Skyline Building Group Terms and Conditions

 

DEFINITIONS

‘Skyline’ means Skyline Building Group Pty Ltd and its authorised representatives.

‘the Sub-Contractor’ means the Sub-Contractor (or any person acting on behalf of and with the authority of the Sub-Contractor) as described on any Purchase Order provided by Skyline to Sub-Contractor.

‘The Parties’ means Skyline and the Sub-Contractor.

‘Price’ means the price payable by the Sub-Contractor to Skyline for the Goods and Services provided by Sub-Contractor to Skyline as agreed between the two parties.

‘Guarantor’ means the director or directors (whichever is applicable) who personally guarantees the performance of the Sub-Contractor under this Contract.

‘Works’ means all Goods & Services supplied by Sub-Contractor to Skyline as described in any Purchase Order or Invoice provided by Skyline to the Sub-Contractor.

‘Quote’ means the document provided to Skyline by Sub-Contractor which contains the details of the Price and Goods and Services which Sub-Contractor propose to supply to Skyline.

‘Purchase Order’ means the document provided to the Sub-Contractor by Skyline formally ordering the provision of the Works.

‘Contract’ means the agreement between Skyline and the Sub-Contractor which is comprised of these Terms and Conditions of Trade, Purchase Order &/or the Quote (if one was provided to Skyline).

‘Work Site’ means the premises where the Works are to be performed.

‘all Plans’ means all plans, specifications, engineering documents and all other directions and documents which comprise the Works to be undertaken.

‘Hot Works’ means any welding, cutting, grinding or any other process requiring the application of heat.

ACCEPTANCE

  1. The Sub-Contractor agrees to be bound by the Contract and the Contract is formed and takes effect by Skyline submitting the Purchase to the Sub-Contractor.
  2. Unless otherwise agreed in writing, no other term or condition will form part of the Contract between the Parties.

INVOICING & PAYMENT TERMS

  1. Unless Skyline has expressly agreed in writing, all Works will be performed by the Sub-Contractor and invoiced after the end of each calendar month, or on the completion of the Works.
  2. Invoices must be submitted to Skyline:
    • via the email address contained in the Purchase Order; and
    • must contain a valid purchase order number
  3. The Sub-Contractor accepts that Skyline will pay invoices submitted by the Sub-Contractor to Skyline on to the closest Thursday on or after 30 days receipt of the invoice.
  4. Skyline does not ordinarily operate on a deposit paid up front basis and instead operates on a Works performed and subsequently invoiced basis. Any request for a deposit must be agreed in writing by Skyline prior to any of the Works commencing.
  5. Skyline will not be liable for any payment whatsoever, including payment to the Sub- Contractor, unless that payment is the subject of a written Purchase Order.
  6. Skyline will not be liable, and the Sub-Contractor must not make claim, for payment which pertains to the Sub-Contractors preparation of a Quote. For clarity, a request for a Quote is an invitation to treat only.
  7. If in the event the Sub-Contractor wants to make a progress claim and Skyline has agreed to this in writing, the Sub-Contractor must submit its progress claim to Skyline on or before the 22nd day of the month for inclusion in Skyline’s head contract progress claim.

RISE AND FALL

  1. The Quote &/or the Purchase Order is not subject to any increase or decrease in the labour and material costs of the Sub-Contractor.
  2. The Price must not be varied after the Quote &/or Purchase Order is provided and no re-measure or assessment of quantities will be acknowledge and paid for by Skyline.
  3. The Sub-Contractor acknowledges that it is has received and reviewed all Plans, prior to submitting the Quote &/or accepting the Purchase Order and shall ensure that all Works conform to all Plans.

VARIATIONS

  1. The Sub-Contractor shall perform the Works as specified and without variation unless Skyline has provided the Sub-Contractor with written instruction of any such variation.
  2. Once Skyline has provided written notice of a variation to the Sub-Contractor, the Sub-Contractor must:
    • incorporate the variation to the Works without delay;
    • invoice Skyline separately for the variation which must quote original Purchase Order number;
    • ensure that the variation price clearly outlines the particulars of the variation invoice including material quantity, purchase prices, labour charges;
    • acknowledge that Skyline may dispute the variation invoice and withhold payment if the variation invoice is not proportionate to the variation works performed by the Sub-Contractor or is not in proportion to the original Quote &/or Purchase Order and if the appropriate details are not provided in the variation invoice.

TIMBER WORKS

  1. In the event that any part of the Works involves timber flooring works, the Sub-Contractor must:
    • ensure that moisture testing has been carried out on the timber and that the timber used as part of the Works meets all Australian Standards;
    • ensure that moisture testing has been carried out on the substrates prior to performing any of the Works and that the moisture level of the substrate meets all Australian Standards;
    • provide written authority from Skyline’s client regarding the timber flooring works, including but not limited to, the species and grade and finish of the wood, unless Skyline has provided this information to the Sub-Contractor in writing

WELDING AND HOT WORKS

  1. It is the Sub-Contractor’s responsibility to ensure that it and its employees/personal/contractors have the requisite qualifications to carry out any hot works and the Sub-Contractor agrees to provide, with respect of hot works:
    • sufficient lighting equipment;
    • sufficient labour to carry out the works;
    • sufficient protective materials;
    • sufficient fire retardant;
    • all hot works comply with AS1674.2 ‘Safety in Welding and Allied Processes’ Fire Precautions
  2. The Sub-Contractor must not undertake hot works which will cause damage to any other works, and will indemnify Skyline in all respects if any hot works undertaken by the Sub-Contractor causes a loss or damage to Skyline and Skyline must not be held liable in any way by the Sub-Contractor in such regard.

INSURANCE

  1. The Sub-Contractor shall ensure that it has the appropriate insurance policies to cover the Works and plant, employee and contractor insurance, tools and public liability Insurance pertaining to the Works of not less than $20,000,000.
  2. The Sub-Contractor shall submit a Certificate of Currency for the required insurances and evidence of Workers Compensation Insurance prior to commencing the Works.

PROJECT TIMELINE

  1. The Sub-Contractor accepts that it has received and will adhere to perform the Works on the dates specified in the project program issued by Skyline.
  2. If the Sub-Contractor expects a delay or possible delay to the project program, it must notify Skyline with a minimum of 24 hours’ notice.
  3. The Sub-Contractor ensures that all licences, authorities or permits are obtained by the Sub-Contractor and will not cause delay to the project program.

NO ASSIGNMENT

  1. The Sub-Contractor must not, without the prior written consent of Skyline, assign to any other entity the obligation or right to perform any of the Works.

SAFETY, PROTECTION AND SITE

  1. The Sub-Contractor shall submit its Safe Work Method Statement and shall identify all possible risks and hazards and the proposed procedures and methods to minimize and manage these risks prior to commencing the Works.
  2. The Sub-Contract must ensure a copy of this SWMS is to be stored on site by the Sub-Contractor at all times.
  3. Material Safety Data Sheets and Maintenance Reports for plant and equipment shall be lodged with Skyline Building Group as soon as they are delivered to site.
  4. The Sub-Contractor shall ensure that all electrical tools, lights, leads and appliances have been safety checked and fitted with the appropriate tag prior to any use on site.
  5. The Sub-Contractor must ensure that all electrical equipment has the necessary tags. Any items found without the appropriate tag shall be removed from site until tested. All costs for electrical safety testing shall be borne by the Sub-Contractor.
  6. The Sub-Contractor shall provide all protective clothing and personal safety equipment, to all of its personnel/employees/contractors on the Work Site. Safety equipment, clothing and footwear must be used and worn in the manner that it is intended and it is the Sub-Contractor’s responsibility to ensure that this occurs.
  7. The Sub-Contractor agrees to adhere to, and abide by, in the performance of the Works, the:
    • standards and regulations of the Victorian Occupational Health and Safety Act 1985;
    • all current relevant standards on plant, tools, and equipment and their use in conjunction with the VBA, Work safe Australia, Australian National Construction Code and the Building Code of Australia.
  8. If the Sub-Contractor, in its opinion, discovers or is notified of an unsafe practice on the Work Site it must notify Skyline immediately.
  9. The Sub-Contractor must ensure that it carries out protections works for the Works and adjacent works.
  10. At the direction of Skyline, the Sub-Contractor must immediately remove its protections works.
  11. All protection works must be kept in place until permanent bracing elements are installed and adequately stabilised.
  12. The sub-Contractor must ensure that all working areas, stairways and safety exists are clear of obstruction at all times. If in the event Skyline makes a request for the Sub-Contractor to remove obstructions, Skyline may undertake the removal of the obstructions and will deduct the costs of the removal works from the Sub-Contractors invoice.
  13. The Sub-Contractor shall provide, erect, alter, maintain and remove all scaffolding required for the Works, unless expressly stated otherwise in this purchase order.
  14. Scaffolds over 4.0m shall be erected and signed off by a ticketed scaffolder. All scaffolds shall be erected and maintained in accordance with current regulations and Codes. Skyline Building Group scaffolds in position may be used by agreement.
  15. The Sub-Contractor agrees to adhere to all parking, access and notification requirements.
  16. The Sub-Contractor shall locate and create all penetrations and chases for the Works including but not limited to:
    • all fire rated collars
    • dampers
    • all waterproofing
    • fire retardant materials around all penetrations and the like where necessary.
  17. Any costs associated with access through suspended ceilings including any repairs or replacements shall be borne by the Sub-Contractor.

NON-PERFOROMANCE & REMEDIAL WORKS

  1. In the event that the Sub-Contractor does not undertake the Works in accordance with the works program or schedule, or otherwise advised in writing by Skyline, then Skyline:
    • may perform or procure a third party to undertake the Works;
    • can deduct the value of these works from the Sub-Contractor’s invoice;
    • can claim all costs and damages suffered by Skyline due to the Sub-Contractor’s non-performance of the Works;
    • may charge a 15% administration fee to the Sub-Contractor, for clarity, the 15% is calculated on the value of the works not performed by the Sub-Contractor.
  2. Any remedial works required to be undertaken by Skyline as a result of the negligence of the Sub-Contractor or for faulty materials supplied by the Sub-Contractor or the workmanship carried out by the Sub-Contractor shall be carried out by the Sub-Contractor at the written direction of Skyline at the Sub-Contractor’s expense.
  3. If the Sub-Contractor fails to make good the defect within 5 days of Skyline’s written request, Skyline can have the remedial work carried out by a third party at the Sub-Contractor’s cost. These costs may be recovered from any monies held by Skyline whether applicable to this project or not.
  4. The Sub-Contractor shall immediately be in default of this Contract should the Sub-Contractor have appointed an Administrator, Liquidator or if other such similar insolvency action be commenced against the Sub-Contractor. All entitlements to outstanding moneys and retentions shall become void and not required to be paid by Skyline to the Sub-Contractor.
  5. Skyline may recover any costs or damage suffered by Skyline as a result of the Sub-Contractor’s insolvency event from the Sub-Contractor.

WARANTIES

  1. The Sub-Contractor shall ensure it and all of its personnel and representatives hold valid and current Licenses and Certificates of Competency required to carry out the Works and shall indemnify Skyline for any penalty or claim for not holding such Licence &/or Certificate of Competency.
  2. The Sub-Contractor warrants that by submitting a Quote &/or accepting a Purchase Order that it has inspected the Works Site and has accepted the suitability of the Work Site to perform the Works and must not make claim for further payment for anything not provided for in the Quote or Purchase Order.
  3. The Sub-Contractor shall obtain and pay for all permits, fees, licenses, authority charges, inspection and Compliance costs, headworks, contribution and connection fees and all other associated costs as required for the Works, and will not seek payment for such items from Skyline.
  4. The Sub-Contractor acknowledges that by performing the Works it has carried out and approved the substrate or any prior works upon which the Sub-Contractor applies its Works and agrees not to perform any works if the Sub-Contractor does not believe that the standard of substrate or prior works is not in accordance with the Australian National Construction Code and the Building Code of Australia.
  5. The Sub-Contractor shall supply all documents, permits, certificates, test results, warranties, guarantees, statements of compliance, as-built drawings, operation and maintenance manuals etc to Skyline as soon as is practicable so as not to delay practical completion
  6. The Sub-Contractor warrants that it shall remove waste materials and rubbish from the Work Site on a daily basis.
  7. The Sub-Contractor warrants that it will clear any mess or rubbish in the Work Site.
  8. The Sub-Contractor shall not proceed to carry out the Works over other work if in the Sub-Contractors opinion the previous work is unsatisfactory or unsuitable, unless Skyline issues written instruction to undertake the Works in such a circumstance.
  9. If in the event that Skyline doe provide written instruction to the Sub-Contractor to override unsatisfactory or unsuitable works, Skyline shall bare responsibility for such works commencing.
  10. If the Sub-Contractor carries out the Works over other works the Parties agree that it shall be deemed that the Sub-Contractor accepts the previous works.

INDEMNIFICATION

  1. The Sub-Contractor must indemnify and keep indemnified Skyline and Skyline’s employees/contractors against any loss, damage, expense, claim or suit arising out of or in connection with the Sub-Contractor:
    • not having obtained the requisite licences or permits required by the Sub-Contractor and its employees and agents to undertake the Works;
    • the costs of obtaining the requisite licences and permits required by the Sub-Contractor and its employees and agents to undertake the Works;
    • performing the Works over defective works or unsuitable base works;
    • and its employees and agents performing Hot Works;
    • not undertaking the requisite safety or protection works, or non-compliance with safety notices;

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