RCTI Agency Authority Deed
A schedule to the Operator Services Agreement, executed as a deed at Operator onboarding. It gives ReviRide the Operator's authority to issue Recipient Created Tax Invoices to CR vehicle owners on the Operator's behalf, under clause 3.4(f) of the Vehicle Owner Terms. Being a deed, it must be signed in the presence of a witness.
RCTI AGENCY AUTHORITY DEED
Deed version 1.0.
DATE: [Date]
PARTIES
(1) [OPERATOR NAME] (ABN [Insert ABN]) of [Address] (Operator); and
(2) REVELRY MOTORCYCLES PTY LTD (ACN 166 542 267) trading as ReviRide, of 336 Parramatta Road, Burwood NSW 2134 (ReviRide).
RECITALS
A. The Operator and ReviRide have entered into an Operator Services Agreement dated [•] (OSA).
B. Under the OSA, the Operator accepts motorcycles from private owners (CR Owners) for rental through the ReviRide platform.
C. CR Owners who are registered for GST may have their tax invoices issued by the recipient of their supply (the Operator) under a Recipient Created Tax Invoice (RCTI) arrangement, in accordance with clause 3.4(f) of the ReviRide Vehicle Owner Terms and the Recipient Created Tax Invoice Determination made under s 29-70(3) of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
D. The Operator wishes to appoint ReviRide as its agent to issue those RCTIs on the Operator's behalf.
IT IS COVENANTED
1. Appointment
The Operator appoints ReviRide as its agent for the limited purpose of issuing RCTIs to CR Owners whose motorcycles are listed with the Operator, in respect of the Owner's share of rental revenue payable by the Operator.
2. GST Registration
The Operator represents and warrants that it is registered for GST at the date of this deed and that its ABN is active on the Australian Business Register. The Operator will notify ReviRide within 21 days if it ceases to be registered for GST or if its ABN is cancelled or made inactive.
3. Scope of Authority
ReviRide is authorised to issue RCTIs in the Operator's name and on its behalf, in a form that complies with s 29-70(1) of the GST Act and the Determination, within 28 days of each completed Rental. ReviRide may verify the Operator's GST registration status against the Australian Business Register before issuing any RCTI and is not required to issue an RCTI if the Operator is not registered for GST at that time.
4. Owner Acknowledgement
The Operator acknowledges that each CR Owner agrees to the RCTI arrangement in clause 3.4(f) of the ReviRide Vehicle Owner Terms, and that ReviRide issues RCTIs in reliance on that agreement and on this authority.
5. Termination
This authority terminates automatically on the earlier of: (a) the Operator ceasing to be registered for GST; (b) ReviRide ceasing to hold a corresponding authority from the CR Owner; (c) termination of the OSA; or (d) either party giving the other 30 days' written notice.
6. Indemnity
The Operator indemnifies ReviRide against any loss, liability or cost (including reasonable legal costs) arising from ReviRide having issued an RCTI in good faith and in reasonable reliance on this authority, except to the extent caused by ReviRide's own negligence or wilful misconduct.
7. Governing Law
This deed is governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
EXECUTION
EXECUTED as a deed.
EXECUTED by [OPERATOR NAME] in the presence of:
| Signature of Authorised Officer | _________________________ |
| Name (print) | _________________________ |
| Title | _________________________ |
| Date | _________________________ |
| Signature of Witness | _________________________ |
| Name of Witness (print) | _________________________ |
| Date | _________________________ |
EXECUTED by REVELRY MOTORCYCLES PTY LTD (ACN 166 542 267) in the presence of:
| Signature of Authorised Officer | _________________________ |
| Name (print) | _________________________ |
| Title | _________________________ |
| Date | _________________________ |
| Signature of Witness | _________________________ |
| Name of Witness (print) | _________________________ |
| Date | _________________________ |