Appointment of Agent and Recovery Agreement
The parties to this agreement are:
- of (Customer) or (You)
- Cosgrove Smash Repairs Pty. Ltd. (ABN 73 149 805 112) of (Repairer)
Definitions
Terms capitalised throughout this Appointment of Agent and Recovery Agreement (the Agreement) are defined as follows:
"At Fault Party" means any person or entity responsible, including vicariously, for the Collision and the resulting Charges.
"Charges" means any amount you owe the Repairer or a Related Entity of the Repairer arising out of the Collision.
"Collision" means the motor vehicle collision involving your Vehicle.
"Insurer" means any person or entity that has agreed to, or may be called upon to, indemnify any person or entity, including you, for the Charges, or any part thereof.
"Recovery Claim" means a claim for the recovery of the Charges from the At Fault Party or Insurer.
"Recovery Firm" means the law firm or mercantile recovery agent the Repairer selects and instructs to prosecute the Recovery Claim on your behalf under clause 3 of the Agreement.
"Related Entity" has the meaning given in the Corporations Act 2001 (Cth).
"Vehicle" means your motor vehicle damaged in the Collision.
Recovery Claim
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You are liable to the Repairer for the Charges.
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Subject to clauses 10 and 11 of the Agreement, the Repairer will not request payment of the Charges from you while the Recovery Claim is ongoing.
Our Agency
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You appoint the Repairer as your agent to select and instruct a Recovery Firm to pursue the Recovery Claim on your behalf under the terms outlined below. You also give your consent for the Repairer to share your personal and Collision details with the Recovery Firm.
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You authorise the Repairer to provide any instructions the Recovery Firm requires in connection with the Recovery Claim, including:
(a) subject to clause 5 of the Agreement, negotiating the terms, conditions and costs upon which the Recovery Firm will pursue the Recovery Claim;
(b) providing instructions to the Recovery Firm to negotiate with the At Fault Party or Insurer regarding liability for the Collision and the quantum of the Charges;
(c) subject to clauses 6 of the Agreement, providing instructions to the Recovery Firm to settle the Recovery Claim on terms and for an amount the Repairer considers to be reasonable; and
(d) receiving any notices or bills required to be sent to you by the Recovery Firm, and providing any instructions necessary for the receipt, deposit, transfer, or transit of any proceeds from the Recovery Claim, including any interest or legal costs recovered.
Costs of the Recovery Claim
- The Recovery Firm's costs of pursuing the Recovery Claim will be paid from the proceeds of the Recovery Claim, including any interest or legal costs recovered. Should these costs exceed the proceeds, the Repairer will pay the shortfall.
Payment and Indemnity
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If the Repairer provides instructions to the Recovery Firm to settle the Recovery Claim under clause 4(c) of the Agreement, the Repairer will:
(a) accept any amount recovered from the At Fault Party or Insurer (including any interest or legal costs recovered) in full satisfaction of the Charges; and
(b) release you from any further liability for the Charges.
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Provided you do not breach clause 9, the Repairer will indemnify you in respect to any adverse costs orders that may be made against you in legal proceedings to recover the Charges.
Your Promises and Obligations
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You confirm that you have provided the Repairer with all relevant information and that this information is accurate in every detail. You acknowledge that the Repairer has relied upon the accuracy of this information in agreeing to accept the obligations in clauses 2, 5, 6, and 7 of the Agreement.
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You agree that you will co-operate with the Repairer and the Recovery Firm and do all things reasonably required to support the Recovery Claim. This includes providing and signing witness statements or affidavits, appearing in court to give evidence, and providing any information or documents necessary for pursuing the Recovery Claim.
Termination
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The Repairer may terminate the Agreement if you breach your promises or obligations under clauses 8 or 9 of the Agreement, or if the Charges cannot be recovered from the At-Fault Party or Insurer.
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If the Repairer terminates the Agreement, you must pay the Charges to the Repairer within 7 days.