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Australian Building & Construction Groups - Trade Service StandardsThe following document is designed to outline the service standards between yourself (the subcontractor) and Australian Building & Construction Group (PTY LTD) and form an agreement between both parties. The subcontractor confirms acceptance of this document under the provided work order, and by performing the work order confirms acceptance of all items within the ‘Trade Service Standards’ document. This Agreement shall be deemed to have been entered into by both parties upon commencement of Work, notwithstanding that one party, or both parties, have not signed this document.
THE SUBCONTRACTOR WARRANTS TO ABC GROUP THAT:
A. Work will be performed in accordance with this Agreement, plans, specification, scope of works and Works Request.
B. All materials supplied by the Subcontractor will be good and suitable for the purpose for which they are used and that, unless otherwise stated in the Works Request, those materials will be new.
C. Work will be performed in accordance with, and will comply with the requirements of all:
I. statutes (including regulations),
II. codes (including the Building Code of Australia), and Australian Standards.
D. The Subcontractor had an opportunity to thoroughly inspect each Site, including any prior work, existing structures, materials and conditions.
E. The Subcontractor had allowed for in its rates and lump sum and accepts the liability for all risks, hazards and difficulties including, whatsoever, materials handling and deliveries, traffic management, adjacent properties, site safety and public safety.
F. The Subcontractor acknowledges that ABC Group makes no representation to the Subcontractor in relation the volume of work that may be allocated to it.
WARRANTY / GUARANTEE
A. The Subcontractor irrevocable provide and will be bound by the Warranty / guarantee set out in the Definitions clause.
Australian Building & Construction Groups - Trade Service StandardsGENERAL TRADE SERVICE REQUIREMENTS
A. manage its work load to ensure all Services are completed in a timely manner with minimal delays;
B. ensure that it communicates in a timely manner with the customers, its staff and any relevant contractors or subcontractors in relation to the Services;
C. not hinder (and ensure that its Employees do not hinder) ABC Groups' employees, agents or contractors in fulfilling their responsibilities;
D. not make or purport to make (nor allow its Employees to make purport to make) any representations or statements on behalf of ABC Group without ABC Group's written consent;
E. Not engage in (nor allow its Employees to engage in) any conduct or activity which is likely to bring ABC Group or an Insurer into disrepute;
F. treat (and ensure that its Employees who are involved in the Services) treat ABC Group's employees, agents and contractors and Customers with courtesy and respect at all times;
G. in the event of any period of increased claims volumes, comply with the following requirements:
I. Subject to work in progress at the time of ABC Group's request, give preference to ABC Group and;
II. Comply with all ABC Group's other reasonable requirements.
H. not at any time engage in conduct or make any statement or representation that is reasonably likely to have the effect of creating a misleading impression that it is a Subcontractor other than a Subcontractor of the Services, or that its services other than the Services are in any way endorsed by ABC Group.
I. ensure that appropriate occupational health and safety systems, processes, policies and procedures (Systems) are in place irrespective of whether or not such Systems are developed, required or recommended by ABC Group for the provision of the Services and any incidental work;
J. advise ABC Group immediately in writing if, at any time, it does not have the capacity available to perform further services that may be allocated to it by ABC Group;
K. not use any of the Trade Marks, including in any signage, in the promotion of its business or otherwise except to the extent that ABC Group have authorised it to use Trade Marks.
Australian Building & Construction Groups - Trade Service StandardsL. comply with, and ensure that its Employees and subcontractors comply with, the General Insurance Code of Practice issued by the Insurance Council of Australia (as amended from time to time) Code) and ensure
that it and its Employees and subcontractors understand ABC Group's obligations under the Code.
M. acknowledge that those employees who provide the Services are its employees and are not the employees or agents of ABC Group.
N. retain control of its Employees and retain all rights, powers and responsibilities of an employer (if those Employees are employees) under statute, common law or industrial instrument including, but not limited to, the payment of salaries or wages, payroll tax, tax instalment deductions, annual leave, long service leave. sick leave, worker's compensation insurance and employee' liability insurance and the determination of work hours and employment termination;
O. ensure that any of its Employees who carry out the Services have appropriate skills and training and hold all appropriate licenses and qualifications required to carry out the Services;
P. remain subject to all duties and obligations provided for by this agreement in respect of the performance of any Services which are performed by any subcontractor, or their respective employees or agents, on the Subcontractor's behalf;
Q. will be liable to ABC Group for the acts and omissions of its subcontractors and their respective employees and agents as if they were Subcontractor's acts or omissions.
R. pay any subcontractor directly for providing any Services on its behalf promptly in accordance with any terms between it and the subcontractor, or otherwise within a reasonable time in accordance with the standard terms of trade applicable to the industry;
S. pay any subcontractor immediately when requested by ABC Group if ABC Group have paid the Subcontractor for any Services performed by the sub-contractor on its behalf;
T. ensure that its employees or any other person engaged to perform the Services on its behalf do not carry out the Services unless it is safe to do so, and carry out the Services safely;
U. ensure that its Employees and subcontractors are adequately and regularly trained in matters of occupational health and safety and are current in first aid;
V. ensure that its subcontractors that perform Services on its behalf do so in accordance with the terms of, to the level of performance required by, and consistent with the Subcontractor's obligations under, this agreement; and
W. ensure that its subcontractors comply with all reasonable requests or directions given or required by the Subcontractor or ABC Group.
X. Where a Customer has made a complaint to ABC Group for any reason in respect of any of the Subcontractor's Employees, ABC Group may, in their sole discretion, require that the Subcontractor does not use the relevant Employee(s) to assist it in the provision of the Services to that Customer or Customers in general, and the Subcontractor must comply with that requirement.
Australian Building & Construction Groups - Trade Service StandardsINSURANCES
A. The Subcontractor shall insure against personal accident and any legal liability, loss, claim or proceeding whatsoever arising at Common Law or by virtue of any statute relating to Workers Compensation to or by any person employed by the Subcontractor or for whom the Subcontractor is responsible and the Subcontractor shall before commencement of work furnish to ABC Group evidence that such insurances are valid and shall remain valid for the duration of this Agreement and all Works Requests. The Subcontractor shall affect public and product liability insurance for an amount of not less than AUD $10,000,000 for each and every occurrence and the Subcontractor shall before commencement of work furnish to ABC Group evidence that such insurances are valid and shall remain valid for the duration of this Contract and all Works Request.
B. The Subcontractor will also maintain appropriate levels of contracts works material damage and public liability insurance (including cover for extra costs of reinstatement, demolition, and removal of debris), home warranty insurance in accordance with the requirements of the laws of the State or Territory in which the Building Services are taking place and any builder's insurance required under the laws of, or recommended by the relevant builders' association in, the State or Territory in which the Services are taking place.
C. The Subcontractor must ensure that each of its subcontractors is similarly insured as required by this section as is appropriate given the nature of the works to be carried out by the subcontractor.
OCCUPATIONAL HEALTH AND SAFETY (OH&S)
A. The Subcontractor shall prepare a Site Safety Plan including a job specific Safe Work Method Statement in relation to each Works Request prior to commencement. This Site Safety Plan shall be kept on site and visible to all employees, sub-contractors on site.
B. The subcontractor warrants that all work is to be performed in accordance with OH&S, and must call ABC Group’s office or the instructing party for the work order of any risk on site.
PAYMENT
A. Payment will be made by ABC Group in accordance with the work order as outlined, unless specified otherwise in the Works Request. Payment is not evidence of the value of work, or an admission of liability or that the work is satisfactory, but is a payment.
B. ABC Group may set off any amounts that the Subcontractor owes to it against any amount that it owes to the Subcontractor, in each case regardless of whether such amounts arose under this agreement or any other agreement between ABC Group and the Subcontractor or arising for any other cause of action ABC Group may have against the Subcontractor.
Australian Building & Construction Groups - Trade Service StandardsLICENSED PERSON, REGISTRATION OR ACCREDITATION AND PERMIT WARRANTIES
A. The Subcontractor warrants that it is a suitably licensed person, registered or accredited and has the necessary permits under the appropriate State or Territory legislation to perform work in the State or Territory in which the works are to be performed.
WORK REQUEST SUM
A. Any changes of the quantity of work listed in the Works Request and the associated Scope of Works or future Work Requests cannot be construed to represent a variation or as giving the Subcontractor a right under this Agreement to any change in the Subcontract, Fixed Lump Sums, or to any monetary compensation.
B. The Subcontractor shall provide a labour and materials breakdown and submit a Tax Invoice as per the example at Part II.
C. The Subcontractor shall provide quantities of the works for the sole purpose of assisting in the valuation of progress payments and variations of the Contract Terms and Conditions.
D. The total of all payments made by ABC Group to the Subcontractor for the work under the Work Request will amount to the Work Request Sum, less any deductions ABC Group may be entitled to make in accordance with this Agreement.
E. Any change in the quantity of work listed in the Work Request must not be construed to represent a variation or as giving the Subcontractor right under this Agreement to any extension to the Date for Substantial Completion, or to any monetary compensation, unless such change arises from a variation directed in accordance with the Contract Terms and Conditions.
Australian Building & Construction Groups - Trade Service StandardsCOMMENCEMENT AND COMPLETION
A. The work for each project will be specified in a Works Request and shall be commenced and completed to the satisfaction of ABC Group in accordance with this Agreement and the Works Request standards and the Subcontractor warrants that it is able to and will perform its obligations and will, in any event, complete the work under this Agreement by the nominated Date for Completion.
B. The Subcontractor shall maintain comprehensive and detailed records of the work as required and set out in this Agreement and Work Request, including photographic evidence of progress and submit them to ABC Group along with progress claims, statutory declaration and Subcontractor's statement to determine percentage of work. On completion of work submit the Tax Invoice (Part II) with all relevant documents.
C. Completion of the Works shall include all warranties, guarantees, manuals, commissioning documents, certifications, as built drawings and other relevant statutory documentation.
D. The Subcontractor shall co-ordinate the works with that of ABC Group and any other Subcontractors on the site and shall inform ABC Group of any delay that will, or is likely to, affect the capacity of the Subcontractor to complete the works and shall, where the Subcontractor has done everything possible to limit the extent and duration of the delay and the delay has been caused by a breach of this Agreement by ABC Group or a suspension directed under this Agreement or a variation, be entitled to a reasonable extension of the time provided for Substantial Completion of the Works. If no notice is given in accordance with this clause, the Subcontractor must submit a claim within 2 working days from the event, if the claim is not submitted within the time frame the Subcontractor's right to seek any extension of time shall be deemed to be abandoned.
E. The Subcontractor must in respect of each Works Request:
F. immediately advise ABC Group if any of the Services fall outside the scope of its licence, qualifications or expertise or if it is not capable of performing any Services to an acceptable industry standard.
G. perform the Services in accordance with the reasonable directions given by ABC Group from time to time;
H. provide a consistently high level of customer service to Customers and their representatives including, without limitation, being receptive to Customers' needs and discussing their needs with them;
I. demonstrate honesty, integrity, courtesy and professionalism at all times;
J. ensure that all repairs that it carries out meet acceptable industry standards of quality and safety, and return the Customer's Property to at least its pre incident condition (or as close to this standard as is reasonably possible);
Australian Building & Construction Groups - Trade Service StandardsCOMMENCEMENT AND COMPLETION (CONT)
K. contact ABC Group if it is in doubt as to the method of repair that should be used when repairing a Customer's Property in order to meet its obligations under this agreement. ABC Group will then specify the method of repair that ABC Group require;
L. if requested by ABC Group provide evidence to a court or tribunal in respect of damage sustained or repair work required to be carried out to a Customer's Property.
M. if reasonably requested by ABC Group, provide ABC Group with progress reports with the degree of frequency specified by ABC Group to the Subcontractor from time to time;
N. not solicit or receive any commission, payment or other benefit directly or indirectly in relation to any Services in connection with a Claim from any person whatsoever except for the payment to be made to ABC Group pursuant to clause 12;
O. obtain confirmation from ABC Group where it is unsure whether Building Services requested directly by a Customer fall within the Claim or where a Customer asks the Subcontractor to carry out additional work that is not covered by the Works Request;
P. avoid any conflict of interest in the provision of the Services and, in particular, notify ABC Group before commencing any Services for a Customer, or ABC Group in relation to a Customer, who is:
Q. the Subcontractor or a member of its family (or, if the Subcontractor is a company, a director or shareholder of the company, or a member of a director's or shareholder's family);
R. the Subcontractors employee;
S. a contractor of the Subcontractor's business; or
T. any other person with whom the Subcontractor (or if the Subcontractor is a company, any of the company's directors or shareholders) has a relationship which might reasonably be considered to affect the objectivity of the Subcontractor's judgement.
U. immediately notify ABC Group if it appears to it that a Customer's Property has any damage which is not related to the incident in respect of which the Customer has lodged a claim with ABC Group.
V. immediately notify ABC Group if it appears to it that a Customer's Property has any damage in relation to the Claim which is intentional damage; and
W. immediately notify ABC Group if it appears to it that a Claim in respect of damage to a Customer's Property is of a fraudulent nature. If a Claim appears to be of a fraudulent nature, work is not to be commenced repairing the Customer's Property until advised by ABC Group.
Australian Building & Construction Groups - Trade Service StandardsVARIATIONS
A. If the Subcontractor considers that any direction is a variation, or a direction stated in writing by ABC Group is considered to be a variation, then the Subcontractor shall, in writing, notify ABC Group within 1 working days of the direction (but prior to commencing the Work) of the following:
I. describe the variation,
II. state why there is a variation,
III. state what effect the variation will have on the Work as a whole being carried out under this Contract and relevant Works Request, and
IV. any variations submitted must be broken into labour and materials.
B. ABC Group in its discretion may request material invoices and day labour sheets to substantiate such variations. The Subcontractor must not give effect or perform the variation unless ABC Group gives the Subcontractor a signed consent to the variation.
C. ABC Group may, by variation, delete work and have that or similar work carried out at any time by others. The Subcontractor shall have no entitlement to time or monies on the grounds that others carry out work deleted by variation. If the Subcontractor does not comply with this sub-clause, it will not be entitled to payment or Claim to complying with the direction and hereby releases ABC Group from any Claim.
Australian Building & Construction Groups - Trade Service StandardsSUBCONTRACTOR DEFAULT
A. If the Subcontractor commits a breach of this Contract or a Works Request then, without limiting any other right of ABC Group, upon such breach or repudiation by the Subcontractor, ABC Group may in writing issue a notice entitled "Notice of Subcontractor Default". Upon giving such a notice ABC Group may suspend payments to the Subcontractor until the respective entitlements of the parties, consequent upon the service of that notice, are agreed or determined.
B. If the Subcontractor fails to show reasonable cause why ABC Group should not exercise a right under this clause then ABC Group may, by immediate notice in writing to the Subcontractor:
I. take out of the hands of the Subcontractor the whole or part of the work remaining to be completed and retain others to perform the obligation on the Subcontractor's behalf and recover all direct and indirect costs and losses of so doing from the Subcontractor as a debt due to ABC Group including an overhead charge of 18%, and
II. terminate this Agreement
C. The Notice of Subcontractor Default shall:
I. specify the alleged substantial breach,
II. require the Subcontractor to show cause in writing why ABC Group should not exercise its rights.
D. If ABC Group exercises a right set out in this clause the Subcontractor shall not be entitled to any further payment in respect of the work taken out of the hands of the Subcontractor.
ABC GROUP'S DEFAULT
A. The Subcontractor shall have no claim; other than for an extension of time where so provided under this Agreement and relevant Works Request, in connection with any delay or disruption to work under this Agreement and relevant Works Request whether the delay or disruption arises from a breach by ABC Group of an express term of this Agreement or otherwise.
Australian Building & Construction Groups - Trade Service StandardsDEFECTS LIABILITY
A. The Subcontractor shall be responsible for the rectification of any defects or other faults in the Works at its own expense.
B. If ABC Group finds that any Services performed by the Subcontractor or part or materials used by it in repairing a Customer's Property are defective or do not comply with the standards required by this agreement ABC Group may:
I. require the Subcontractor to fix the defect at its expense and pay ABC Group their reasonable costs (which must be done using a method of repair agreed with ABC Group and with minimum inconvenience to the Customer);
II. arrange for another preferred builder of ABC Group to fix the defect at the Subcontractors expense and the Subcontractor must pay ABC Group their reasonable costs (if any) if ABC Group ask it to;
III. require the Subcontractor to pay the Customer compensation for any reasonably related loss caused to the Customer as a result of the defect; or
IV. terminate this agreement without any payments made for the defective work.
C. If in the provision of the Services the Subcontractor carries out work or supplies any materials that give rise to a Customer making a claim or dispute, the Subcontractor agrees:
I. to allow ABC Group to inspect and carry out an audit of such work or materials and to cooperate with ABC Group in their enquiries:
II. to resolve any claim or dispute in accordance with any of ABC Group's procedures or requirements, as notified to it from time to time; and
III. to comply with the terms of the Warranty / Guarantee.
D. The Subcontractor must immediately refer any claim or dispute with a Customer to ABC Group to be handled by ABC Group and it will cooperate with ABC Group in the resolution of the claim or dispute.
Australian Building & Construction Groups - Trade Service StandardsINDEMNITY
A. The Subcontractor:
I. agrees to indemnify ABC Group for any Loss or Claim in connection with or arising in any way out of:
A. any act or omission by it, or its employees, contractors or agents in breach of this agreement or any legislation; including any legal costs payable arising from its defective work; or
B. its negligence, wilful misconduct or fraud or the negligence, wilful misconduct or fraud of its Employees, contractors or agents in connection with this agreement; or
C. any breach of any other provision of this Agreement
II. will indemnify ABC Group against any Loss or Claim in connection with any injury or disability suffered by and Employee, whether the Employee is its agent, employee or contractor in relation to the performance of its obligations under this agreement.
III. must indemnify ABC Group in respect of any Loss or Claim out of or in connection with a breach of the obligations of the Subcontractor or its Representatives under this clause or for a breach of Privacy Law.
B. ABC Group shall have no liability to the Subcontractor or to a subcontractor arising from any act, default, omission or breach of contract arising from any subcontract between the Subcontractor and its subcontractor.
C. This indemnity shall survive the termination or expiry of this agreement.
DISPUTES
A. If a difference or dispute between the parties arises then either party shall, by hand or by registered post, give the other party a written notice of dispute adequately identifying and providing details of the dispute.
B. The parties shall confer at least once to resolve the dispute or to agree on methods of doing so within 14 days after receiving a notice of dispute.
C. If the dispute has not been resolved within 28 days of service of the notice of dispute the parties hereby agree that any such dispute shall, unless the parties can agree upon a mediator, be referred to a mediator nominated by the President for the time being of the Australian Institute of Arbitrators and Mediators (AIA&M) or his nominee in the State or Territory of the Works.
D. If any dispute is not settled within 14 days of the appointment of a mediator, then either party may refer the matter to expert determination.
Australian Building & Construction Groups - Trade Service StandardsDEFINITIONS
Assessment Services means any of the following
A. determining the extent of damage to a Customer's Property;
B. advising ABC Group of the most appropriate repair or reinstatement method;
C. providing ABC Group with an Assessment Report;
D. any other services that the Subcontractor provides to ABC Group in connection with a Claim.
Building Services means repairing or reinstating a Property or any other building services provided to a Customer in connection with a Claim.Claim means any claim made under an insurance policy.Customer means a person who holds a Policy.Employee means any of the Subcontractor's company officers, employees, contractors or agents.Policy means an insurance policy issued, underwritten or under which claims are managed by an insurance company.Progress Report means a report detailing the progress of the Subcontractor's performance of the Building Services in a form required by ABC Group from time to time.Property means any building or structure of any description, covered by a Policy.Services mean Assessment Services, Building Services and any other services to be provided to ABC Group or a Customer under this agreement.Trade Mark means any trade mark or service mark (whether registered or unregistered) of ABC Group.
Warranty / Guarantee means in addition to any statutory warranty, warranties and obligations set out below:
A. The following warranties are implied in all Services provided by the Subcontractor under this agreement:
• that the Services will be performed in a proper and workmanlike manner and in accordance with the plans and specifications specified;
• that all materials supplied will be good and suitable for the purpose for which they are used and that, unless otherwise stated, will be new;
• that the Services will be done in accordance with, and will comply with, any other law;
• that the Services will be done with due diligence and within the time stipulated, or if no time is stipulated, within a reasonable period of time;
• that, if the Services consist of the construction of a dwelling, the making of alternations or additions to a 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;
• that the Services and any materials used in carrying out the Services will be reasonably fit for the specified purpose or result, if the Customer expressly makes it known to the Supplier the particular purpose for which the Services are required or the result that the Customer desires the Services to achieve, so as to show that the Customer relies on the Subcontractors skill and judgement.
• in relation to materials the same as that given by the manufacturer of the materials.
B. Other than for materials supplied, this Warranty / Guarantee is valid for a period of 6 years or such longer period as is required in relation to statutory warranties in respect of the Services under the relevant legislation. For materials supplied, this Warranty / Guarantee is valid for a period not exceeding the period of the manufacturer's warranty or such longer period as is required in relation to statutory warranties in respect of the materials under the relevant legislation.
A. Proceedings for breach of a Warranty / Guarantee must be commenced within 7 years after the completion of the work, or if the work is not completed, the date of stoppel work.
B. Without limiting the above, if a claim, complaint or dispute arises, the Subcontractor must:
I. attend the site and assess the work;
II. take appropriate action to rectify the work to the reasonable satisfaction of ABC Group and the Customer;
III. if the Subcontractor does not consider the issue to be within their original scope of work, or their responsibility, the matt er is to be referred to ABC Group. If ABC Group reasonably determines that the Subcontractor is responsible for rectification of the work, then the Subcontractor will rectif y the work accordingly. If the Subcontractor disagrees as to whether the work comes within their obligations, they will, if require d by ABC Group, carry out the work but will be entitled to refer the dispute to an independent expert within 3 business days of giving ABC Group written notice.
C. It is the Subcontractors responsibility to notify ABC Group in writing of any rectification work under a Warranty Guarantee within 5 business days of initial notification by the Customer and to keep ABC Group informed in writing as to the progress of any such rectification work.
INTERPRETATIONIn this document, the following rules of interpretation apply unless the context requires otherwise:
A. Headings are for ease of reference only and affect or form part of the interpretation of this document.
B. The singular includes the plural and vice versa and a gender reference includes all genders.
C. Other grammatical forms of defined words or expressions have a corresponding meaning.
D. A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity whether or not it com prises a separate legal entity.
E. A reference to a clause, schedule or appendix reference to a clause of, schedule or appendix to or of, this agreement. A refe rence to this agreement includes its schedules, annexures and attachments.
F. A reference to a party includes the party's administrators, executors, successors, permitted substitutes, permitted assigns, an, where applicable, the party's legal personal representatives.
G. A reference to a document includes reference to that document as amended, supplemented novated or replaced from time to time, except to the extent prohibited by that document.
H. A reference to conduct includes an act, omission, statement or undertaking, whether or not in writing.
I. A reference to writing includes any method of representing or reproducing words, figures, drawings or symbol in a visible and tangible form.
J. Mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be include d.
K. A reference to a business day means a day (other than a Saturday, Sunday or public holiday) on which the banks are open for general banking business in (Brisbane).
L. A reference to dollars or $ is a reference to Australia dollars.
M. A reference to any legislation is a reference to that legislation as modified or re-enacted from time to time, and includes all regulations and statutory instruments issued under it.
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