CONDITIONS OF CONTRACT
- Quality of work
The contractor (All Aspects Group) shall carry out the work described in section 1 in a good and workman like manner. All materials supplied shall be reasonably fit for the purpose for which they are supplied
- Time for completion
(a) the contractor shall proceed with the works with due diligence and complete the work within three months of the date of acceptance by the client
(b) In the event that the execution of the work is delayed by a cause beyond the contractors control, including the need to execute additional work pursuant to clause 3 hereof, the contractor shall be entitled to a reasonable extension of time in which to complete the work and the date of completion shall be adjusted accordingly.
(c) The work shall be deemed completed when it has reached the state of being reasonable fit for use by the client and the contractor has so notified the client.
- Variations
(a) All changes to the contracted work required by the client or necessitated by the operation of clause.
(b)The cost of the additional work including a reasonable allowance for the contractors overhead and profit shall be added to the total price/quoted contract price.
(c) Where a direction of the client under sub-clause (a) hereof results in a reduction of the work required by the contractor, the total price/quoted contract price shall be adjusted accordingly however the contractor shall be entitled retain a reasonable sum for overhead and profit.
(d) No allowances have been made for de-watering, Shoreing or rock. Rock will be extra over.
- Defects Liability Period
The contractor shall within a reasonable period of time, make good defects in the work notified by the client in writing to the contractor – within one calendar month of the work being completed.
- Working hours
The total Price/Quoted contract price stated is calculated on the basis that the work would be executed during ordinary working hours Monday-Friday between 7am-4pm excluding public holidays. Where it becomes necessary to execute the work outside ordinary working hours because of the operation of clause 3(a) the additional cost to the contractor shall be deemed a variation and the total Price/Quoted contract price adjusted under clause 3(c) accordingly
- Payment
The client shall pay the Total Price/Quoted contract price within 7 days of the completion of the work under clause 2(c). If this does not occur then any unpaid balances will incur interest at the rate currently applicable, Uniform Civil Procedure Rule. The client shall pay all costs and expenses (including legal costs on an indemnity basis) incurred by the contractor and / or its agents in respect of a default by the client whether relating to the debt, possession of goods supplied or otherwise.
- Default
(a) If either party becomes bankrupt or being a corporation goes into liquidation then the other party may be written noticed terminates this agreement and recovery damages.
(b) If the client fails to make a progress payment or a payment when due within 21 days of the contractor delivering a claim for such payment, the contractor may after given written noticed of an intention to do so, suspend work forthwith. If the default continues for a further period of 7 days after the giving of the notice referred to, the contractor may be written notice terminates his or her employment under the contract.
(c) If the client interferes with or prevents the contractor from carrying out work then, The contractor may after giving written notice of an intention to do so suspend work forthwith. If the default continues for a further period of 7 calendar days after the giving of the notice first referred to, the contractor may be written notice terminates his or her employment under the contractor.
(d) In addition to terminating his or her employment under the contract, the contractor may recover damages
- Latent Conditions
(a) If the contractor encounters conditions that an inspection could not reasonably have disclosed, then the additional cost of executing the work shall be treated as a variation under clause 3 hereof.
(b) Notwithstanding sub clause (a) hereof, it is agreed between the client and contractor the contract price does not include the cost of excavating rock, reef or other impediment whether man made or otherwise and the additional cost of excavation and removal of such material shall be deemed a variation under clause 3 hereof.
(c) Should the contractor have his equipment caught and un-retrievable due to broken or damaged pipes then the additional costs associated with the contractor retrieving his equipment shall be treated as a variation under clause 3 hereof.
- Indemnity
The client indemnifies the contractor against any liability or claim arising out of the damages of the premises, the site or moveable property left at the site where the work is to be executed or in respect to injury to any person on the site or premises with the permission of the client provided that the contractor is not guilty of negligence that causes damage or injury.
- Insurance
The contractor share insure against, Liability under the workers compensation Act and at common law in respect of persons employed by the contractor, Liability to third persons in respect of personal injury and property damage, Loss or damages in the workplace and home warranty insurance where required.
- Warranties
(a) It is acknowledged between the client and contractor that where the work involves the rectification of a blockage, the removal of the source of the blockage does not guarantee that there will be no recurrence of the problem and that no warranty is given in this regard.
(b) It is further acknowledged that where plumbing work is commenced there are legal requirements whereby the contractor may be obliged to continue with the work until completion and to the extent required by law the rights of the client under clause 3 are modified.
(c) The presents of root growth or blockages generally indicates damaged pipes. The damage cannot be rectified by simply removing the root growth and clearing the drain. For that reason, removal of root growth or the blockage alone carries no warranty against similar blockages occurring in the future.
(d) The contractor gives no warranty in respect to any goods beyond the manufactures warranty.
(e) The Contractor will rectify proven defects in workmanship only to the extent of labour and material costs. This guarantee does not extend to personal loss, death or injury or economic, consequential or property damage of any kind whatsoever.
- Title of goods
Title of any goods remain the property of the contractor until payment in full has been received by the contractor and the contractor reserves the right to take possession of any goods for which it has not received payment.
- Dispute Resolution
If any dispute or differences concerning this agreements arises then either party may give the other written notices of the dispute. Within two weeks after the giving of such notice the parties shall meet at least once to attempt to resolve the dispute and the person attending must have the authority to agree to a resolution.
- Statutory Warranties
Where the work is residential building work within the meaning of the home building Act 1989 (NSW) the contractor gives the following statutory warranties;
(a) The work will be preformed in a proper and workmanlike manner and in accordance with the plans and specifications.
(b) Materials supplied by the contractor will be good and suitable for the purpose for which they are used, unless otherwise stated in the contract, those materials will be new.
(c) The work will be done in accordance with, and will comply with the home building Act and regulations or any other law.
(d) The work will be done with due diligence and within the time stipulated in the contract, or if no time is stipulated within a reasonable time.
(e) If the work consists of the making of alterations or additions to the dwelling or the repairing, renovation, decoration or protective treatment of a dwelling, the work will result, to the extent of the work conducted , in a dwelling that is reasonably fit for occupation as a dwelling.
(f) The work and any materials used in doing the work will be reasonably fit for the specified purpose or result. If the owners expressly makes known to the contractor or another person with express or apparent authority to enter into or to vary contractual arrangements on behalf of the contractor, the particular purpose for which the work is required or the result that the owner desires the work to achieve. So as to show that the owner relies on the contractors skill and judgment.