Business Check Up

Lease


Things to look out for;
- Whether the rent includes GST and outgoings?
- How the Rent can be increased?
- Will you be personally guaranteeing the lease obligations?
- Is a Security Deposit sufficient to ensure no personal guarantees are given?
- Whether the premises is capable of being approved for your use (and future proposed use as business expands) by the local council via its zoning?
- Who is responsible for maintenance and repairs (in particular air-conditioners) and on what basis?
- Whether termination can be effected expeditiously if the premises is damaged (consider abatement of rent also)?
- Whether a series of options can be negotiated, which will allow your business security of tenure and increase its saleability, whilst also allowing for relocation if the business expands or contracts?
- How can the Lease be terminated? And by who?
- What you have to do/pay on termination?

Contact us to re-negotiate your Lease terms.

Terms and Conditions


Have you considered;
- What is required to increase prices?
- When am I to be paid?
- Who is guaranteeing the payment?
- Can I charge interest/administration costs on overdue payments?
- What time frames from Orders to delivery?
- Who pays for delivery?
- When does ownership in the products pass to the buyer?
- What warranties are given, or implied?
- What happens in the event of faulty product, or a dispute?
- What is the extent of my possible liability?
- Who takes on the risk associated with the products? And when?
- Who pays for insurance?

For more information click here Terms and Conditions

Contact us to update your business terms and conditions.

Employment Agreements


Are they up to date based on the new Fair Work Act and Awards?


– Are the reflective of the National Employment Standards?
– Does a modern award apply to their terms?
– Are employees “better off” under our employment agreements?
– Has the role’s duties been adequately framed?
– What performance parameters are spelt out?
– Has redundancy been considered?
– Are the Notice periods adequate?
– What parental leave obligations are covered?
– Is the correct “paperwork” in place (pay slips, employee files, work hours records, etc)
– Is there a workplace policy applicable?
– Is there an induction process?
– Is the business’ confidential information protected?
– What trade restraints are applicable to employees?

For more information click here Employment Law

Contact us to review your employment agreements and update them now

Supplier Contracts


Have you considered;


– When is payment due?
– Can prices be increased with no notice?
– Is there a minimum order or quota?
– When does ownership pass?
– Who is responsible for delivery and insurance?
– What is the time frame for delivery?
– How can I terminate the contract?
– Am I personally guaranteeing performance?
– Is the agreement exclusive in any way?

For more information click here Supplier Agreements

Contact us to discuss re-negotiating your terms.

Distribution Agreements


Do yours have clauses dealing with;


– Are there competing Products?
– Is the development of new Products considered?
– Are there provisions for Spare Parts And Accessories?
– What are the Sales, Service And Storage facility requirements?
– What is the basis for advertising and associated costs?
– What training is involved? for how long? and at whose cost?
– How can the Agreement be terminated?
– What are the Events Of Default?
– What are the terms of Purchase and Sale of Products
– How are Price changes implemented?
– What are the requirements for Packing and Delivery?

For more information click here Distribution Agreements

Contact us to consider updating clauses in your agreements

Work Health & Safety Obligations


Are you aware of;


– Are your directors and managers aware they are personally liable for acts of the company?
– What consultation steps have been implemented and documented) with your employees?
– Is there an WH&S representative, or committee, in your workplace?
– What steps have been taken to identify hazards and risks in the workplace?
– What induction and training procedures are in place for employees and managers?
– Is there adequate supervision at the workplace?
– What emergency/evacuation procedures have been documented?
– Are your record keeping processes adequate and regularly kept up to date?

Contact us to discuss compliance with your WH&S obligations

Arrange a consultation


Contact us for more information or to arrange an appointment with an experienced solicitor.

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