Contractor refers to CARPENTERS Of Melbourne and its Sub Contractors ABN 847 979 88 086
Client refers to Business listed on the purchase order / work order / variation / invoice
Extra Works refers to any works that are not outlined in the agreed plan and quote.
- CONTRACTOR’S MAIN OBLIGATIONS The Contractor will carry out and complete the works in accordance with this contract.
- PAYMENT The Client must pay to the Contractor: a) the contract price by way of the progress payments listed in contract. b) Any extra works completed after the Contractor has carried out the work or incurred the cost. Any Extra Works valued at over $1000 will have a separate work order agreed to and signed by both parties. c) If withdrawal from contract before start of site works, the Client will forfeit 50% to 100% of any deposit given, depending on amount of pre commencement work undertaken. This will be at the discretion of the Contractor.
- ACCESS AND USE OF FACILITIES The Client must: a) give the Contractor uninterrupted access to and possession of the site to carry out the works; and b) provide the Contractor with adequate access to available water, electricity and toilet and washing facilities. The Contractor will give possession of the site back to the Client when the Client has paid all moneys payable to the Contractor under this contract.
- COMMENCEMENT Before the Contractor is obliged to commence the works the Contractor may request the Client to provide written evidence: a) that the Client owns or is otherwise entitled to have the works carried out on the site; b) of any easements, covenants and encumbrances affecting the works on the site; c) of the Client’s ability to pay the contract price; and d) of all necessary building and planning approvals having been received. If the Client does not do so the Contractor may: a) Put the commencement date back by the delay; or b) end this contract. The Contractor must ensure the works commence as soon as it is reasonably possible. The building period commences on the date the Contractor commences the works.
- HOURS OF WORK All work will be completed between the hours of 7am 5pm Monday through to Saturday. If the client requests that work are required outside of these times then additional charges may apply.
- DELAYS The Contractor is not responsible for any delay caused by something beyond the Contractor’s sole control including any failure by the Client to: a) make a selection, b) give the Contractor adequate access to carry out the works or c) effect delivery by the given date, the seller shall not be liable to penalties or damages (either direct or indirect) or failure to deliver within the time stated due to strikes, accidents, default by supplier/manufacturer and any other causes beyond the seller’s control. The building period will be extended by whatever time is reasonable if the Contractor claims an extension of time by giving the Client written notice.
- VARIATIONS If the Client requests a variation, a $500.00 surcharge will be applied. The Contractor will give the Client a written quote detailing the work. If the Client agrees to the variation by signing the quote and returning the signed quote to the Contractor, the Contractor will then do the variation in the time agreed.
- UNFORESEEN CIRCUMSTANCES The Contractor is not responsible for any problems with the site, which are only revealed when carrying out the works. The Contractor will carry out any work needed to fix any such problem, if the Contractor considers it necessary for satisfactory completion of the works. Any additional work necessary due to an unforeseen circumstance is a variation and Clause 8 applies. If a price is not agreed the Client will be charged the actual cost to carry out the work plus another 20%.
- WORK BY CLIENT The Client must have the site ready when required by the Contractor. If the Client does not have the site ready, any additional work necessary to carry out the works is a variation and Clause 8 applies. If a price is not agreed the Client will be charged the actual cost to carry out the work plus another 20%.
- PRACTICAL COMPLETION The Contractor must: a) reach practical completion by the end of the building period, as extended; and b) give the Client a written notice of practical completion. The notice of practical completion is to state the date of practical completion and set out the Contractor’s final progress claim. On practical completion, the Client must: a) inspect the works with the Contractor; and b) give the Contractor a written, signed list of any defective or unfinished work. The Client must immediately pay the amount of the final progress claim on practical completion.
11 a.CONTRACTOR’S RIGHT TO FIX If at any time the Client claims the works are defective, the Client must, as soon as possible, or within 7 days of date of invoice (whichever time frame is sooner) tell the Contractor by written notice. If the Contractor accepts responsibility, the Contractor has the right to fix the defect, but must do so within 28 days.
- b. MATERIAL A two year warranty is covered on faulty workmanship and seven year warranty on faulty material. Material used may be affected by weather conditions causing shrinking and expansion distortion. Great care and choice will be taken to prevent any cracking, twisting or bowing, however unless strength properties are compromised, it does not necessarily signify replacement as it may be capable of exceeding its life span.
- SUBCONTRACTING The Contractor may sub-contract any of the Contractor’s obligations. The Client must not give
instructions to or make inquiry of the Contractor’s sub‐contractors, workers or suppliers.
- RISK All materials are at the Client’s risk once delivered to the site.
- INSURANCE The Contractor will have public liability insurance of at least $10m. The Client must ensure that the Client is similarly insured. If the Client tells the Contractor to insure the works against loss or damage or to similarly insure the Client’s property while the works are being carried out, the Client will be charged the Contractor’s actual cost of insuring plus another 20% for arranging this insurance.
- WHOLE AGREEMENT Subject to law, these general conditions, schedules and the plans and specifications comprise the contract, which contains the whole agreement between the Client and the Contractor.
- PREVAILING DOCUMENTS These general conditions, the plans and the specifications have precedence in that order if there is any inconsistency between them.
- LATE PAYMENT FEE If the Client fails to make any payment under this contract on time, the Contractor will charge the Client a 2% administration fee and will continue to do so monthly until the final payment is made.
- DEBT COLLECTING COSTS The Client must reimburse to the Contractor any debt collecting costs (and commissions), including any legal fees on a solicitor and own client basis, the Contractor pays to recover, or attempt to recover any overdue payment.
- RETENTION OF TITLE Title in materials does not pass the Client until it has been paid for in full. If the Client fails to make a due payment, the Contractor may enter the site and take reasonable action to remove uninstalled materials without being liable for damage to the site caused by such removal.
- CHARGE OVER LAND The Client charges the land on which the site is located in the Contractor’s favor as equitable
mortgagee to secure the payment of all moneys payable to the Contractor under this contract to the extent of a court or tribunal made an order that the Client pays that amount to the Contractor.
- COPYRIGHT The Contractor owns all copyright created by the Contractor in the plans, the specifications and the workshop drawings. If the Client gives the Contractor any sketch, plan or other document that infringes someone else’s copyright or moral right, the Client indemnifies the Contractor against all claims and costs.
- CLIENT’S JOINT AND SEVERAL LIABILITY If there is more than one person comprising the Client then: a) all the Client’s obligations are joint and several; b) the Contractor only has to give notices to one of the Client; and c) only one of the Client needs accept a quote or sign a notice, and then all are bound.
- SUSPENSION If the Client is in breach of this contract, the Contractor may suspend the carrying out of the works. The Contractor must recommence the carrying out of the works within a reasonable time after the Client has given written notice to the Contractor that the Client has remedied that breach.
- TERMINATION If either party is in serious breach of this contract, the party not in breach may give the other party a written request to remedy that breach. If the breach is not remedied within 5 days, the party not in breach may end this contract by giving written notice to that effect.
- INSOLVENCY Should a party become insolvent, then the other party may, by giving a written notice, end this contract. Payment/Money owed can not apply bankruptcy deduction. To be insolvent means: a) any act of bankruptcy under the Bankruptcy Act by a natural person; b) the appointment of a liquidator, provisional liquidator, receiver, receiver and manager, administrator or the entering into of a deed of arrangement if a corporation; or c) any act of insolvency.
- STATUTORY WARRANTIES To the extent required by the Home Building Act, the Contractor warrants that: a) the works will be performed in a proper and workmanlike manner and in accordance with the plans and the specification attached to this contract; b) all materials supplied by the Contractor will be good and suitable for the purpose for which they are used and that, unless otherwise stated in this contract, those materials will be new; c) the works will be done in accordance with, and will comply with, the Home Building Act or any other law; d) the works will be done with due diligence and within the time stipulated in this contract, or if no time is stipulated, within a reasonable time; e) if the works consists of the construction of a dwelling, the making of alterations or additions to a dwelling or the repairing, renovation, decoration or protective treatment of a dwelling, the works will result, to the extent of the works conducted, in a dwelling that is reasonably fit for occupation as a dwelling; and f) the works and any materials used in doing the works will be reasonably fit for the specified purpose or result, if the Client expressly makes known to the Contractor or other person with express or apparent authority to enter into or vary contractual arrangements on behalf of the Contractor, the particular purpose for which the works are required or the result that the Client desires to be achieved, so as to show that the Client relies on the Contractor’s skill and judgment.
- MANDATORY CLAUSES To the extent required by the Home Building Act and subject to this clause, the works will comply with: a) the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979, including any regulation or other instrument made under that Act); b) all other relevant codes, standards and specifications that the works are required to comply with under any law; and c) the conditions of any relevant development consent or complying development certificate. The Contractor is not liable if the works do not comply with the above requirements if the failure relates solely to: a) a design or specification prepared by or on behalf of the Client (but not by or on behalf of the Contractor); or b) a design or specification required by the Client, if the Contractor has advised the Client in writing that the design or specification contravenes the above requirements. To the extent required by the Home Building Act: a) all plans and specifications for the works including any variations to those plans and specifications form part of this contract; b) any agreement to vary this contract, or to vary the plans and specifications for the works must be in writing and signed by the parties.
- GST Where a price is not agreed for an additional charge or omission from the works, the amount of Goods and Services Tax attributable to the value for that supply is to be added to the price calculated under the terms of this contract.
- AGREEMENT Should the client fail to sign the agreement, they agree to the terms of the contract on payment of the initial deposit.
- DIRECTORS OR PERSONAL GUARANTEE In consideration of CARPENTERS of Melbourne agreeing to supply the above named client with goods and services, I, being the director of the client, agree to be responsible for the due and punctual payment owing by the customer as CARPENTERS may hereafter supply to the client. This guarantee shall be a continuing guarantee to you for all your debts whatsoever and whenever owing by the client to CARPENTERS. I acknowledge that I shall not be released from this guarantee otherwise than by the payment in full of the debt owing by the client.