Terms & Conditions
1. SCOPE OF WORKS
(a) supply the Goods and Services to our satisfaction and in accordance with this WO;
(b) provide everything required to perform the Services and complete the scope by the
(c) obtain and comply with all permits and approvals necessary to supply the Goods, carry out and complete the Services (unless this WO expressly says that we will); and
(d) exercise a high standard of skill, care and diligence in relation to the Goods and the Services. You are responsible for the care of the
Goods until we accept them under clause 4(c) or, if the Goods are subject to Services, the date the Services are completed.
2. FIRM PRICE
The WO Price (excluding GST) is fixed and is not subject to any adjustment on account of any rise or fall whatsoever unless expressly stated.
(a) The information and documents (including copyright) made available to you by us or on our behalf remain our property.
(b) You have no claim on account of any alleged statement, warranty, representation, information or documents made or provided to you by us or on our behalf.
(c) You grant us an irrevocable, transferrable and royalty free licence to use all intellectual property provided in connection with this WO.
(d) You have provided our office a copy of your relevant insurances and licenses which includes but is not limited to; public liability, work cover, registered builder practitioner license number, signed statement of works compensation, pay-roll tax and remuneration.
(a) Goods must be delivered during normal work hours unless you make alternative arrangements with our representative.
(b) The Goods are delivered when the Goods are in accordance with this WO and delivery is acknowledged in writing by our representative.
(c) Goods that are not in accordance with the relevant WO are deemed to not have been delivered.
(a) In carrying out the Services you must:
(i) keep the work site clean and tidy and free of rubbish;
(ii) comply with any Site policies or requirements notified to you;
(iii) not cause any harm or damage to the environment or the work of any other contractors;
(iv) prevent nuisance and unreasonable noise and disturbance; and
(v) take all measures to protect people and property (including the Goods) from loss or damage.
(b) If we need to carry out urgent works to protect persons or property which you should have done, we can recover our costs as a debt due and owing from you.
(c) You must give us notice of when you consider that the Services have been completed in accordance with this WO and our representative will inspect the Services to determine whether or not they have been completed.
(d) After inspection, we may
(i) advise you in writing that the Services are complete; or
(ii) advise you what further steps need to be taken before completion is achieved and clauses 5(c) and 5(d) will reapply.
(a) If there is any defect in anything supplied by you under this WO, we may make a written request that the defect is rectified at your cost and you must comply with the request within the time stated in that request (or if not time is stated within 10 days).
(b) If you do not rectify the defect in accordance with our request the cost of the rectification is a liquidated debt due and owing from you to us.
7. INVOICES AND PAYMENT
(a) You may make claims for payment:
(i) in respect of the Goods, after the Goods have been delivered and accepted by us under clause 4(c); and
(ii) in respect of the Services, after the Services have been completed and accepted by us under clause 5(d)(i).
(b) You must submit your payment claim:
(i) with a valid tax invoice, which must state the Work Order No.;
(ii) based on the value of the Goods supplied or the Services completed at that time; and
(iii) to the company representative who issued the work order.
(c) If we dispute the amount you have claimed, we may issue you a payment schedule setting out the amount we think is due and the reasons for the difference within 10 Business Days.
(d) Subject to clause 7(c), we must pay to you the value of the Goods and/or Services determined by us, less any amounts we are entitled to retain or withhold and amounts previously paid.
(e) Amounts payable under clause 7 are payable 30 days after receipt of invoice (except if payment is disputed).
(f) In consideration of us making the final payment to you, you release us from all claims and actions and agree that you have no claim whatsoever arising out of or in connection with this WO.
(g) A signed copy of this WO is to be attached as part of this invoice prior to receiving payment.
(h) Payment of invoices will not be processed unless an up to date ‘not expired’ copy of your relevant insurance, statements and license documents as indicated in (3d).
If the Goods or the Services are:
(a) not delivered or completed within forty-eight (48) hours after the Delivery Date or the Completion Date (as applicable) or any extended dates agreed to by us in writing; or
(b) determined by us not to comply with this WO, then we may, at our discretion, regard this WO as repudiated by you.
9. WORK HEALTH AND SAFETY
(a) maintain appropriate safety precautions and programs so as to prevent injury to persons or damage to property on or near the Site;
(b) comply with our work health and safety plans and requirements, including any Site specified inductions and as per your signed SWMS, JSA’s relevant to your works.
(c) Promptly notify, provide information and cooperate with us with respect to any reportable incident.
(d) Complete a site Risk Assessment by scanning the QR code on this WO.
(a) You warrant that any hired equipment supplied to us is in good working order and shall be maintained in good working order by you for the Hire Period.
(b) If we are of the opinion that any of the hired equipment supplied by you is not in good working order, we may notify you of the hired equipment’s failure to be in good working order.
(c) You must rectify any hired equipment that is not in good working order within one hour of receiving notification (or such longer period as agreed between us and you) and you are liable for any costs occurred by us as result of any failure in the hired equipment.
11. CONDITIONS AND WARRANTIES
Warranties of all applicable services and goods are to align with all Australian Standards.
12. THE AGREEMENT
(a) The law of the State or Territory in which the Site is located governs this WO.
(b) This WO comprises the whole of the agreement between the parties and any prior representations and other terms are excluded.
(c) You will be taken to have accepted the terms of this WO by commencing the supply of the Goods or carrying out the Services or by confirming (verbally or in writing) that you will supply the Goods or carry out the Services.
(d) You indemnify us against any liability to or claim by a third party and all costs, charges, expenses, fines, penalties, losses and damages suffered or incurred by us in connection with any wilful or negligent act or omission or breach of this WO by you.
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