2. A verbal agreement is a verbal contract, enforceable in the same way as a written contract. 3. That verbal contract was reinforced with a written contract, on advice from our former Accountant - Mr Peter Rutley, as Smart Buoy Co may if challenged, be held responsible for the payment of Superannuation for the independent contractor, if there wasn't a written contract in place. On advice of our Accountant, your verbal contract needed to be backed up with a written contract, which specifically stated the independent contractor was responsible for Superannuation. 4. Smart Buoy Co had an employment contract with Sureway Employment, which from the conditions of that contract, stated our employee cannot be employed outside of that agreement. 5. Per point one above, Smart Buoy Co had a separate contract with Wimmera Queen Boat Sales, which as an entity and not an individual, ensured that the contracted work to Beacon Boat Sales, did not in any way interfere with or contravene the contract conditions of the agreement between Smart Buoy Co and Sureway Employment. 6. As the representative of one party of the original verbal agreement between Smart Buoy Co and Wimmera Queen Boat Sales, which is now covered by a written agreement, you do not have the right to make any waiver, amendment or modification of any provisions of the agreement, unless these changes are also agreed by a duly authorised representative of Beacon Boat Sales. That the verbal agreement has been put in writing, any such waiver, amendment or modification of any provisions of the agreement, will require these changes to be in writing, agreed to and signed by a duly authorised representative of Beacon Boat Sales, before they can take effect. 7. That you did not consult with Wimmera Queen Boat Sales to discuss and seek approval for your proposed changes to the agreement, makes your changes null and void. 8. That you did not consult with me the Director of Smart Buoy Co, to discuss and seek approval for your proposed changes to the agreement, means I must caution you to not undertake any further Page 17 of 27
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