1.Formation of contract

These are the only terms and conditions that apply to the contract formed between Combined Building Services ABN 21 653 664 665 (CBS) and the contractor that has accepted the Purchase Order (Contractor). The contract documents comprise the Purchaser Order, this page and any other documents expressly included by CBS (the Purchase Order having the highest precedence). This is the case notwithstanding the Contractor may negotiate its own terms and conditions with CBS during the negotiations concerning the contract.

 

2.Work

The work and or services to be performed by the Contractor is specified on the Purchase Order and supporting documentation (Work). The Work is to be performed by the Contractor in accordance with these terms and conditions. The Work is inclusive of any other minor or incidental work necessary for the Work, including without limitation finding, sourcing, purchasing, delivering, storing, installing, commissioning or testing any plant or equipment or providing scaffolding or hoisting equipment (as applicable).

 

3.Time

The Work is to be completed to the standard required by this Contract by the times (if any) specified in this Purchase Order. The Contractor will notify CBS as soon as possible of any event or circumstance which may delay it from completing the Work within time. If the reason for the delay is beyond the Contractor's reasonable control and it has done all that is reasonably possible to avoid or minimize the delay, CBS may extend the time in which the Works must be completed by. CBS will not be liable for any losses, costs or expenses incurred by the Contractor as a result of any such delay.

 

4.Access

CBS will provide or procure reasonable access to the Contractor to execute the Works should it be necessary. If CBS can only grant such access after obtaining such rights from a third party, then CBS's obligation is limited to such third party rights being obtained and is then provided to the Contractor subject to the terms and conditions of such third party access. The Contractor accesses any relevant site made available under this Contract at its own risk and indemnifies CBS in respect of any claims made against CBS arising in connection with the Contractors access to or use of the site.

 

5.Quality

The Contractor warrants to CBS that the Work will be fit for the purposes which they would ordinarily be required (and any other purpose notified by CBS). Any good supplied as part of the Works will be of merchantable quality and free from defects, compliant with the Australian building code and AS/NZS standards. Any services supplied as part of the Works will be provided in a professional and competent manner. All personnel of the Contractor performing the Works must have the required licenses or accreditations. If the Works form part of works CBS is providing to a head contractor, and CBS notifies the Contractor of the standard and quality of the work required by the head contractor, the Contractor agrees to perform the Works to at least that standard to enable CBS to meet its contractual obligations to the head contractor. If any of the Work or part of the Work is to be covered up, the Contractor must notify CBS 48 hours before the covering up and CBS may inspect the Work or that part of the Work. If the Contractor does not do so, then CBS may uncover, inspect and re-cover that Work or part of the Work at the contractor’s expense. All Work performed will be in accordance with legislative requirements and applicable codes and standards (or such other standards as specified in the Purchase Order).

 

6.Defects

If, within 12 months after the Work has been completed to CBS's, any defect in the Work or part of the Work is discovered, the Contractor must repair or rectify that defect, or replace the defective good or material at its expense. Any repaired, rectified or replaced part of the Work during this 12 month period will have a subsequent 12 month period in which any defect in that part of the Work must also be so repaired, rectified or replaced at the Contractor's expense. This defects liability period does not affect CBS's rights as common law in respect of the defect.

 

7.Documents and certificates

The Contractor must provide CBS with all documents in relation to the Work that may be required for the full use and engagement of the Work including without limitation certifications, maintenance and operating manuals, shop drawings, properly labeled keys, as built documentation and manufacturer's warranties. On request project reporting templates must be complete at the end of each month. The CBS safety management system may request and require sub-contractors to provide safety supporting documentation prior to onsite commencement.

 

8.Payment

Subject to the contractor’s compliance with these terms and conditions, CBS will pay the Contractor (in total) the Price stated in this Purchase Order for your carrying out of the Work, and this amount includes all costs and expenses associated with the carrying out of the Work (including all labour and costs of materials). This Price is fixed unless otherwise expressly agreed to in writing by CBS. The Contractor may claim payment for Work done in accordance with the Contract progressively however such claims are to be agreed on by CBS prior to making a claim. A payment claim must state the amount claimed and include a full and itemized description of the Work to which the claim relates to in sufficient detail for CBS to assess the claim. The amount claimed must be a proportion of the total price stated in the purchase order that is equal to the proportion of the Work done in relation to that claim. Without limiting any of CBS's rights of recovery by other means, CBS may set off any payment claim amount against any money owed by the Contractor to CBS under any account, should this be the case CBS will notify the Contractor of any such set off

 

amount and pay the Contractor the balance of the payment claim. CBS will pay all accounts in accordance with the contractor’s standard terms. All payments by CBS are on account only.

 

9.GST

Unless otherwise stated, any amounts payable under this purchase order are calculated or expressed exclusive of GST. If GST is payable by either party in relation to a supply under this purchase order, the recipient must pay the supplier an amount equal to the GST, however the supplier must first issue the recipient a valid tax invoice.

 

10.Variations

No work beyond the scope of the Work will be undertaken without the prior written approval or direction of CBS. If the Works are varied in accordance with these terms and conditions, the Price will be adjusted accordingly to either; the amended Price agreed between the parties or failing agreement, as valued by CBS based on fair and reasonable rates for commensurate works.

 

11.Title

Title to any part of the Work will pass from the Contractor to CBS on the supply, completion or installation of that part of the Work (as applicable).

 

12.Insurance

The Contractor must indemnify CBS against any liability, loss, cost or expense incurred by CBS arising out of or in connection with the Contractor carrying out of the Work. The Contractor must effect and maintain, from reputable insurers, all insurance policies that would be affected and maintained by a competent, experienced and prudent person carrying out work similar to the Work. Without limitation, that insurance includes contract works insurance and public liability insurance.

 

13.Termination and suspension

CBS may terminate this Purchase Order, or any part of it, without cause and at any time, or suspend the carrying out of the Work by up to 6 months, by giving the Contractor at least 2 business days' written notice. If CBS does so, CBS will be reimbursed for the Contractor's fair and reasonable costs directly incurred in carrying out the Work up to the date of that notice, but not including demobilization costs.

 

14.General

The Contractor may not assign the contract, nor subcontract the Works, without the prior written consent of CBS. If a provision in this Purchase Order would, but for this provision, be unenforceable that provision must be read down to the extent necessary to avoid that result and if it cannot be read down, it must be severed and this will not affect the validity or enforceability of the remainder of this Purchase Order.

 

15.WH&S Requirements

The Contractor will actively participate in C&R WHS legislative requirements as requested at no cost to CBS.

The contractor is required to comply with minimum safety standards as set out in the WHS (NUL) Act and Regulations.

This legislation requires the identification, assessment and control of all construction activity hazards and risks. Documented assessment and risk control is required in the form of a SWMS for all defined high risk work activities.                                    .

SWMS must be task and site specific & amended where work methods change or new hazards are identified.

Contractors will be required to provide relevant documents as requested to the for the management of high risk work activities, such as work at height, use of mobile plant and equipment, lifting and rigging and fall restraint and provide relevant high risk work

licences

Contractors are required to conduct on site work activities in compliance with all Work Health and safety legislation and CBS safety management system standards, in accordance with site rules and site specific induction guidelines and safety procedures.

Documents requested, Safe work method statements and competency verifications need to be provided and reviewed prior to onsite commencement.