WORK ORDER TERMS AND CONDITIONS
1. Agreement
1.1 This Work Order has been issued by the Agent / Manager (as referred to or defined in the Strata Management Agency Agreement (NSW), Contract of Appointment (VIC) and the Administration Agreement (QLD) on behalf of the Owners Corporation / Body Corporate (Owners) and as a function of any agreement made between them.
1.2 The issuing of a Work Order by the Agent / Manager represents the whole delegated / authorised function. The Agent / Manager has not been and will not have the authority to engage, give instructions or supervision the Contractor in the performance of and or the delivery of the Goods and/or Services.
1.3 The Contractor is taken to have accepted a Work Order if it notifies the Owners of its acceptance or at such earlier time as it delivers, or commences to deliver, or perform the Goods and/or Services. These Terms and Conditions apply between the parties as a binding agreement from the time of the Contractor’s acceptance, as defined in this clause, and the Contractor agrees to supply the Goods and/or perform the Services.
1.4 If there is any inconsistency, ambiguity or discrepancy between any provision in any of the following, the order of priority in the interpretation of the provision will be in the order of:
(a) an existing written contract between the Owners and the Contractor for goods and/or services of the kind described in the Work Order as Goods and/or Services;
(b) these Terms and Conditions;
(c) any other terms and conditions expressly incorporated into the Work Order;
(d) any document annexed or attached to the Work Order, or
(e) any document proffered by the Contractor which has been signed on behalf of the Owner and returned to the Contractor.
1.5 No amendment or variation to any part of the Work Order will be binding on the parties unless approved in writing by the Owners.
1.6 The Contractor must not subcontract or assign all or any part of the Work Order without the prior written approval of the Owners.
1.7 Where the Contractor subcontracts any of its obligations under this Work Order, the Contractor remains liable for the performance of all its obligations under the Work Order.
1.8 NSW ONLY: This Work Order is served on the Owners Corporation pursuant to Section 55 of the Strata Schemes Management Act 2015.
2. Performance and quality
2.1 The Contractor warrants that:
(a) They have successfully completed and will maintain up to date, all relevant licences, insurances and other documentation as requested by the Agent/Manager and or Owners, through a third party provider of the Agent/Managers choice and at their own cost.
(b) the Contractor and all personnel engaged by it in connection with carrying out the obligations of the Work Order have the resources and the qualifications, licenses, competence, skill and knowledge to perform the Services and/or complete delivery of the Goods;
(c) the Goods and/or Services will be fit for the purpose intended and fit the description (and any samples provided to or by the Owners) of the Goods and/or Services referred to in the Work Order;
(d) the Goods and any applicable installation of them or other materials will be complete, accurate, of merchantable quality and free from defects in design, constitution, workmanship;
(e) it has all rights, title, licences, interests and property necessary to provide the Goods and/or perform the Services;
(f) where applicable it is entitled to use and licence, free from encumbrances, any Intellectual Property rights used or transferred to the Owners under this Work Order and the use of the Goods and/or Services or any licence will not infringe the rights of any owner of the Intellectual Property; and
(g) it will supply to the Owners all documentation associated with the use of the Goods and/or Services.
2.2 The warranty period for the Goods and/or Services provided pursuant to a Work Order is the period of 12 Months commencing on the date that the Contractor has completed the Services or delivered the Goods provided pursuant to a Work Order.
2.3 During the warranty period the Owners may give written notice to the Contractor of any failure or defect in the Goods and/or Services.
2.4 The Contractor must promptly correct any defect or failure in the Goods and/or Services at no cost to the Owners by repair, replacement, modification or other means acceptable to the Owners.
2.5 If the Contractor fails to correct any defect or failure of which it has been notified by the Owners within the time specified in the notice (which shall not be unreasonable), the Owners shall have the right to rectify the defect or failure itself or have the rectification undertaken by a third party. All costs incurred shall be a debt due and payable by the Contractor to the Owners and may be deducted from moneys which may otherwise be payable by the Owners to the Contractor.
2.6 The Contractor represents and warrants that it has carefully examined any documents furnished by the Owners and fully satisfied itself regarding all the conditions, risks, contingencies and other circumstances including site conditions which might affect the supply of the Goods and/or performance of the Services.
2.7 The warranties referred to in this Work Order are in addition to any statutory warranties applicable to the Goods and/or Services.
3. Regulations, Notices, Fees and Consents
3.1 The Contractor must comply with the requirements of all Authorities having jurisdiction over the site (including local councils) where the Services are to be provided and must obtain all approvals, give and receive all notices and pay all fees and deposits.
3.2 The Contractor must comply with all relevant legislation, Australian Standards, Codes and any Federal/State/Local government directives.
3.3 The contractor must carry out its own risk assessment based on the prevailing circumstances and site conditions.
3.4 Where the Work exceeds $5,000 inclusive of GST or ($3,300 inclusive of GST in QLD) the Contractor has a legislative obligation to enter into a written contract with the Owners prior to the commencement of work.
3.5 The Contractor must ensure that the Owners will be entitled to receive the benefits from any agreed preferred rates and or pricing as agreed by the Agent/Manager for the goods and or services.
4. Commencement and Completion
4.1 If the Contractor, for any reason, is not able to commence the Services by the Commence By date or is not able to complete the Services within the time stated in the Work Order, they must document any exceptions and immediately notify and inform the Owners providing all details of the relevant facts and circumstances and an estimate of the time by which he can complete the Services.
4.2 The Contractor is not to proceed with the provision of any Services unless and until the Owners have approved a variation to the time.
4.3 The Owners are not obliged to approve a variation to a time stated in a Work Order. The Owners may in its absolute discretion elect to close off a Work Order if the Contractor is unable to meet the time stated in a Work Order.
4.4 The Owners may at any time change the Commence By or Complete By date/s by giving written notification to the Contractor
4.5 If the Contractor becomes aware that a delay in delivery of Goods and/or Services may or will occur, it must notify the Owners promptly. The Owners may in its discretion grant an extension of time to any specified delivery date provided that the delay is due to a cause beyond the reasonable control of the Contractor and further provided that the Contractor satisfies the Owners that it has used its best endeavours to prevent or overcome the delay.
5. Delivery of goods and services
5.1 Unless otherwise specified in the Work Order, the Goods shall be delivered by the Contractor to the nominated address, adequately packaged and protected to ensure safe delivery to the delivery point and by the date specified in the Work Order. The Goods shall be accompanied by a delivery document which identifies the Work Order’s specific number.
5.2 In respect of any Goods supplied, property of the Goods will pass upon the earlier of:
(a) payment being made in respect of those Goods; or
(b) those Goods being fixed to or incorporated into the Owner’s existing property.
5.3 Notwithstanding 5.2, the Contractor shall, for a reasonable period after delivery, be responsible for any loss or damage to the Goods which may have occurred prior to delivery and for any noncompliance of the Goods, at the time of delivery, with the requirements of the Work Order.
6. Suspension and termination
6.1 The Owners may at any time by written notice suspend all or part of the Work Order for any reason whatsoever. The Contractor must cease work according to the notice of suspension upon receipt of the notice.
6.2 The Contractor must resume the work under the Work Order promptly upon any notice by the Owners that the suspension is to cease.
6.3 In the event of a breach by the Contractor of any material term or condition of the Work Order which is not capable of remedy or is not remedied within seven (7) days of being notified of the breach, the Owners may terminate the Work Order in whole or part by written notice to the Contractor. For the purposes of this clause 6.3, a failure to perform any obligation by the time stipulated in the Work Order is deemed to be a breach of a material term or condition of this Work Order.
6.4 The Owners may terminate this Work Order by written notice to the Contractor if the Contractor is or becomes subject to proceedings which may result in the Contractor becoming bankrupt, wound up, under voluntary liquidation or subject to the control of a receiver.
6.5 Notwithstanding any other provision of this Work Order, the Owners may terminate the Work Order at any time.
6.6 In the event of suspension under clause 6.1 or termination under clause 6.5 the Contractor shall:
(a) where the Owners have not yet paid the Contractor, be entitled to payment by the Owners for any reasonable costs actually incurred by the Contractor as a direct result of the suspension or termination up to the date the suspension ceased or the date of termination, provided the Contractor provides adequate evidence of its costs to the Owners; and
(b) where the Owners have paid the Contractor, reimburse Owner for the Goods and/or Services not yet delivered or supplied to Owner, within 14 days of termination.
6.7 The warranties in clause 2.1 and the provisions of clause 8, survive the termination of the Work Order.
7. Payment
7.1 Except as otherwise specified in the Work Order, the Owners shall arrange payment, of the Contractor’s correctly rendered tax invoice provided;
(a) the relevant Goods and/or Services have been received or performed in accordance with this Work Order; and
(b) the invoice bears the Work Order number and a description of the Goods and/or Services provided.
8. Indemnity, Liability and insurance
8.1 In accepting the Work Order the Contractor accepts liability for and indemnifies the Owners and the Agent / Manager against any loss arising from and the costs incurred in connection with any damage, loss, injury or death caused or contributed to by the failure by the Contractor to observe any obligations it has in carrying out any contract, agreement or otherwise in providing the Goods and/or Services to the Owners.
8.2 The Owners are not liable to the Contractor for any cost, damage, loss, injury or death caused by:
(a) any person failing to comply with any Legislative requirement;
(b) the Contractor failing in any service or to comply with its obligations under this Work Order;
(c) an action taken by the Contractor; or
(d) the Contractor failing to act.
8.3 The Contractor must at its own expense maintain and when requested provide evidence of:
(a) Public and Product Liability insurance in the amount of not less than $10,000,000 per claim
(b) maintain statutory Workers Compensation insurance for all employees (or Personal and Accident Insurance or similar for sole traders);
(c) where applicable a minimum of $1,000,000 Professional Indemnity Insurance; and
(d) any other insurances as applicable to the nature of its business and the obligations to supply the Goods and/or Services under the Work Order.
8.4 The Contractor must ensure that every approved subcontractor engaged by them is insured to the same extent as the obligation on the Contractor in clause 8.
9. Health and Safety
9.1 The Contractor must comply with all relevant Legislative requirements and Federal/State/Local government directives concerning Health and Safety.
9.2 Without limiting the generality of clause 9.1:
(a) i). the Contractor must exercise all necessary precautions for the health and safety of all persons, including the Owners, its employees, and members of the public who may be affected by its actions;
ii). the contractor must provide their employees with the appropriate safety measures including PPE when delivering their services
iii). the contractor must comply with specific Federal/State/Local government directives when conducting their duties e.g. social distancing, hygiene management.
(b) the Owners will be entitled, but under no obligation, to issue directions in relation to health and safety issues and the Contractor must, at its own cost, comply with those directions to produce the highest level of health and safety.
