2. Agreement no 07.2013/5085 Page 2 of 17
CONTENTS
PARTIES
RECITALS
1. INTERPRETATION
2. DURATION AND ENGAGEMENT
3 DUTIES OF THE CONTRACTOR
4. COMPANY’S OBLIGATIONS
5. DEFECTIVE PERFORMANCE
6. FEES AND EXPENSES
7. LIABILITY AND INSURANCE
8. TERMINATION
9. NON-COMPETITION
10. CONFLICTS OF INTEREST
11. INTELLECTUAL PROPERTY RIGHTS
12. CONFIDENTIALITY
13. HEALTH & SAFETY AND ENVIRONMENT
14. TAXATION
15. FORCE MAJEURE
16. ASSIGNATION
17. GENERAL
18. NOTICES
19. GOVERNING LAW
SCHEDULE – FORM OF MEMORANDUM
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AGREEMENT FOR THE PROVISION OF PROJECT RELATED SERVICES
Parties:
(1) AGR (AUSTRALIA) PTY LTD formerly PEAK GROUP ASIA PACIFIC PTY LTD, a
company incorporated in Western Australia (ABN: 13 094 489 602) having its
Registered Office at Level 2, 16 Milligan Street, Perth, WA 6000 (hereinafter
called “Company”); and
(2) GERARD MCKAY (TFN 887157905), of residential address c/o Buru Energy
Level 2, 97 William Street, Perth WA 6000 (hereinafter called “the Contractor”).
Recitals:
(A) The Contractor is engaged in the business of providing the Services (as
hereinafter defined) and has considerable skill and knowledge in the provision of
the Services.
(B) The Company carries on the business of providing project related services to its
clients.
(C) The Company wishes to engage the Contractor to perform on its behalf (in full or
part) such project related services from time to time and the parties have agreed
that the terms of this Agreement shall apply to any such engagements.
Operative Provisions:
1. Interpretation
1.1 In this Agreement the following expressions shall have the meanings
respectively set opposite them:-
Expression Meaning
“Associated Company” means a company which is from time to time a
subsidiary or holding company of the Company
or a subsidiary (other than the Company) of a
holding company of the Company (as the
expressions "related bodies corporate" and
"subsidiaries" are defined in the Corporations
Act 2001 (Cth));
"Client" means, in relation to a Project, the client of
the Company which will receive the benefit of
the performance of the Services by the
Contractor;
"Client Contract" means the contract between the Company and
the Client in respect of which the Company has
engaged the Contractor to perform the
Services on its behalf;
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"the Commencement Date" means the date of commencement of the
services of this Agreement by the Parties;
“Fees” means the Fees to be paid by the Company to
the Contractor in consideration of the
performance of the Services;
“the Group” means the Company and/each Associated
Company of the Company (if any) for the time
being;
"Intellectual Property Rights" means any and all patents, patent
applications, know-how, trade marks, trade
marks applications, trade names, registered
design rights, copyright, database rights or
other rights similar in nature to any of the
foregoing in any part of the World;
“Memorandum” means a memorandum in relation to any
Project entered into by the Company and the
Contractor pursuant to Clause 2.5;
"Project" means a project which the Contractor is
engaged to perform by the Company pursuant
to Clause 2.2;
“the Services” means services as defined in the
Memorandum.
“the Parties” means the Company or the Group or the
Contractor.
1.2 All references in this Agreement to a statutory provision shall be construed
as including references to:-
1.2.1 any statutory modification, consolidation or re-enactment of that
provision (whether before or after the date of this Agreement) for
the time being in force;
1.2.2 all statutory instruments or orders made pursuant to that statutory
provision; and
1.2.3 any statutory provisions of which that statutory provision is a
consolidation, re-enactment or modification.
1.3 Clause headings in this Agreement are for ease of reference only and shall
not affect the construction of any provision. References to Clauses are to
clauses of this Agreement (references to sub-Clauses shall be construed
accordingly).
1.4 Words or expressions importing the masculine or neuter genders include
all genders; words or expressions importing the singular number include
the plural number and vice versa.
1.5 References to this Agreement shall include the Schedule annexed hereto.
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2. Duration and Engagement
2.1 This Agreement shall commence on the Commencement Date and, subject
to the provisions of Clause 8, shall continue until terminated by either
party giving the other party not less than the notice period in writing of its
intention to terminate as detailed in the “Schedule – Form of
Memorandum”.
2.2 During the period of this Agreement the Company may offer to engage the
Contractor to provide the Services in connection with the performance of a
project or projects. The terms of this Agreement (subject to any variations
agreed between the parties) shall regulate the engagement of the
Contractor by the Company to perform each such project as may be
accepted by the Contractor.
2.3 Subject to the terms of Clauses 9 and 10, nothing contained in this
Agreement shall:
2.3.1 require or oblige the Contractor to accept an offer by the Company
to engage it for the provision of the Services; or
2.3.2 prevent the Contractor from providing services in the nature of the
Services to any third party.
2.4 For the avoidance of doubt, the Company shall be under no obligation to
offer to engage the Contractor to provide Services and may seek to
engage third parties to provide the Services without restriction.
2.5 On each occasion where the Contractor shall have accepted an offer by the
Company in terms of Clause 2.2 the Company and the Contractor shall
complete and sign a Memorandum to record the essential scope and terms
of the specific Project in the form of the Memorandum set out in the
Schedule to this Agreement.
2.6 The parties accept that the scope of the Project as set out in the
Memorandum may require to be varied from time to time as a result of
variations to the scope of work required by the Client under the Client
Contract and the parties agree that the Company shall be entitled to vary
the scope of the Project in those circumstances.
2.7 If there is any conflict between the body of this Agreement and the
Schedule, the Agreement shall prevail.
3. Duties of the Contractor
3.1 The Contractor shall: -
3.1.1 confirm that they are a suitably qualified person and properly
skilled and experienced to perform the Project(s);
3.1.2 ensure the Project(s) are performed diligently, to high professional
standards and in a safe manner in accordance with accepted
practices in the petroleum industry and with due regard to the
protection of the environment;
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3.1.3 devote such time, attention and resources in performing a Project
as shall be required for its proper performance.
Subject to the foregoing, the Contractor shall determine and be
responsible for the method of performing the Project(s).
3.2 The Contractor shall comply with the Company's and Client's relevant
administrative, safety and other regulations and procedures in the course
of performing the Project.
3.3 The Contractor shall comply with all applicable laws, regulations and rules
relating to the performance of the Project including those laws, regulations
and rules in force from time to time at the location at which the Project is
to be performed.
3.4 Without prejudice to the generality of the above, Contractor shall comply
with the Client Substance Abuse Policies and procedures and shall comply
with any requirement of the Client to undergo professional medical
examinations and testing for alcohol and drugs. If the Contractor refuses
to submit to an examination or test, or fail to pass the alcohol or drugs
test requested by the Client, the Company reserves the right to terminate
the Agreement forthwith.
3.5 The Contractor shall allow the Company or its representatives to have
access to work (including documents and information) carried out in the
performance of a Project for inspection purposes. Such access shall be
given on demand from the Company and the Company or its
representatives shall be entitled to take copies of any documentation
relating to the Project.
3.6 The Contractor shall promptly notify the Company and the Client of any
illness or accident or unavailability for any other reason which prevents
Contractor from performing the Services.
4. Company's obligations
4.1 The Company shall provide the Contractor with a clear and precise
definition of the scope of the Project to allow the Contractor to tender for
the Project. In particular, the Company shall provide details of:
4.1.1 the minimum qualifications and experience required to complete
the Project;
4.1.3 the proposed rate to be paid to the Contractor;
4.1.4 the proposed commencement date of the Project;
4.1.5 the expected duration of the Project or a target completion date for
the Project.
4.2 The Company shall use all reasonable endeavours to provide or procure
that the Client shall provide the Contractor with all materials, data or other
information necessary for the performance of the Project.
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4.3 The Company shall use all reasonable endeavours to provide the
Contractor with such access to the Client's premises and that the Client
otherwise provides such co-operation as may be reasonably required for
the performance of the Project.
4.4 In the event that the Contractor reasonably requires access to any third
party premises or otherwise requires the co-operation of third party for
the performance of the Project, the Company shall use all reasonable
endeavours to procure such access and/or co-operation.
5. Defective performance
In the event that the Company notifies the Contractor that any work carried out
by or on behalf of the Contractor under the Project is defective the Contractor
shall remedy such defective performance to the satisfaction of the Company
within the period of time specified in the notice (which period shall require to be
reasonable having regard to the nature and extent of the defective work and the
costs, risks and third party consequences of delay in remedying the defect but
shall in no circumstances be longer than that required of the Company as main
Contractor under the relative Client Contract). Any such remedial work shall be
performed at the sole expense of the Contractor.
6. Fees and Expenses
6.1 The parties shall agree the fees for the performance of a Project or the
basis for calculating such fees in advance together with the date or times
for payment prior to the engagement of the Contractor for the
performance of such Project. The fees agreed shall be recorded in the
“Schedule – Form of Memorandum”.
6.2 Payment of fees shall be made against invoices rendered by the Contractor
as specified within the “Schedule – Form of Memorandum”. When in
relation to a specific Project fees are to be paid on completion or on a
periodic or stage basis throughout the Project that fact shall be stated in
the “Schedule – Form of Memorandum”.
6.3 Payments in respect of fees shall be exclusive of any sales, GST or similar
tax (where applicable).
6.4 In the event that the Client withholds or suspends payment to the
Company under the Client Contract on the grounds of defective
performance or any similar grounds, the Company shall be entitled to
suspend payments to the Contractor until the matter has been resolved to
the satisfaction of the Client.
6.5 Unless otherwise stated in the Memorandum, the Contractor shall not be
entitled to be reimbursed by the Company for any expenses incurred by
the Contractor in the performance of the Project(s).
7. Liability and Insurance
7.1 In the absence of Contractors own insurances the Company shall carry
Workers Compensation and Public Liability Insurance in respect of the
provision of the Services by the Contractor and Contractor shall deduct
agreed insurance costs from their invoice.
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7.2 Notwithstanding any other provision of this Agreement, neither the
Contractor nor the Company shall bear any liability under this Agreement
to the other in respect of any loss of production, loss of profits, loss of
business or any indirect or other consequential loss or damage suffered by
the other.
8. Termination
8.1 Without prejudice to any other right or remedy available to it, either party
shall have the right, by giving notice in writing to the other, to terminate
this Agreement and any contract for the performance of a Project made
hereunder summarily in either of the following events:-
8.1.1 if the other party commits a material breach of any of the terms of
this Agreement for the performance of a Project and fails to remedy
the same, within the seven (7) days of being required by the party
to do so or, in the case of defective performance by Contractor in
terms of Clause 5 of this Agreement, fails to remedy the same
within such lesser period as may be specified in any notice given
pursuant to Clause 5; or
8.1.2 if the other party is unable to pay its debts as they fall due or
enters into liquidation whether compulsorily or voluntarily or
compounds with its creditors generally or has a receiver,
administrator or similar official appointed over all or a substantial
part of its assets or enters into any voluntary arrangement within
the meaning of the Corporations Act 2001.
8.1.3 if Contractor conducts themselves in any manner which is the
reasonable opinion of the Company, brings or is likely to bring it or
them and/or Company or its Client into disrepute.
8.2 Without prejudice to any other right or remedy available to it, the
Company shall have the right, by giving notice in writing to the Contractor,
to terminate this Agreement and any contract for the performance of a
Project made hereunder, with immediate effect, in the event of the
termination of the Client Contract or the Client notifies the Company that
it does not wish the Contractor to perform services under the Client
Contract for whatever reason.
8.3 Immediately following the termination of this Agreement the Contractor
shall deliver up to the Company all records, documents and equipment
belonging to the Company or its clients in the possession of the Contractor
at such time.
8.4 The termination of this Agreement shall be without prejudice to the
accrued rights of the parties arising under this Agreement or any contract
for the performance of a Project as at the date of termination.
9. Non-Competition
9.1 Since the Contractor is likely to obtain in the course of this Agreement and
the performance of the Projects knowledge of trade secrets, designs,
design improvements, know-how, techniques, methods, lists and other
confidential information relating to the Group and its Clients, the
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Contractor hereby agrees that in addition to the restrictions contained in
Clause 12 of this Agreement it shall not:
9.1.1 at any time following the date of termination of this
Agreement howsoever terminated (the "Termination Date"),
represent himself as being in any way connected with or
interested in any of the businesses of the Company or any
Group Company or the Client;
9.1.2 during the continuance of this Agreement and at any time
during the period of six (6) months after the Termination
Date, whether alone or jointly with or as a principal,
partner, director, agent, employee or consultant of any
other person, firm, company or organisation solicit or entice
away or endeavour to solicit or entice away any employee or
contractor of the Company or any other Group Company
who was engaged in an area of business the same or
substantially similar to that in which the Contractor was
engaged by the Company at any time during the
immediately preceding twelve (12) month period;
9.1.3. during the performance of a Project and at any time during
the period of six (6) months following the completion of a
Project, whether alone or jointly with or as a principal,
partner, director, agent, employee or consultant of any
other person, firm, company or organisation provide
services the same as or substantially similar to the Services
to any person, firm, company or organisation who or which
is or has been a client of the Company or a Group Company
and with whom the Contractor has dealt in the performance
of a Project.;
9.2 Each undertaking and agreement contained in Clause 9.1 shall be read and
construed independently of the other undertakings and agreements herein
contained and, if any undertaking or agreement is held to be invalid,
whether as an unreasonable restraint of trade or for any other reason, the
remaining undertakings and agreements shall continue to apply, to the
extent that they shall not also be found to be invalid, and the parties
agree that such modification shall be made to the undertaking or
agreement which is held to be invalid as is necessary to make it valid.
10. Conflicts of Interest
10.1 The Contractor hereby undertakes with the Company at all times to
perform its obligations hereunder with the utmost good faith and not
knowingly or wilfully to do or omit to do anything during the continuance
of this Agreement whereby a conflict may arise between the interest of the
Group and the interests of the Contractor.
10.2 The Contractor shall (whether before or after termination of this
Agreement) not make or cause or permit to be made any untrue or
misleading statement in relation to the Group or, in particular, after
determination of this Agreement represent or cause or permit any
representation to be made that the Contractor is in any way connected
with the Group.
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11. Intellectual Property Rights
11.1 Any Intellectual Property Rights in any works, designs or others originated,
conceived, written or made by the Contractor in the course of performance
of a Project shall promptly be disclosed in writing to the Company and
shall be or become and remain the exclusive property of the Company in
accordance with sub-Clause 11.3.
11.2 The Contractor shall waive his respective moral rights under the Copyright
Act (or any analogous rights in any other part of the World) in respect of
any copyright works to which the provisions of sub-Clause 11.1 apply.
11.3 The Contractor shall at the request and expense of the Company, execute
all such documents and do all such acts and things as may be necessary
or requisite for the purpose of substantiating or perfecting the rights of the
Company under this Clause 11.
11.4 The Contractor warrants to the Company that it shall not infringe the
Intellectual Property Rights of any third party in the performance of a
Project and shall indemnify the Company and keep the Company
indemnified against all costs, liabilities, expenses, damages or other
losses arising from or connected with any claim made or threatened by a
third party against the Company or its clients alleging that the Contractor
has infringed that third party's Intellectual Property Rights in the
performance of a Project.
12. Confidentiality
12.1 The Contractor undertakes that it shall not either during or after the
termination of this Agreement without limit in point of time divulge or
communicate or cause or permit to be divulged or communicated whether
directly or indirectly to any person or persons (except to those employees
and officers of the Group whose province it is to know the same) or use for
their own purposes or for any purposes other than those of the Group any
secret or confidential information obtained by the Contractor or its
personnel in the performance of any Project(s):-
12.1.1 relating to the businesses or the trading or financial affairs
of the Group or its clients or customers; or
12.1.2 relating to or in any way connected with or arising out of
any work, operation, transaction or other business carried
out or proposed to be carried out by or on behalf of the
Group or its clients or customers or relating to any process
or invention which is or may be carried on or used by the
Group or its clients or customers; or
12.1.3 which the Group has obtained from any third party on terms
restricting its disclosure or use, but so that these restrictions
shall not apply where any disclosure of information is
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required by law or in relation to the disclosure of any
information or knowledge which may come into the public
domain (otherwise than through the default of the
Contractor).
12.2 The Contractor shall upon receipt of a request from the Company
immediately return to the Company all documents and papers containing
any secret or confidential information referred to in Clause 12.1 and expunge
all such information from any computer, word processor or other device
containing it and confirm compliance with the above in writing to the
Company.
13. Health & Safety and Environment
The Contractor undertakes to the Company that in performing the Project(s) it
shall comply with the requirements of any relevant health and safety and
environmental legislation and regulations and shall meet the costs of any
compulsory training programmes, compulsory medical surveillance programmes
and personal protective equipment which may be required under such legislation
and regulations. The Contractor's records of such programmes shall be made
available for inspection to the Company or its Client or their representatives on
request.
14. Taxation
14.1 The Contractor warrants and represents to the Company that it is an
independent contractor.
14.2 The Company shall make appropriate withholdings for taxation and
superannuation contributions from the remuneration it pays to Contractor.
14.3 The Contractor acknowledges and agrees Contractor shall not be and
should not be treated as an employee of the Company, the Group or its
Client for any purpose whatsoever.
14.4 The Contractor warrants to the Company that by entering into this
agreement and performing the Service, they are not in breach of any
contract or other obligation.
14.5 The Contractor shall have no authority to commit the Company, the Group
or its Client to any legally binding commitments or contracts or to
interfere in the running of its affairs or business.
15. Force Majeure
Neither party shall be in breach of this Agreement or their respective obligations to
perform a Project if there is any total or partial failure of performance by it of its
duties and obligations occasioned by any act of God, fire, act of government or
state, war, civil commotion, insurrection, embargo, prevention from or hindrance in
obtaining any raw materials, energy or other supplies, labour disputes of whatever
nature and any other reason beyond the control of either party. If either party is
unable to perform its duties and obligations under this Agreement or in respect of a
Project as a direct result of the effect of one of those reasons, that party shall give
written notice to the other of the inability which sets out full details of the reason in
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question. The operation of this Agreement and/or performance of the Project shall
be suspended during the period (and only during the period) in which the reason
continues. Forthwith upon the reason ceasing to exist, the party relying upon it shall
give written advice to the other of this fact. If the reason continues for a period of
more than ninety (90) days and substantially affects the commercial intention of
this Agreement, the party not claiming relief under this clause 17 shall have the
right to terminate this Agreement or the Project upon giving written notice of such
termination to the other party.
16. Assignation
16.1 The Contractor shall not be entitled to assign or otherwise transfer any
interest under this Agreement or a contract for the performance of a
Project without the prior written consent of the Company.
16.2 This Agreement and any contract for the performance of a Project shall be
binding on the successors and permitted assignees of the parties.
17. General
17.1 This Agreement comprises the entire agreement and understanding of the
parties in relation to the subject matter hereof and supersedes all prior
agreements, arrangements and understandings between the parties
relating to the subject matter of this Agreement.
17.2 No failure or delay by either party hereto to exercise any right or power
hereunder shall operate as a waiver thereof nor shall any partial exercise
preclude any other or further exercise of any other right.
17.3 Any variations, modifications or amendments to this Agreement shall be
made in writing and executed on behalf of the parties and no other
variations, modifications or amendments shall be effective.
17.4 If any provision or term of this Agreement or any part thereof shall become
or be declared illegal, invalid or unenforceable for any reason whatsoever,
such terms or provisions shall be divisible from this Agreement and shall be
deemed to be deleted from this Agreement provided always that, if any such
deletion substantially affects or alters the commercial basis of this
Agreement, the parties shall negotiate in good faith to amend and modify
the provisions and terms of this Agreement as may be necessary or
desirable in the circumstances.
18. Notices
18.1 Notices may be given by the parties by letter or facsimile message ("fax").
18.2 Any notice given under this Agreement or a contract for the performance
of a Project shall be properly served if deposited or sent by first class pre-
paid recorded delivery post addressed to the Company or the Contractor
(as the case may be) at the following addresses (or such other address as
may be notified by one party to the other from time to time) or sent by
fax to the Company or the Contractor (as the case may be) to the
following numbers (or such other numbers as may be notified by one party
to the other from time to time):
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18.2.1 to the Company:
Level 2, 16 Milligan Street
Perth
WA 6000
Marked for the attention of: Consultancy Manager
Fax No: +61 8 9360 4099
18.2.2 to the Contractor:
c/o Buru Energy
Level 2,
97 William Street,
Perth WA 6000
Marked for the Attention of: Gerard McKay
Email: gerry.mckay@hotmail.com
18.3 In the case of service by post, the date of service shall be the business
day following the date of posting and in order to prove such service it shall
be sufficient to show that the envelope containing the same was properly
addressed, stamped and put into the post office to be sent by first class
mail. In the case of notices given by fax or by personal delivery, the date
of service shall be the date when the notice is sent or delivered except
where sent or delivered outside business hours of the place to which it has
been sent or the place where the notice is delivered, in which case the
notice shall be deemed to have been given at the next commencement of
business hours thereafter. For this purpose “business hours” means hours
between 09.00 hours and 17.00 hours on a day which is not a Saturday or
Sunday or a local or national public holiday in the place to which the notice
is sent or at which it is delivered.
19. Governing Law
This Agreement and any contract for the performance of a Project shall in all
respects be governed by and construed in accordance with the Laws of Australia
and the parties hereby prorogate to the non-exclusive jurisdiction of the
Australian Courts to which the parties hereby irrevocably submit.
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IN WITNESS WHEREOF these present consisting of this and the preceding thirteen
(13) pages, together with the schedule annexed, are executed as follows:
For and on behalf of:
AGR (Australia) Pty Ltd
Signed:
Name: Thomas Terris
Title: Consultancy Manager
Date:
For and on behalf of:
Gerard McKay
Signed:
Name: Gerard McKay
Title:
Date:
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SCHEDULE
Form of Memorandum
MEMORANDUM between AGR (Australia) Pty Ltd formerly Peak Group Asia Pacific Pty
Ltd and Gerard McKay dated 29th
July 2013.
This Memorandum is to record the principal commercial terms of a Project to be
undertaken by Gerard McKay on behalf of AGR (Australia) Pty Ltd pursuant to an
Agreement for the Provision of Project Related Services between them dated 29th
July
2013 ("the Agreement") containing general terms and conditions applicable to all such
projects and which shall be deemed to be incorporated by reference into this
Memorandum.
Project Definition
· The Client is: Buru Energy a company incorporated in Australia, whose registered
office is at Level 2, 97 William Street, Perth WA 6000
· The Services and Project details are: Provision of Consulting Drilling Engineering
Services while working on the Client’s Canning Basin project, located in
Perth/Australia (onshore).
· Day Rated tasks to be performed: Senior Drilling Engineer
· The effective start date shall be approximately 5th
August 2013 and shall continue
in full force and effect to approximately 4th
February 2014 unless terminated
earlier by either party giving the other party not less than thirty (30) days notice in
writing of its intention to terminate.
· The services shall be provided at the time and location most appropriate to the
satisfactory discharge of the obligations arising from this Agreement.
· Contractor’s staff and subcontractors shall hold, maintain and provide copies of the
following certificates, if required:
Ø OPITO Approved Offshore Survival Course
Ø International Well Control Course
Ø Recognised Certificate of Fitness for Offshore Work
Ø Other Professional Body Programs as required
16. Agreement no 07.2013/5085 Page 16 of 17
Project Compensation
· Goods to be supplied shall be charged at: N/A
· Lump sum tasks to be performed shall be charged at: N/A
· Day Rated tasks to be performed onshore whilst taking Company’s Liability
Insurance shall be charged at a rate of: AUD$1830.66
(One thousand eight hundred and thirty Australian Dollars and sixty six cents).
The rate of AUD$1,830.66 is calculated as shown below:
Item
Deductions Day Rate
Gross Day Rate AUD 2,000.00
Deductions:
Public Liability Insurance
(Onshore rate @ 0.125%)
0
Superannuation 9.25%
169.34
Revised Gross Rate AUD 1,830.66
· PAYG applies to the Revised Gross Day Rate above.
· Contractor’s travelling time to/from onshore duties whilst taking Company’s
Liability Insurance shall be paid at standard day rate if required to travel on International
company business.
· Business expenses shall be reimbursed at cost on receipt of appropriate supporting
documentation. The Contractor shall not incur expenses without the written
agreement of the Client.
· Accommodation shall be provided for 14 nights (4th
August 2013 – 18th
August 2013)
by the client.
· Initial economy class flight will be provided by the client from Brisbane to Perth if
required.
· Contractor shall invoice Company following the end of each month giving details of:
Ø Goods supplied
Ø Tasks completed
Ø Time worked supported by an approved timesheet
Ø Time travelled supported by an approved timesheet
Ø Expenses incurred supported by an approved expense claim form and
receipts
Ø Bonuses and incentives due
within that month.
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· Contractor is required to submit separate invoices for expenses (if applicable) and
days worked (including travel days if applicable).
· The Contractor shall submit its invoices and supporting documents to the Company’s
Perth Office by the third (3rd
) business day of each month for the services provided
by the Contractor during the preceding month, and not included on previous invoices.
· Company shall pay Contractor within thirty (30) days of the receipt of a Tax Invoice,
together with supporting documentation, as detailed above. Any amounts not validly
supported shall not become payable until Company have received the appropriate
documentation.
· Payment of Contractor’s invoices is subject to execution of the contract agreement,
and Contractor providing Company with all certificates and documents requested.
Form of Memorandum executed as follows:
For and on behalf of:
AGR (Australia) Pty Ltd
Signed:
Name: Thomas Terris
Title: Consultancy Manager
Date:
For and on behalf of:
Gerard McKay
Signed:
Name: Gerard McKay
Title:
Date: