Common use of Replacement Guarantee Clause in Contracts

Replacement Guarantee. (1) No rebate of Fees shall be made. However, should the employment of the initial Candidate terminate within a period of 13 weeks (including period of notice) from the Candidate’s date of employment, 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: (i) the Candidate leaves of his/her own volition and not due to any redundancy measures, change of work responsibilities or employment conditions; (ii) RW’s invoice has been settled in accordance with these T&Cs; (iii) the nature of the replacement role is the same as the initial assignment; and (iv) RW is informed that the initial Candidate is no longer engaged by the Client within seven (7) days of it occurring. (2) RW offers its Replacement Guarantee for the initial Candidate placed only. It does not offer its Replacement Guarantee for the replacement Candidate, a fixed-term placement or for a Candidate who was originally placed with the Client on a temporary basis. (3) If the ARP of the replacement Candidate increases from the original Candidate, the invoiced amount will be adjusted accordingly. (4) RW is obliged to search for the replacement Candidate for a period of three (3) months from the date of termination of the initial Candidate on a best endeavour basis.

Replacement Guarantee. (1) No rebate of Fees shall be made. However, should the employment of the initial Candidate terminate within a period of 13 weeks (including period of notice) from the Candidate’s date of employment, RW shall endeavour to seek a replacement Candidate within a reasonable period of 3 months from date of termination of the initial Candidate time at no extra cost to the Client (“Replacement Guarantee”) on the condition that: (i) the Candidate leaves of his/her own volition and not due to any redundancy measures, change of work responsibilities or employment conditions; (ii) RW’s invoice has been settled in accordance with these T&Cs; (iii) the nature of the replacement role is the same as the initial assignment; and (iv) RW is informed that the initial Candidate is no longer engaged by the Client within seven (7) days of it its occurring. (2) RW offers its Replacement Guarantee for the initial Candidate placed only. It does not offer its Replacement Guarantee for the replacement Candidate, a fixed-term placement or for a Candidate who was originally placed with the Client on a temporary basis. (3) If the ARP of the replacement Candidate increases from the original Candidate, the invoiced amount will be adjusted accordingly. (4) RW is obliged to RW’s search for the replacement Candidate will be valid for a period of three (3) months from the date of termination of the initial Candidate on a best endeavour basisCandidate, after which RW is not obliged to search for any replacement search.