I also have great objection to clause 6 of the SCA standard agreement, particularly the provisions which (a) limit the agent’s liabilty to the amount of the agreed service fee for the year in which the liabilty was incurred and (b) state that no claim at all can be made against the agent after the date being two years after the agreement terminated.
Two agents I dealt with last year agreed to alter the clause to the (less objectionable) form it was in prior to the 2016 Version of the agreement but the agent who has made a submission for our business this year has refused to amend the agreement on the basis that he “can’t make changes to the agreement as that would be a breach of our licence agreement with the SCA”. This sounds like a variation on the breach of copyright argument referred to in Post 1.
I agree with Jimmy that this argument is self-serving BS and I think the clause is unfair and a breach of the Australian Consumer Law.
Does anyone know whether it’s been tested before the ACCC?