Common use of Replacement Guarantee Clause in Contracts

Replacement Guarantee. 8.1 No rebate of fees shall be made. Should the engagement of a Candidate terminate within a period of 8 weeks (including the Candidate‟s period of contractual notice) from the start of a Placement, RW shall seek a replacement Candidate on the condition that: (a) the Candidate leaves of his/her own volition and not due to any redundancy measures, change in job description or change in work conditions; (b) RW‟s invoice has been settled in accordance with this Agreement; (c) the Client has complied with its obligations to the Candidate including its obligations under any relevant law; (d) the request is given exclusively to RW to replace the Candidate; (e) the nature of the replacement role is the same as the initial Placement; and (f) RW is informed in writing that the Candidate is no longer to be engaged by the Client within 7 days. 8.2 RW offers its replacement guarantee on the initial Candidates placed. It does not offer its replacement guarantee for the replacement Candidate, a Fixed Term Placement or for a Candidate that was originally placed with the Client on a temporary basis. 8.3 If the Salary Package of the replacement Candidate changes from the original Candidate, the invoiced amount will be adjusted accordingly. 8.4 The replacement guarantee will be valid for a period of 3 months from the date of termination of the initial Candidate, after which RW is not obliged to offer such guarantee.

Replacement Guarantee. 8.1 (1) No rebate of fees Fees shall be made. Should However, should the engagement employment of a the initial Candidate terminate within a period of 8 13 weeks (including the Candidate‟s period of contractual notice) from the start Candidate’s date of a Placementemployment, RW shall endeavour to seek a replacement Candidate within a period of 3 months from date of termination of the initial Candidate at no extra cost to the Client (“Replacement Guarantee”) on the condition that: (ai) the Candidate leaves of his/her own volition and not due to any redundancy measures, change in job description of work responsibilities or change in work employment conditions; (bii) RW‟s RW’s invoice has been settled in accordance with this Agreementthese T&Cs; (c) the Client has complied with its obligations to the Candidate including its obligations under any relevant law; (d) the request is given exclusively to RW to replace the Candidate; (eiii) the nature of the replacement role is the same as the initial Placementassignment; and (fiv) RW is informed in writing that the initial Candidate is no longer to be engaged by the Client within 7 daysseven (7) days of it occurring. 8.2 (2) RW offers its replacement guarantee on Replacement Guarantee for the initial Candidates placedCandidate placed only. It does not offer its replacement guarantee Replacement Guarantee for the replacement Candidate, a Fixed Term Placement fixed-term placement or for a Candidate that who was originally placed with the Client on a temporary basis. 8.3 (3) If the Salary Package ARP of the replacement Candidate changes increases from the original initial Candidate, the invoiced amount will be adjusted accordingly. 8.4 The (4) RW is obliged to search for the replacement guarantee will be valid Candidate for a period of 3 three (3) months from the date of termination of the initial Candidate, after which RW is not obliged to offer such guaranteeCandidate on a best endeavour basis.