Sekisui House

Contractor Agreement Terms and Conditions

NSW & ACT
This Agreement is between the Purchaser referred to on your purchase order ("the Company") and the contractor referred to on your purchase order ("the Contractor")

1. The Contractor agrees to supply labour and equipment and also to supply materials specified on your purchase order (if any) to produce the results specified on your purchase order in the Contractor's own time within the period of this Agreement.

2. The Contractor agrees that:
a) The work shall be carried out expeditiously with the Company's program and the plans and specifications for the job concerned and in a proper and workmanlike manner to the reasonable satisfaction of the company.
b) The Contractor agrees that all work shall be carried out with due regard for the safety of himself, his employees and any other workers on site, and further undertakes to notify the Company of any hazard or activity which renders the work environment unsafe, immediately it becomes apparent.
c) All debris resulting from the work shall be cleared by the Contractor and placed on the site where directed by the Company's Supervisor.
d) Any work which in the opinion of the Company is improperly executed, whether as regards to materials used or workmanship, must be rectified by the Contractor forthwith upon notice from the Company specifying the work to be rectified, in a manner and by use of the materials specified by the Company and if the Contractor shall refuse or neglect to begin to comply with such notice within twenty four hours after receipt the company may rectify the work and its cost of doing so shall be charged to the Contractor.
The Company shall be entitled to deduct from any monies which may at any time be payable to the Contractor by the Company, all costs charged to the Contractor.

3. The Contractor agrees that:
a) The Contractor agrees it will comply with all relevant legislation regulations and awards in relation to its employees and take out and maintain all relevant insurance, including public liability, personal accident and workers compensation insurance and indemnifies the Company against any claim against the Company by its employees as a result of or arising out of breach of this condition.
b) The Contractor must prior to the commencement of any work undertaken pursuant to this contract provide the Company a written statement in the form prescribed under section 175B of the Workers Compensation Act 1987 that all workers compensation premiums payable by the Contractor in respect of the work done in connection with the contract during any period of the contract have been paid, accompanied by a copy of any relevant certificate of currency in respect of that insurance and a statement by the contractor as to whether he is also a principal contractor in connection with the work given a written statement under that section in his capacity of principal contractor. The Contractor acknowledges that the Company may pursuant to that section with hold any payment due to the Contractor. The Contractor warrants that the written statement provided pursuant to that section is true and correct and acknowledges that the Company has no reason to suspect that the statement is false.
c) The Contractor will at all times comply with the provisions of the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001 and will cooperate with Workcover Inspectors in the provision of all information requested or otherwise as well as complying at its own expense with all notices issued by Workcover in respect of the work and conforming with any relevant industry Codes of Practice. The Contractor indemnifies the company against any loss or expense
suffered by the Company as a result of a failure by the Contractor to comply with the condition. The Company shall be entitled to deduct from any monies which may be at any time payable to the Contractor by the company any such loss or expenses.

4. The Contractor acknowledges:
a) The obligations imposed on the Contractor by Part VI Division 3A of the Tax Assessment Act.
b) The obligations imposed on the Contractor for the payment of Long Service Leave charges.
c) That no part or area of the project shall be used for advertising purposes other than that prescribed by the Home Building Act 1989.

5. The Company shall pay to the Contractor the price in so far as the works are concerned upon satisfactory completion subject to conditions 3(d) and 4(d) & (e) above.

Material Order Terms & Conditions
1. These terms and conditions take precedence over the Suppliers conditions of sale.
2. The Company reserves the right to reject, at the suppliers expense any materials which do not conform to the details shown on your purchase order or which are not fit for use for their purpose.
3. All delivery of goods shall be made in accordance with normal progress of the job to ensure that delays do not occur
4. Only the goods requested on your purchase order shall be charged to the Company with the order number clearly noted on the invoice.
5. No part of the project shall be used for advertising other than that prescribed by the Building Licensing Act.
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