Terms and Conditions
The provision of all goods and/or services to the Body Corporate for 111 Quay Apartments (CTS 48030) (the Body Corporate), by suppliers, contractors and service providers (the Vendor) are subject to the following Terms and Conditions:
1. The Vendor warrants that it:
a) it and its workers, agents, representatives, subcontractors or any persons otherwise involved in carrying out the Work have the right to work in Australia, are appropriately skilled and hold the necessary qualifications, licences and/or permits to carry out the Work and will provide evidence to that effect on request
b) it holds the necessary insurances, not limited to public liability and worker’s compensation insurance, to perform the Work, and will provide evidence to that effect on request
c) is ready, willing and able to carry out the Work in accordance with the terms and Conditions of this Work Order
d) 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
e) 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.
2. The Contract Price quoted must be GST inclusive and the Vendor’s Tax Invoice must separately identify the GST component. The Body Corporate will not be liable to make any payment due under a Work Order before the Vendor supplies a valid Tax invoice consistent with the Work Order. The Contract Price quoted is not subject to change unless a rise and fall or fluctuation clause is specified in the Work Order.
3. The Body Corporate will not be liable to the Vendor for any claim for payment, including any Tax Invoice issued unless:
a) The Work completed is clearly stated and described by reference to the Work Order
b) All relevant warranties, guarantees, certificates, manuals, instructions, spares, licences, or any other information specified in the Work Order have been provided to the Body Corporate.
4. The Vendor will at its own cost and expense, comply with all the requirements of any statutes, regulations, ordinances, orders, local laws or by-laws (including Body Corporate by-laws) or other like requirements with regard to the Work and the occupational health and safety requirements of its employees, subcontractors, 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 as required by law, and ensure that every person under its control or direction undertakes and complies with the Body Corporate’s induction program and satisfy any other necessary superannuation, long service leave, redundancy and safety provisions as required by law . The Vendor has an obligation to ask the Body Corporate about its specific requirements and familiarise itself with and satisfy those requirements.
5. Nothing in this Work Order shall constitute or construe the Vendor as a partner, agent, employee or representative of the Body Corporate and the Vendor has no entitlement to incur obligations on behalf of or pledge the credit of the Body Corporate in any matter whatsoever and the Vendor does not have any authority to act for or on behalf of or assume any responsibility or obligation for and on behalf of the Body Corporate.
6. 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 Vendor fails or refuses to perform or breaches any of the terms and conditions of this Work Order, the Body Corporate may cancel this Work Order wholly or in part by written notice to the Vendor. The Body Corporate is entitled to cancel this Work Order at any time without reason by 5 business days written notice to the Vendor.
7. The Vendor must make good any damage caused or contributed to by the Vendor undertaking the Work. The Vendor hereby indemnifies and agrees to keep indemnified the Body Corporate against all actions, suits, claims, demands, loss and damage whatsoever caused or contributed to by the Vendor undertaking the Work.
8. The Vendor must have and maintain at its own cost insurance cover to an acceptable industry standard indemnifying the Vendor and noting the interest of the Body Corporate and the Vendor’s subcontractors 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 Vendor undertaking the Work or pursuant to any indemnity given by the Vendor to the Body Corporate under this Work Order. If the Work Order involves the carrying out of physical work rather than the supply of goods then the Vendor 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 Vendor and noting the interest of the Body Corporate, its subcontractors and consultants (if any) for their respective rights, interests and liabilities.
9. The Vendor shall be bound by the provisions in relation to nominated subcontractors and nominated suppliers in any Head Contract entered into by the Body Corporate pursuant to which the Work may be carried out. Any such Head Contract shall be provided on request to the Body Corporate and the Vendor shall be deemed to have notice of the contents thereof.
10. Any defect, shrinkage or other fault in materials or workmanship (“defect”) which may appear at any time up to 52 weeks after completion of the Work, or the expiration of any written warranty or guarantee period (whichever occurs later in time) shall, on the written request of the Body Corporate, be made good by the Vendor at its own expense.
11. If necessary, before commencing the Work the Vendor shall at its own expense obtain and produce to the Body Corporate 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 Vendor has not obtained all permits then the Body Corporate may terminate this Work Order by notice in writing to the Vendor.
12. Upon completion of the Work (or any relevant part thereof) and before being entitled to the payment, the Vendor must, at its own expense, obtain and produce to the Body Corporate 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).
13. The Vendor must (and will ensure that all of its employees, subcontractors, agents and representatives) comply with any site conditions, The Vendor must ask the Body Corporate if any site conditions exist and familiarise itself with those site conditions. The Vendor agrees that the Body Corporate shall be entitled to refuse entry to any Body Corporate property to any Vendor, supplier or person intending to carry out any part of the Work who does not comply with the site conditions or who the Body Corporate reasonably believes may not comply with the site conditions.
14. The Vendor shall keep the Body Corporate’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 Body Corporate’s property all waste and debris, wrappings, containers and residual materials which result from the Work and in default thereof the Body Corporate may do so and recover the cost from the Vendor as liquidated damages.
15. The Vendor warrants to the Body Corporate that the Vendor 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.
Do you need more information?
You can request more information on doing business with us by sending an email to committee@111quay.com.au