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October 22, 2018 Blog

Unfair Contracts

How to Protect Your Business From Unfair Contract
There are laws in place in Australia to protect small businesses from unfair contract terms. The result of these laws are that small businesses are better protected, and there are now genuine consequences for any business that seeks to use unfair terms to gain the upper hand.
The Australian Competition and Consumer Commission (ACCC) has been heavily investigating unfair contract terms and widely recognised businesses, such as Uber, Ashley & Martin and Lendlease, have all been affected.

In the following article we will look at the types of contracts that are protected by this legislation.

Which Types Of Contracts Are Affected By The Legislation?
The latest unfair contract terms legislation is relevant to both ‘small business contracts’ and ‘standard form contracts’. Below we have prepared some bullet points to help you determine whether a contract is either of these types.
Small business contracts must meet the following criteria:
• the contract is for the supply of goods or services, or the sale of land; and
• at least one of the parties is a small business (being a business that employs fewer than 20 people, including regular casual employees); and
• the upfront price payable under the contract does not exceed either:
– $300,000; OR
– if the contract has a duration of more than 12 months, $1,000,000.

Standard form contracts are defined by a disparity in negotiating power. One party offers the other party a ‘take it or leave it’ deal. Examples of this type of contract include membership contracts and vehicle rental agreements. Courts determine whether a contract is ‘standard form’ in the following ways:
• if one of the parties has all or most of the bargaining power;
• if the contract was prepared by one party before any discussion regarding the contract had taken place between the parties;
• if the terms of the contract are generalised or take into account the specific characteristics of the parties.
In order for the new legislation to be applied, a contract must be both a small business contract and a standard form contract.
A hypothetical example might be if a 12 month contract was prepared by a larger company demanding a small business pay $1 million by the end of the contract. If this is unreasonable, a small business might be able to argue that the contract terms were inherently unfair.

What terms are considered ‘unfair’ in a contract?
If you are a business that likes to offer ‘tough love’ contracts you may wish to review your contracts to make sure there are no grounds for the ACCC to charge you for unfair contract terms. Some terms that may be considered unfair might be charging customers for services without providing those services, or increasing the price of services without informing the client.
Furthermore, if you feel that you are being victimised by an unfair contract based on the above, it is important to seek further advice.

Contracts (Unfair Contract) and Insurance can be a confusing area of insurance. Speak with your insurance adviser if you have any queries about what you are covered for.

Contact Dawson Insurance today for a review of your current Insurance program and Unfair Contract.
0418100351 or brad@dawsonins.com.au

Brad Dawson NIBA (Assoc)
BPD Pty Ltd T/As Dawson Insurance
PO Box 846 Tweed Heads NSW 2485
Level 2, The Professional Centre, 133 Wharf Street, TWEED HEADS NSW 2485
0418 100 351 | (07) 5506 5050
brad@dawsonins.com.au www.dawsonins.com.au
ABN: 27 159 041 399 Authorised Representative No: 424348
Authorised Representative of PSC Connect Pty Ltd T/As PSC Connect Insurance Broking Services ABN 23 141 574 914 AFS License No 344 648

DISCLAIMER
Conditions apply for each policy and the information expected from you for a policy to trigger. Coverage may differ based on specific clauses in individual policies. Please ask your broker to explain the additional benefits and exclusions pertaining to your policy.
The information provided is general advice only and does not take account of your personal circumstances or needs. Please refer to our financial services guide which contains details of our services and how we are remunerated.

Ref: https://www.pscconnect.com.au/how-to-protect-your-business-from-unfair-contracts/
How to Protect Your Business From Unfair Contract

Unfair Contract
Unfair Contract
Unfair Contract
Unfair Contract

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October 18, 2018 Blog

FaultyWorkmanship

Is my Business Covered for Faulty Workmanship?
Insurance policies are full of terms and jargon that can be difficult for business owners to understand and apply to their own real-life situation. These terms can often be vital parts of policies that determine whether you are covered in the event of a claim or not.‘Faulty Workmanship’ is one of these terms. Tradesmen across Australia are often left wondering whether they are covered for Faulty Workmanship under their Public Liability policy.
It’s important to note that claims for public liability, especially those involving faulty workmanship, are all judged on the specific circumstances and will be reviewed by the insurer on a case-by-case basis. While we cannot tell you which specific claims would be covered and which wouldn’t, below is a guide to the fundamentals of Faulty Workmanship and Tradesman Insurance.

What is Faulty Workmanship?
While tradesmen take every precaution to complete each job to a high standard, mistakes are a reality of life.
Repairing defective work is going to be necessary for every tradesman at some point. But if that defective work results in property damage or personal injury to another person, this becomes more complicated. If you are found to be liable for damage or injury to a 3rd party, costs can add up quickly – and can be high enough to cause bankruptcy. As such, it is vital that tradesmen have appropriate insurance in place to protect their business and personal finances.

Is Faulty Workmanship Covered Under Public Liability Insurance?
Certain aspects of faulty workmanship will be covered under a tradesman’s Public Liability Insurance policy. Again, each case is different, but in general terms, costs incurred as a result of property damage or personal injury caused by faulty workmanship will be covered.
Most Public Liability policies will not cover the costs associated with rectifying the faulty workmanship, regardless of whether this work is taken out by your own or another business.

Minimising Your Risk of a Faulty Workmanship Claim
While mistakes are inevitable, there are certain precautions you can take as a tradesman to help you preserve your reputation and your business, such as:
• Be clear with your customers from the start about the scope of work you are completing
• Be sure to communicate and document any changes that occur throughout the completion of a project
• Upon completion, verify with the customer that work has been completed to their satisfaction
• If there are any disputes, try to work together with your customer to address them appropriately. Consider options such as refund, repair or replacement.
• Notify your insurance advisor if you have a loss
• Know the terms of your insurance policy. Contact your insurance agent if you have questions regarding your coverage you have.

Faulty workmanship and defective work can be a confusing area of insurance. Speak with your insurance adviser if you have any queries about what you are covered for.

Contact Dawson Insurance today for a review of your current Insurance program.
0418100351 or brad@dawsonins.com.au

Brad Dawson NIBA (Assoc)
BPD Pty Ltd T/As Dawson Insurance
PO Box 846 Tweed Heads NSW 2485
Level 2, The Professional Centre, 133 Wharf Street, TWEED HEADS NSW 2485
0418 100 351 | (07) 5506 5050
brad@dawsonins.com.au www.dawsonins.com.au
ABN: 27 159 041 399 Authorised Representative No: 424348
Authorised Representative of PSC Connect Pty Ltd T/As PSC Connect Insurance Broking Services ABN 23 141 574 914 AFS License No 344 648

DISCLAIMER
Conditions apply for each policy and the information expected from you for a policy to trigger. Coverage may differ based on specific clauses in individual policies. Please ask your broker to explain the additional benefits and exclusions pertaining to your policy.
The information provided is general advice only and does not take account of your personal circumstances or needs. Please refer to our financial services guide which contains details of our services and how we are remunerated.

Ref: https://www.pscconnect.com.au/business-covered-faulty-workmanship/
Faulty Workmanship covered your business

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October 8, 2018 Blog , Uncategorized

Would YOUR Business survive a Disaster?

Get Ready Business

Having met with numerous Business Owners and Managers over the years, it has occurred to me that each new Client we meet with, mostly aren’t prepared for some form of Disaster.

How is this the position that Australian Businesses are in?
Are businesses relying on their Insurer/Product Provider to explain these non-avoidable potential disasters?
Are businesses using a qualified Insurance Adviser/Broker?

Who’s responsibility is it to explain these potential issues and risks, and how to best prepare yourself should a disaster be unavoidable.
What’s Happened…? Lets take a look…

Unfortunately, various Insurers have done their best to “Flood” (see what I did there) their relevant “Scare Tactic” type of Advertising directly to our TV’s. This has likely only confused the matter, due to the fact that in Australia now there are over 60 Underwriting Agencies and Insurers that provide Business Insurance Policies. With this number of Policies, how is a busy Business Owner supposed to know which one to take? I guess it’s possible to spend the time researching the right one, but it’s not financially time-wise, nor is it particularly business savvy to try and save a few dollars per year, whilst wasting many hours and still being unsure as to the effectiveness of the Policy selected.

Whats the good news? Well, some of this can be avoided by taking a few moments, and betting preparing yourself and your staff ahead of time. This can be done via Disaster Plan.

Fortunately, the NSW Government has kindly provided a Free Disaster plan for my business document specifically for business owners, to help prepare them for Disasters and the like.

It even includes a five-step plan, a tool that guides a business through disaster preparation:

Five-Step Plan

We have included the entire document below:

Free Disaster plan for my business. Five-step plan, a Free tool that guides a business through disaster preparation.
–> NSW Get-ready-disaster-tool-brochure

It is, however an Insurance Broker/Adviser’s Role to help provide you with such resources to help your business survive. Not just Insurance options.

An Insurance Adviser would usually collect the details of your business and its operations, then use this to source Options for you from the hundreds of Insurers we have access to.
Your Insurance Adviser does most of the work for you, and lets you get on with helping your own Clients, whilst you grow your business.
Contact Dawson Insurance today for your Business Risk and Insurance Advice. 0418100351 or brad@dawsonins.com.au

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Brad Dawson NIBA (Assoc)

BPD Pty Ltd T/As Dawson Insurance
PO Box 846 Tweed Heads NSW 2485
Level 2, The Professional Centre, 133 Wharf Street, TWEED HEADS NSW 2485
0418 100 351 | (07) 5506 5050
brad@dawsonins.com.au www.dawsonins.com.au
ABN: 27 159 041 399 Authorised Representative No: 424348
Authorised Representative of PSC Connect Pty Ltd T/As PSC Connect Insurance Broking Services ABN 23 141 574 914 AFS License No 344 648

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September 28, 2018 Blog

Are Personal Trainers Covered Adequately?

Kettlebells
Kettlebells

Having met with numerous Gym Owners, Managers, and Personal Trainers recently, it has occurred to me that most Gym Managers/Owners and their PT’s aren’t aware what Insurance Policy they currently hold.
How could this have happened?
Have Insurers not explained the various covers provided by their specific Product/s?
Has the Fitness Industry Associations or Federations not explained what types of covers should be taken?
What has Happened…?
Lets find out…

In Australia now there are over 40 Underwriting Agencies and Insurers that provide Professional Indemnity and Public Liability Insurance Policies. With this number of Policies, how is a busy Gym Manager or Personal Trainer supposed to know which one to take? I guess it’s possible to spend the time researching the right one, but it’s not financially time-wise, nor is it particularly business savvy to try and save a few dollars per year, whilst wasting many hours and still being unsure as to the effectiveness of the Policy selected.

Recently, our office interviewed some well respected industry leaders.
Following these interviews, we have discovered some interesting info about certain Australian fitness training organisations and their Students.
According to these industry leaders, they have reported that once the students of certain Fitness Training Organisations have completed their education or course (say Cert 3 or Cert 4), not only are they steered to a specific Insurer’s Policy Product, but are also held at ransom to take these “mandatory” Products prior to being given access to their Certificate of completion.
Do you see a problem here?
The problem we identified here is that while these newly educated PT are commendably eager, and excited about starting their own business or helping people change their bodies, they are unfortunately a bit un-savvy to Business, Insurance and what is actually required to protect them, their clients and their Gym Employer.

Clearly, this is something specific to just a few Australian Training organisations, however it starts the new Personal Trainer immediately on the wrong foot for their Insurances.

We have provided a checklists below to help new Personal Trainers as they enter into the Industry:

• Find knowledgeable and helpful Business connections eg, Insurance Broker/Adviser, Accountant, Solicitor etc.
For the record, people often assume the services of the above industries is expensive. They aren’t.

• Find a Mentor or Mentors
1. Find someone who you believe would be a good Mentor for you and your Business
2. Once you have found this person, get to know them
3. Confirm that you and your Mentor are a good fit
4. Ensure this person does not have strong “ties” to your Business
5. Express genuine interest in what they have to say
6. Work constantly on being someone WORTH mentoring
7. Never Pay for a Mentor
8. Have something to offer back – Don’t take this person’s generosity for granted
9. Take your Mentor’s advise with a grain of salt
10. Be clear to your Mentor about your expectations and your end goal

Just FYI, when researching the Fitness Industry, we found numerous podcasts from industry leaders (some helpful and some just revenue raising). A great and helpful Podcast we found is called the PT Performance Podcast (22 Episodes recorded at the time this was written).
They are three blokes located on the Gold Coast, all Qualified Trainers, and all very different guys. These “MeatHeads” (how they affectionately refer to each other) work in different parts of the Fitness and Health industry, and produce free content each week, just in the service for the Industry.
Its actually refreshing to find a Podcast in the Fitness and Health industry specifically built and maintained to help Personal Trainers be better and get better results for their Clients, with no hidden agenda. Link to their Podcast here: https://www.youtube.com/channel/UCzvU5rrHMNRVhirYwU31JLA

It’s an Insurance Broker/Adviser’s Role to provide you with Insurance options for whatever business you have, including the Personal Training and Health/Fitness industry. An Insurance Adviser would usually collect the details of your business and its operations, then use this to source Options for you from the hundreds of Insurers we have access to. Your Insurance Adviser does all of the work for you, and lets you get on with helping your Client get healthier and you grow your business.
Contact Dawson Insurance today for your Personal Trainer Insurance, or Gym Operation Insurance. 0418100351 or brad@dawsonins.com.au

Brad Dawson NIBA (Assoc)

BPD Pty Ltd T/As Dawson Insurance
PO Box 846 Tweed Heads NSW 2485
Level 2, The Professional Centre, 133 Wharf Street, TWEED HEADS NSW 2485
0418 100 351 | (07) 5506 5050
brad@dawsonins.com.au www.dawsonins.com.au
ABN: 27 159 041 399 Authorised Representative No: 424348
Authorised Representative of PSC Connect Pty Ltd T/As PSC Connect Insurance Broking Services ABN 23 141 574 914 AFS License No 344 648

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10th -13th September 2015
Dawson Insurance Sponsored Datsun 180b Classic Rally Car

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7th May 2016
The Kempsey Sporting Car Club
Mitsubishi Race Triton – Sponsored by Dawson Insurance and Macksville Auto Group. Thanks to all our service crew for your help, efforts and late nights in preparing for and servicing at the Rally. Such a top weekend !

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