- The Contractor warrants that It is ready, willing and able to carry out the Work in accordance with the terms and Conditions of this Work Order and, in the case of the supply of goods, that the goods are of a quality at least equal to that specified in this Work Order and will be suitable for the purpose intended and, in the case of any form of physical work to be undertaken or service to be provided, that the Work wit be carried out in a proper and workmanlike manner the higher of the standard specified in this Work Order and/or accepted industry standards and/or the standards specified by Standards Australia.
- The Contract Price quoted must be GST inclusive and the Contractor’s Tax Invoice must separately identify the GST component. The Company will not be liable to make any payment due under this Work Order before the Contractor supplies a valid Tax invoice consistent with this Work Order. The Contract Price quoted is not subject to change unless a rise and fall or fluctuation clause is specified in this Work Order (or in any relevant Head Contract).
- The Contractor will at its own cost and expense, comply with all the requirements of any statutes, regulations, ordinances, orders, local laws. or by-laws or other like requirements with regard to the Work and the occupational health and safety requirements of its employees, sub-contractors, agents and invitees as well as the public and will carry out all its obligations as an employer under income tax or like legislation, accident compensation legislation, provide all required workers amenities, pay all necessary site allowances and provide a safe workplace in accordance with the current Victorian Building Industry Agreement and ensure that every person under its control or direction undertakes and complies with the Company’s induction program and satisfy any other necessary superannuation, long service leave, redundancy and safety provisions as required either by law or the current Victorian Building Industry Agreement. The Contractor has an obligation to ask the Company about its specific requirements and familiarise itself with and satisfy those requirements.
- Nothing in this Work Order shall constitute or construe the Contractor as a partner, agent, employee or representative of the company and the Contractor has no entitlement to incur obligations on behalf of or pledge the credit of the Company in any matter whatsoever and the Contractor does not have any authority to act for or on behalf of or assume any responsibility or obligation for and on behalf of the Company.
- If the delivery of any goods is not made or the Work is not commenced (in either case in whole or in part) by the date specified (or if none is specified then within a reasonable period of time) or if the Contractor fails or refuses to perform or breaches any of the terms and conditions of this Work Order, the Company may cancel this Work Order wholly or in part by written notice to the Contractor. The Company is entitled to cancel this Work Order at any time without reason by 30 days written notice to the Contractor.
- The Contractor must make good any damage caused or contributed to by the Contractor undertaking the Work. The Contractor hereby indemnifies and agrees to keep indemnified the Company against all actions, suits, claims, demands, loss and damage whatsoever caused or contributed to by the Contractor undertaking the Work.
- The Contractor must have and maintain at its own cost insurance cover to an acceptable industry standard indemnifying the Contractor and noting the interest of the Company and the Contractor’s sub-contractors and consultants (if any) for their respective rights, interest and liabilities which must provide public risk and product liability insurance cover for an amount of not less than $10 million in respect of any single incident arising out of or in the course of or caused or contributed to by the Contractor undertaking the Work or pursuant to any indemnity given by the Contractor to the Company under this Work Order. If the Work Order involves the carrying out of physical work rather than the supply of goods then the Contractor must also have and maintain at its own cost a Contractors’ All Risk Insurance Policy to an acceptable industry standard in respect of the Work to the full value thereof indemnifying the Contractor and noting the interest of the Company, its sub-contractors and consultants (if any) for their respective rights, interests and liabilities.
- The Contractor shall be bound by the provisions in relation to nominated sub-contractors and nominated suppliers in any Head Contract entered into by the Company pursuant to which the Work may be carried out Any such Head Contract may be inspected at the head office of the Company within usual working hours and the Contractor shall be deemed to have notice of the contents thereof.
- Should payment to the Contractor be made by progress payments, the Company shall be entitled to deduct and retain not more than 10% from each such payment until the sum so retained is equal to 5% of the total Contract Price in this Work Order, The moneys so retained shall be held by the Company until the later of the issue of any final certificate under any relevant Head Contract or 52 weeks after the completion of the Work.
- Any defect, shrinkage or other fault in materials or workmanship (“defect”) which may appear at any time up to the expiration of the defects liability period stated in any relevant Head Contract or 52 weeks after completion of the Work shall, on the written request of the Company, be made good by the Contractor at its own expense.
- In the case of any default, under Clause 10 of the Company may apply any moneys retained under Clause 9 for the purpose of making good any such defect and should such retained moneys be insufficient then the balance of the cost of making good the defect shall be recoverable from the Contractor as liquidated damages.
- If necessary, before commencing the Work the Contractor shall at its own expense obtain and produce to the Company a copy of any necessary consent, permit, approval, licence or certificate from all municipal and/or other authorities having jurisdiction in the matter necessary for carrying out the Work (“all permits”). If within a reasonable period ‘of time from the date of this Work Order or prior to the date on which the Work is to be done the Contractor has not obtained all permits then the Company shall/may terminate this Work Order by notice in writing to the Contractor.
- Upon completion of the Work (or any relevant part thereof) and before being entitled to the payment (without affecting the Company’s right to maintain a retention amount) the Contractor must, at its own expense, obtain and produce to the Company a copy of all manufacturer’s warranties and/or guarantees for goods and/or all necessary certificates of final inspection. approval or completion issued by all municipal and/or other authorities having jurisdiction in respect of the Work (or any relevant part thereof),
- The Contractor must (and will ensure that all of its employees, sub-contractors, agents and representatives) comply with any site conditions, The Contractor must ask the Company if any site conditions exist and familiarise itself with those site conditions. The Contractor agrees that the Company shall be entitled to refuse entry to any Company property to any Contractor, supplier or person intending to carry out any part of the Work who does not comply with the site conditions or who the Company reasonably believes may not comply with the site conditions.
- In the event of a dispute between the Contractor and any Trade Union relating to the Work (whether or not carried out by any person under the control or direction of the Contractor) the Contractor shall, if the dispute is such as may affect the progress of any other work on the Company’s property or elsewhere, settle such dispute in such manner as may be required by the Company.
- The Contractor shall keep the Company’s property clean and tidy and whenever necessary, whilst carrying out the Work and on Completion of the Work, shall at its own expense remove from the Company’s property all waste and debris, wrappings, containers and residual materials which result from the Work and in default thereof the Company may do so and recover the cost from the Contractor as liquidated damages.
- The Contractor warrants to the Company that the Contractor has not and will not knowingly engage in any Modern Slavery practices and will comply with all Laws relating to Modern Slavery which apply to it. Modern Slavery includes any conduct which constitutes modern slavery under the Modern Slavery Act 2018 (Cth) including slavery, servitude, forced labour, human trafficking, debt bondage, slavery like practices, forced marriage and perceptive recruiting for labour or services
