DEFINITIONS
“Agreement” means this Contractor Terms& Conditions and the Specific Purchase Order, as amended from time to time.
“Company” means WH Location Services Pty Ltd (ACN115817073) or Wickedly Enterprise (ACN 150 294 607) and any of its wholly owned subsidiaries that may be in existence from time to time (both now and in the future), as detailed on the Specific Purchase Order.
“Client” means the natural person or company specified in the Specific Purchase Order issued under the agreement.
“Contractor” means the natural person or company specified in the specific purchase order.
“Practical Completion” means the date agreed to be completed for the Contractor works and the head contract practical completion date.
“Head Contract” means the documented agreement the Contractor is performing work under within the specific purchase order.
“Privacy Act” refers to the Privacy Act 1988 (Cth) as amended from time to time.
Works
1. Goods supplied, or work carried out in respect of this contract shall, in all respects, be in accordance with the details and conditions of the Specific Purchase Order, and to the entire satisfaction of the company issuing the purchase order and shall fully comply with any relevant specifications upon which the Contractor’s offer is accepted.
2. The Contractor shall supply all personnel qualified to complete the works, tools, fixings, materials, and equipment to perform the nominated works, unless otherwise agreed and removal of waste, including site rectification to the company satisfaction.
3. The Contractor warrants that it has not relied on any information provided by Company in relation to the conditions on or within the site but has made its own investigations to verify the information and may not make any claims against the company as a consequence of those conditions, unless the company has an entitlement and approval from the principal to such a claim under the contract between the principal and the main Contractor.
4. The Contractor accepts responsibility for checking all drawings and documentation relevant to the works and shall report any discrepancies to the company who shall issue any necessary instructions as soon as is practicable.
5. If the scope of works requires a variation, then the Contractor shall notify the company and shall not proceed until the company issues written instruction. No payment for a variation will be made without evidence of the company’s written instruction and Contractor shall accept any reasonable request from the Company regarding the variance request to comply with the Head Contract.
6. The Contractor shall carry out all reasonable instructions issued by the company and carry out any variations to the work, which the company may require. Where it can be demonstrated that the additional work adversely affects the works program then the Contractor shall put forward a written request for an extension of time.
7. Any goods supplied or works carried out which are not in accordance with these conditions or are defective in any way as determined by the company, shall be removed, and replaced by the Contractor at his expense for the period until practical completion to the head Contractor and subsequent defects liability period.
8. The contract may be cancelled by the company in the event of the Contractor at any time failing to or being deemed unable to comply with any of the terms, conditions or warranties contained herein, or at the discretion of the company. Refer “Ending Agreement”
9. Without limiting any other clause of this subcontract or any other rights the company may have, if the Contractor fails to complete its performance of the delivery of goods/works/services by the date for practical completion, The company may back charge all costs to complete the works within the Specific Purchase Order which may also include any Liquidated Damages the company is charged as a result of non-completion.
10. The Contractor shall at all times leave the site in a safe, clean and tidy state, and be responsible for the disposal of his own rubbish. On completion of the Subcontract works, the Contractor shall complete a final site clean-up ensuring that the site is level and all remnant debris is removed.
11. The Contractor shall make themselves aware of all relevant Australian Standards, Occupational Health and Safety and Welfare Acts, and the requirements of any relevant Statutory Authority, as may be relevant to this agreement, and shall comply with their requirements at no additional cost to the company.
12. The Contractor shall be entirely responsible for all costs associated with trade union intervention and the Contractor shall undertake to prevent such intervention from occurring.
13. Unless otherwise agreed, retention monies will be deducted at the rates and terms noted in the Head Contract.
14. The Contractor shall be bound by the Terms and Conditions of the Head Contract which is available for inspection by request at the company’s office or by electronic media as deemed appropriate to the confidentiality requirements.
15. Unless otherwise agreed, the Contractor shall maintain his works in good order and condition until the Client grants Practical Completion covering the works undertaken by the Contractor.
16. The Contractor shall be responsible for complying with all statutory requirements regarding Goods and Services Tax, Income Tax and Payroll Tax in respect of himself and all others employed by him and shall comply with all the terms of any Awards of an appropriate Industrial Commission which relates to persons employed by Contractor.
17. Tax Invoices must be submitted by the Contractor to the company on a monthly basis by the 25th of the corresponding month unless agreed otherwise, with supporting recordings as required under the specific purchase order including but not limited to, time records, delivery records, material data sheets, and inspection hold test records.
18. The company will make payment once payment has been received from the Client and on payment claims within 45 days of the month end of an approved tax invoice receipted.
19. The Contractor must not engage any other Contractor’s to work on their behalf without the written consent of the company.
20. The Contractor must not change resources without the written consent of the company, notification in writing at all times and approval by the Company Project Manager.
General Matters
21. The Contractor must provide evidence of health, safety, environment (HSE) risk management processes and ensure that the Contractor and its workers, agents, subconsultants and Contractor’s comply with all relevant laws and comply with the Company’s reasonable directions in relations to HSE. The Contractor must also notify the Company in writing of any near miss, incident, injury or property damage or health and safety or environment regulator inquiry or intervention in connections with the performance of the subcontract.
22. The company may suspend part or all of the works at any time if there is any suspected or actual breach of an obligation under the previous paragraph 22, until such time as the breach is rectified to the Company’s satisfaction.
23. The contract agreement applies to all works the Contractor undertakes in connection with the project (including any variations, additional works and any work undertaken before the Contractor executed the contract under the specific purchase order).
24. If there is any inconsistency between these terms and any other document or agreement between the parties, these terms will prevail.
25. These terms and conditions are the entire agreement under the specific purchase order. The only duties, obligations and responsibilities the Company has arising from or in connection with the subject matter covered by the Contractor terms and conditions (including the works) are those expressly set out in the specific purchase order.
26. If any of these terms would be invalid, unenforceable or void, the relevant term must be read down to the maximum extent possible to prevent that occurring.
27. The Contractor terms and conditions can only be amended or varied in a written document signed by both parties. The Company can only waive its rights under or in connection with the agreement by a written document signed by a director of the Company.
28. The Contractor shall indemnify the Company against any claim by, or liability to, a third party arising from, in respect of or in connection with the performance or non-performance of the works and all expenses the Company incurs defending or settling such claim or liability.
29. Neither party may assign or transfer the Contractor terms and conditions or the specific purchase order or any right or obligation under the subcontract without the other party’s written consent.
30. The Contractor acknowledges that each party are independent entities, the Contractoris an independent Contractor andis in no way to be considered the company’s worker, partner, agent, or servant.
31. Any measuring and testing equipment to be used by the Contractor in the course of this agreement must be properly calibrated and fit for purpose. Proof of calibration shall be provided to the Company prior to use.
32. The Contractor represent, warrant and covenant that the Contractor shall comply with the Code for the Tendering and Performance of Building Work 2016 pursuant to the Building and Construction Industry (Improving Productivity) Act 2016 (Cth). The Contractorshall assist us in complying with the Code, including its mandatory reporting
Confidentiality, documents, and information
33. All information a party provides or creates is confidential, must only be used in connection with the project and must not be disclosed to any other person (unless the disclosure is authorised or required by law). The Contractor authorise the Company to disclose any information provided or created to the client, the Company’s workers, subconsultants and others involved with the project. The Contractor must not publicise information regarding the project (including its involvement with the project) without prior written approval by the Company.
34. Schedule of Rates – rates supplied will remain valid for a term of no less than12 months from the date of execution of the specific purchase order and then only by agreement in writing.
Ending the agreement
35. The Company may end the agreement at any time by giving The Contractor 7 days’ notice. If the Company end the agreement, The Company’s liability to the Contractor is limited to payment of the specific purchase order price for works completed and verified by the Company in accordance with the specific purchase order to the date on which the agreement ends.
36. The section headed “general matters” continues to operate after the specific purchase order is ended.
Insurance
37. The Contractor shall insure against liability for death or injury to persons employed by the Contractor. The Contractor shall take out Public Liability Insurance at a minimum of $20,000,000 until completion of the works and if required by the Company to cover the works by an all-risk policy. The Contractor shall insure that every contractor/subcontractor that it utilizes in the completion of the scope of works under the specific purchase order, provides to the Company evidence of the insurance policies listed in this paragraph prior to commencing work under the specific purchase order.
38. The Contractor shall provide certificates of currency confirming the insurances listed in paragraph 38 prior to beginning works under the specific purchase order.
Contractor HSE Requirements
The Western Australian Work Health and Safety Act 2020 places a legal duty on every employer to provide and maintain, as far as practicable, a working environment that is safe and without risks to health.
The Company continually strives to create and maintain a safe and healthy environment so that our workers, contractors, subcontractors, and clients are not exposed to hazards.
To be able to achieve this, the Company requires a commitment from the Contractor to fulfil its legal obligations.
- Duty of Care
The general duty of care concept lists the basic and over-riding responsibilities of employers, workers, and manufacturers to safety in the workplace. As an employer we must provide and maintain a working environment where people are not exposed to hazards. All Contractors and their workers have a duty to ensure their own safety and health at work and to avoid adversely affecting the safety and health of any person, through any act or omission at work.
- Occupational Health and Safety
The Company demonstrates its commitment to safety via the QHSE policy. The Company shall continually strive to improve the work environment for its Contractors; any issues the Contractor may encounter on site that can affect its workers/the Compaies workers or the Clients workers, should be raised with the site supervisor immediately.
- Safe Work Method Statement (SWMS) / Job Safety Analysis (JSA)
The Contractor shall be required to produce a SWMS and/or a JSA (Job Safety Analysis) before commencing works on site. This will be noted in any Site-Specific Correspondence.
- Accident Reporting
All accidents involving personal injury, damage to property or near misses/hazards must be reported immediately to the Supervisor in charge. An Incident Report Form will be supplied and must be completed and returned in a timely manner.
- Personal Protective Equipment (PPE)
Contractors shall make themselves aware of, and implement, the relevant safety codes regarding PPE. As a minimum, the company require All Contractor’s wear; high-sided steel cap safety boots, high visibility shirts or vests, safety glasses and gloves where practicable. Wide brim hats and sunscreen should be utilized when required. Hard hats will be worn on all construction sites, as signposted or directed. Eye, hearing, hand and respiratory protection are to be worn whenever there is a risk present or signage indicating such. Full body harness and lanyards are to be used when there is a danger of falling from heights. The use of such equipment should follow competency-based training.
- Manual Handling
It may be necessary for workers and Contractors to manually handle items during day-to-day activities. When the Contractors employees lift, carry, and move items, it is VERY IMPORTANT that each employee understands and uses correct lifting techniques. If a load is too heavy, the Contractor shall ensure the employees get assistance to handle the load safely.
- Hazardous Materials
Contractors are required to provide Material Safety Data Sheets for any dangerous or hazardous goods to be used on the Company projects. These must be always available on the work site.
- Emergency Procedures
All Contractors must make themselves familiar with the emergency procedures applicable to the worksite.
- Traffic Management
It is the Contractor’s responsibility to erect the appropriate signage and barricades whilst working on various worksites where the Contractors scope of work is being completed. The Contractor must also gain the appropriate traffic management certificates to erect these signs.
- White Cards
It is a requirement of the Company that all Contractors working on the Company projects have acquired a Safety Awareness Training Card (White Card). All Contractors employees are to keep these on their person and produce their cards on request to a Company representative.
- Fire
Good housekeeping and safe work procedures will prevent fires from occurring. Observe no smoking signs and find out what fire equipment is available in the Contractors work area and check it daily.
- Fitness for Work
The Fitness for Work Policy is based on the expectation that all persons arrive to work each and every day unaffected by alcohol or drugs. Personnel found under the influence of alcohol or drugs will be stood down and disciplinary action will be taken, in the form of verbal or written warnings or termination as severity dictates. Fighting with or assaulting anyone will also result in action up to and including termination. The Contractors employees shall agree to participate in the Companies Drug and Alcohol Policy, including Random on-site testing.
- Discipline
Any Contractor or Contractor’s employee who abuses any person on the worksite or in their daily interactions whether verbally or physically will also be subject to an action up to and including termination.
- Environment
All Contractors must complete an Environment Risk Assessment and Job Hazard Assessment to implement controls for exclusion zones and managing Environmentally Sensitive Areas where vehicles and personnel cannot enter, Biohazards, Waste Management, Flora and Fauna Protection Management, and Emissions Control.
- Mobile Phones
To ensure driver safety, all Contractor employees are reminded that the use of mobile phones while driving on site is prohibited, unless you are utilizing a hands-free kit.
- Vehicle Safety
All Contractor employees must have a license or certificate of competency prior to operating any vehicle. If a license expires or is suspended, the Site Supervisor must be notified immediately. If a Contractor employee has been prescribed medication that may affect the ability to drive, the Contractor and the employee must notify the Site Supervisor.
- Housekeeping
It is the responsibility of all Contractors employees to maintain a safe and tidy work area. Good housekeeping is the first principle of accident prevention. Remember a good job is a clean job and a clean job is a safe one.
- Electrical
When portable electrical equipment is used on the Company worksites, they must carry the colour coded Electrical Certification tag for that quarter, being: December to February Red tags | March to May Green tags | June to August Blue tags | September to November Yellow tags | Monthly Black tags
- Out of Service Tags
The Company uses “Out of Service” tags, these are a means of communicating that either a tool, mobile plant or any other piece of equipment is in need of repairs, replacement of parts, servicing or general maintenance work. The Contracgtors employees shall not use any equipment that has an “Out of Service” tag or “Danger” tag attached.
- Hours of Work
Contractors’ employees are not to work a period greater than 12 hours without authorisation from a Site Supervisor in writing or the Company General Manager.
- Heat and Cold
The main risks associated with working outdoors are over exposure to heat and cold. The risks associated with heat can be reduced by drinking a cup of water every half an hour, applying sunscreen every two hours and wearing lightweight clothing.
Summary of Information to be provided prior to Commencing Any Work onsite.
(a) Provide Contractor Risk Assessment
(b)Provide a complete and signed Project Specific SWMS for the works to be completed on site.
(c) Provide evidence of all Contractor employee WHITE CARD/s
(d) Provide Evidence of all Contractor employee qualifications required under the Project Specific SWMS
(e) Provide a specific “Plant Risk Assessment” for each item of powered mobile plant to be used.
(f) Provide a legible and current (last 5 years) Safety Data Sheets for hazardous substances or dangerous goods used on site.
(g) Provide evidence of registration certificate of plant or mobile equipment (by the state-based regulatory authority).
(h) Provide certificates of currency for Insurances listed in paragraph 38.
