creditors
- a person holding a Security Interest in assets of the person enters into possession of or takes control of any of those assets or takes any steps to enter into possession of or take control of any of those assets
- the person commits an act of bankruptcy or
- anything analogous or having a substantially similar effect to any of the events described above happens relating to that person under the law of any applicable jurisdiction.
Interest means any right or interest of any nature, including any and all rights, benefits and privileges which the holder of such a right or interest may be entitled.
Losses includes but is not limited to, costs including party to party legal costs and the Services Provider’s legal costs on an indemnity basis, expenses, lost profits, award of damages, personal injury and property damage.
Materials means all materials to be supplied by the Services Provider to the Client during the course of rendering the Services.
Outstanding Amount means the following amounts owing to the Services Provider by the Client in respect of the Services
all Expenses and Disbursements
all other amounts of any other nature that are payable to the Services Provider by the Client pursuant to, or out of and in connection with, this Agreement.
Payment means payment by the Client to the Services Provider of all Outstanding Amounts owing to the Services Provider in accordance with this Agreement.
Quote means a quote issued by the Services Provider to the Client in accordance with clause 4.
Security Interest means any
security interest under section 12 1 or 2 of the Personal Property and Securities Act 2009 or security for payment of money, performance of obligations or protection against default including a mortgage, bill of sale, charge, lien, pledge, trust, power of title retention arrangement, right of sell-off, assignment of income, garnishee order or monetary claim and flawed deposit arrangements and
thing or preferential interest or arrangement of any kind giving a person priority or preference over claims of other persons or creditors with respect to any property or asset.
Services means any services which the Services Provider agrees to render to the Client.
Services Provider means Yarra Valley Labour Hire Pty Ltd ACN 152 825 833 of 870 Steels Creek Road, Steels Creek VICTORIA 3775.
Services Request means a request by the Client that the Services Provider render the Services to it, made in accordance with clause 5.
Site means the property referred to as the Site in the Quote or if applicable in any Amended Quote.
Tax Invoice means a tax invoice rendered by the Services Provider to the Client for any Outstanding Amount in respect of the Services.