Probuild Civil Pty Ltd | Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS OF ORDER

1. GENERAL MATTERS
1.1 Supplier to Inform Itself

The Supplier shall be deemed to have carefully examined all documents furnished by Probuild Civil (QLD) Pty Ltd and fully satisfied itself regarding all the conditions, risks, contingencies and other circumstances which might affect the supply of the Goods. No increase in the Price will be allowed for the Supplier's failure to ensure that it is fully informed regarding all the circumstances relating to the Order.

The Supplier acknowledges that it has been provided with the opportunity to view the relevant terms and has familiarised itself with those provisions to the extent they are or may be required to be performed as a condition of this Order.
1.2 Ambiguities

If the Supplier discovers any ambiguity in the Order it shall immediately notify Probuild Civil (QLD) Pty Ltd in writing.
1.3 Use of Documentation

The documents shall not be copied or used for any purpose other than the supply of the Goods, without the prior written approval of Probuild Civil (QLD) Pty Ltd.
1.4 Confidentiality
1.4.1 Any Confidential Information provided between Probuild Civil (QLD) Pty Ltd and the Supplier shall not be disclosed to any third party without the prior written agreement of both Probuild Civil (QLD) Pty Ltd and the Supplier. Probuild Civil (QLD) Pty Ltd and the Supplier shall keep the Confidential Information confidential and acknowledge that damages may be inadequate compensation for breach of this Agreement and, at the discretion of the court Probuild Civil (QLD) Pty Ltd or the Supplier may seek and obtain injunctive relief or similar remedy against a threatened or actual breach of this clause 1.4.
1.4.2 The Supplier shall not issue any information which includes details about the Goods or the Order, for publication in any news or communication media, without the prior written approval of Probuild Civil (QLD) Pty Ltd.
1.4.3. The obligations under this Clause shall be continuing obligations and shall survive the completion or termination of the Order.
1.5 Waiver

No failure or delay on the part of Probuild Civil (QLD) Pty Ltd in exercising any of its rights under the Order shall be construed as constituting a waiver of any such rights.
1.6 Subcontracting and Assignment
1.6.1 The Supplier shall not subcontract nor assign all or any part of its obligations under the Order without the prior written approval of Probuild Civil (QLD) Pty Ltd, which approval shall not unreasonably be withheld. The Supplier shall provide Probuild Civil (QLD) Pty Ltd with full particulars of any work to be subcontracted together with details of the proposed subcontractor. The Supplier shall incorporate the provisions of the Order into any subcontract issued pursuant to this clause.
1.6.2 Approval of Probuild Civil (QLD) Pty Ltd to any subcontract shall in no way relieve the Supplier of any of its obligations under the Order.
1.7 Communications
Any notice or other communication required under the Order shall be delivered in writing and shall be in a form which can be read, copied and recorded conveniently. Verbal instructions or directions from Probuild Civil (QLD) Pty Ltd shall be confirmed in writing to the Supplier within a reasonable time. The notice shall take effect from the time when it is delivered to or received at the address as noted in the Order.
1.8 Licences and Laws
The Supplier shall comply with all applicable laws, by laws, ordinances, regulations, proclamations, orders and rules and with the lawful requirements of Public and other Authorities in any way related to the supply of the Goods.
2. INDEMNIFICATION
The Supplier shall indemnify and keep indemnified Probuild Civil (QLD) Pty Ltd, the Principal and their respective officers, employees and agents against all claims, demands, proceedings, liabilities, costs (including without limitation, legal costs), charges and expenses arising as a result of any negligent act, neglect or default of the Supplier, its employees or agents related to its obligations under the Order.
3. PERFORMANCE AND QUALITY
3.1 Materials and Workmanship
All Goods shall be suitable for the purpose for which they are required and comply with the Specification(s) and Drawing(s) listed in the order. The Supplier shall use new and undamaged materials, unless otherwise specified in the Order and the workmanship shall be of the highest quality and standard. The work shall be carried out in accordance with good engineering and building practice and comply with all applicable Australian Standards and/or other referenced codes, the requirements of the relevant statutory authorities and the law.
If no Specifications and Drawings are listed in the order, the Goods shall be of quality, composition and strength suitable for the purpose for which they are required. In addition the finish shall be of a standard commensurate with the quality of the goods.
3.2 Supplier Qualifications
3.2.1 The Supplier represents and warrants to Probuild Civil (QLD) Pty Ltd that it has the necessary skills, resources and experience to successfully supply the Goods in accordance with the requirements of the Order. Payment may be withheld or portions deducted against monies otherwise due if the Supplier does not provide the Goods in accordance with the provisions of the Order.
3.2.2 The quantity of Goods supplied must not be greater than the amount specified in the Order, unless an additional amount has been expressly agreed by Probuild Civil (QLD) Pty Ltd in writing.
3.2.3 Where the quantity of Goods required is less than the quantity specified in the Order, Probuild Civil (QLD) Pty Ltd is required to pay that portion of the Price in relation to the Goods actually completed in part or in full at the time of the notification of the lesser quantity.
3.3 Testing and Inspection
3.3.1 The Goods must be tested in accordance with the requirements of the Specification. Inspection & Test Plans shall be provided with "Hold Points" identified in accordance with the Specification for the purpose of permitting Probuild Civil (QLD) Pty Ltd's and/or the Principal's Representative to witness any such tests and the costs thereof shall be the responsibility of the Supplier. The results of tests shall be promptly supplied to Probuild Civil (QLD) Pty Ltd in writing.
3.3.2 Probuild Civil (QLD) Pty Ltd shall have the right to inspect and monitor the Goods prior to delivery and the Supplier shall give Probuild Civil (QLD) Pty Ltd access to the Supplier's premises for such purpose during its normal working hours. The Goods will not be accepted by Probuild Civil (QLD) Pty Ltd until inspected and approved by Probuild Civil (QLD) Pty Ltd. Any inspection by Probuild Civil (QLD) Pty Ltd shall not relieve the Supplier from its obligations to comply with the requirements of the Order and shall in no way impair Probuild Civil (QLD) Pty Ltd's right to require subsequent correction of non conforming Goods.
3.4 Quality Standards

The Supplier shall comply with the standards of quality specified in the Order. In the event that the Supplier does not have a recognised quality system in place, Probuild Civil (QLD) Pty Ltd reserve the right to conduct a quality audit to ensure that the Supplier shall comply with the best quality standards applicable to the Goods concerned.
3.5 Defects and Warranty
3.5.1 Warranty against defects in materials or manufacturing shall apply to all Goods supplied under this Order for a period commencing upon delivery and acceptance of the Goods and expiring at the end of twelve calendar months.
The Supplier warrants that the Goods shall:
- (i) Be free from liens, charges, encumbrances, mortgages or other defects in title.
  (ii) Be free from defects in design, materials and workmanship.
  (iii) Conform to the conditions and specifications of the Order.
  (iv) Conform to all applicable laws and regulations to which the Goods are subject.
  (v) Be new and made to the specified quality.
3.5.2 The warranties noted in Clause 4.5.1 are in addition to any statutory warranties applicable to the Goods.
3.5.3 During the Warranty Period, Probuild Civil (QLD) Pty Ltd shall give written notice to the Supplier of any failure or defect in the Goods. If the defect or failure is a proven result of faulty workmanship in manufacture or materials, the Supplier shall without delay and at no cost to Probuild Civil (QLD) Pty Ltd, correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification or other means acceptable to Probuild Civil (QLD) Pty Ltd.
The Supplier shall not be responsible for rectification or replacement of any goods damaged after delivery to site.
3.5.4 If the Supplier fails to correct any defects and failures of which it has been notified by Probuild Civil (QLD) Pty Ltd within the time specified in the notice (which shall not be unreasonable), Probuild Civil (QLD) Pty Ltd shall have the right to rectify the Goods itself or have the rectification undertaken by a third party. All costs so incurred shall be a debt due and payable by the Supplier to Probuild Civil (QLD) Pty Ltd or deducted from moneys otherwise owing to the Supplier.
4. DELIVERY
4.1 Unless otherwise specified in the Order, the Goods shall be delivered FOS (Free on Site) to the job site, adequately packaged and protected to ensure safe delivery, to the delivery point and by the Date(s) for Delivery specified in the order. The Goods shall be accompanied by a delivery docket which shall be signed by a duly authorised representative of Probuild Civil (QLD) Pty Ltd at the point of delivery.
4.2 The Goods shall become the property of Probuild Civil (QLD) Pty Ltd upon delivery of the Goods to Probuild Civil (QLD) Pty Ltd, as evidenced by the signature on the delivery docket by the duly authorised representative of Probuild Civil (QLD) Pty Ltd. Notwithstanding that Probuild Civil (QLD) Pty Ltd has taken delivery of the Goods, the Supplier shall remain responsible for any loss or damage to the Goods, which may have occurred prior to delivery, and for any non compliance of the Goods with the requirements of the Order.
4.3 The Supplier shall take all reasonable steps to minimise and prevent any delay to the delivery of the Goods
4.4 If the Supplier fails to complete the supply of the Goods by the Date(s) for Delivery, the Supplier shall pay any losses, costs, expenses or damages incurred by Probuild Civil (QLD) Pty Ltd as a result of the delay.
Probuild Civil (QLD) Pty Ltd will not accept or pay or be liable to pay the Supplier in respect of any prolongation, acceleration, delay or disruption claim unless Probuild Civil (QLD) Pty Ltd has agreed in writing to do so.
4.5 It shall be the responsibility of the Supplier to ensure all details relating to the health and safety effect on handlers and users, and environmental issues on disposal are communicated with the initial purchase of the Goods where there are any changes to the properties of the Goods.
5. SAFETY
5.1 All goods and services are to be supplied in accordance with Commonwealth, State and Local Laws and By-Laws.
5.2 The provision of services is to comply with Workplace Health and Safety Act 1995 and Regulations 2008, and Dangerous Goods Act and Regulations as amended. Where the goods are part of the provisioning of service and a substance is involved, and then a MSDS is to be supplied with the substance. Goods that require certification and/or testing or both are to have proof of that certification and/or test attached, eg: slings and shackles and ROP / FOP cabins on plant.

The provision of all plant (as defined by the Workplace Health and safety Act 1995 and Regulations 2008 as amended) is to provide 7 days PRIOR to arrival at the site, a copy of a plant risk assessment acceptable by the Project Manager or Manager. The 'plant risk assessment' is to cover the design and condition of the plant including a record of servicing of the plant and a pre-start checklist completed prior to the dispatch of the piece of plant. If the piece of plant is road registered, then proof of the currency of registration (sticker) and registration plates are on the plant.

All plant must have maintenance record detailing when the next service is due and that the last service has been performed: eg: copy of an invoice or mechanics service record. Where Plant is a combination of parts to perform a function, truck with loading crane and/or concrete pump truck (examples only) then maintenance and servicing history (records) are to be provided prior to arrival at a site and submitted to the project manager or manager. All persons operation the plant must hold the relevant qualification / competency for the piece of plant they are operating / driving.
5.3 Ladders are not to be used on Probuild Civil (QLD) Pty Ltd work unless a risk assessment has been conducted and no alternative method of access / egress can be determined.
5.4 Probuild Civil (QLD) Pty Ltd sites are mandatory safety helmet sites. Steel toe cap boots are mandatory and PPE as advised or as per the MSDS is mandatory also. All PPE is to be to the relevant Australian Standard. When any Supplier's personnel are on the Site, they must comply with all site specific and statutory authority rules and regulations and they must wear the appropriate safety equipment i.e. steel cap boots, reflective vest, hard hat, safety glasses, etc.
6. PRICE AND PAYMENT
6.1 Unless otherwise stated in the Order Particulars, the Price shall be fixed and not subject to any variation, including but not limited to variations in the cost of labour, material or exchange rates.
6.2 The Price shall be exclusive of GST unless otherwise specifically stated
6.3 Where Probuild Civil (QLD) Pty Ltd is charged GST, the Supplier is to submit compliant tax invoices within 14 days of delivery of the Goods to enable Probuild Civil (QLD) Pty Ltd to claim, where applicable, input tax credits. If the Supplier fails to submit compliant tax invoices, the invoice will not be processed. The Supplier must provide Probuild Civil (QLD) Pty Ltd with their Australian Business Number (ABN) for the purpose of claiming an input tax credit.
6.4 Unless otherwise specified in Schedule A, the Order Particulars, invoices shall be submitted to Probuild Civil (QLD) Pty Ltd for payment following delivery of the Goods and payment of the approved amount shall be made by Probuild Civil (QLD) Pty Ltd no later than thirty (30) days from the first day of the month after the month in which the invoice was received.
6.5 The Supplier shall be responsible for the payment of all relevant Australian (Federal, State and Local Government) and overseas taxes, duties and charges payable with respect to the Goods. The Order Price shall be deemed to be inclusive of all such taxes, duties and charges.
7. NATIONAL CODE OF PRACTICE FOR THE CONSTRUCTION INDUSTRY
7.1 The National Code of Practise for the Construction Industry (the Code) and the Australian Government Industry Guidelines for the National Code of Practise for the Construction Industry revised September 2005, apply o this project. By undertaking the works you will be taken to have read, and agree to comply with the Code and Industry Guidelines.