These terms and conditions form a binding agreement between Rebuilt.House pty Ltd (Rebuilt) as contractor and you, as subcontractor, in respect of all Works and all Projects.

Documents that Form Agreement

1. These terms and conditions;

2. Subcontractor compulsory safety requirements;

3. Any quote and/or work order;

4. Any other written agreement between the parties. If you are not familiar with the documents that form the agreement, it is your responsibility to request copies and make yourself familiar with those documents.

Performance of Works and Price

5. The Subcontractor shall carry out, construct and complete the works in accordance with the quote or work order, ancillary work order(s), and directions of Rebuilt including the requirements of the software (‘Works’).

6. Rebuilt shall pay the price stipulated in the relevant work order only, adjusted by any additions or deductions made pursuant to the Work Order (‘Price’). Where a variation to the scope is required works MUST NOT proceed without an updated Work Order. Failing to following this directive will result in non payment, reduced payment or substantial delay in payment.

7. No payment claim may be made save for where provided for in the relevant quote or work order.

8. The Price shall not be adjusted for any rise and fall in cost, wages, materials, exchange rates, or any changes in economic conditions, including taxes (other than GST).

9. This Agreement does not establish an exclusive relationship or any relationship other than contractor and subcontractor.

Payment

10. Unless otherwise agreed in writing, payment for Works shall be made 30 days after;

a. The Works are completed to the satisfaction of Rebuilt and provide;

b. photos of all PPE and safety equipment used during the works, this includes but is not limited to scaffolding, perimeter roof safety rail, fall arrest devices, barricades/fences & safety signage; and

c. at the time of installation, handover certificates for all perimeter roof safety rail and any scaffold erected over 4 metres in height; and

d. completion photos and a signed copy of the (home occupier) release/satisfaction form must be submitted; and

e. written evidence, satisfactory to Rebuilt, that all insurances required under the Work Order and these Terms have been effected and maintained by the Subcontractor (and any subcontractor of the Subcontractor), have been effected and maintained, over the period of the relevant Payment Claim.

Subcontractors Warranties

11. From the commencement of this Agreement, until 12 months after this Agreement is terminated, the Subcontractor warrants that it has obtained and maintained public liability for an amount not less than $10,000,0000.00 for any 1 occurrence, workers compensation insurance, and professional indemnity insurance as required.

12. The Subcontractor is on notice that the Site, and building works generally, are dangerous and could result in injury or death. Prior to commencing the Subcontract works the subcontractor shall conduct a Risk Assessment and implement all necessary control measures.

13. The Subcontractor shall carry out and complete the Subcontract Works, in a proper and workmanlike fashion, strictly in accordance with the Work Order on or before the Date for Completion.

14. If, during the period of 6 months from the date Rebuilt considers the Works complete, any Defects in the Works are apparent, then Rebuilt may issue a direction to the Subcontractor which identifies the Defect and states the time within which the Subcontractor shall complete the making good of the Defect. There shall be a separate defects liability period applying to all rectification works for a period of 6 months from the date Rebuilt considers the rectification is completed.

15. The Subcontractor at its own cost shall rectify Defects notified to it within the time stated in such a direction and in a manner which causes minimum disturbance to Rebuilt, the occupier or any others on or around the Site.

16. If the Subcontractor fails to rectify the Defects, or within the time required in such a direction to rectify Defects, then Rebuilt may either itself or by engaging others, make good the Defect, and without prejudice to any other remedies of Rebuilt, whether under the agreement with Rebuilt, at law, in equity or under any statute, the costs incurred shall be a debt due and payable by the Subcontractor to Rebuilt.

17. The Subcontractor warrants that:

a. it is licensed to carry out the Subcontract Work and has suitable trade experience in the type and scale of the Works and is fully aware that there are likely to be items not specifically referred to or described herein which nonetheless are required to complete the Subcontract Works and to achieve the effective and efficient use and operation of the Subcontract Works to the reasonable satisfaction of Rebuilt;

b. It has personnel that are competent & have been provided suitable information, training and instruction to perform the Works;

c. It’s personnel shall not attend site under the influence of alcohol or drugs, either prescribed or non-prescribed;

d. the Subcontract Works will result, to the extent of the work conducted, in a dwelling that is reasonably fit for occupation as a dwelling;

e. the Subcontract Works and all materials used in performing the Subcontract Works will be reasonably fit for the specified purpose, or any other purpose Rebuilt o the insured expressly makes known to the Subcontractor for which the Subcontract Work is required; and

f. the Subcontractor has made allowances for sufficient labour, plant and equipment and material supplies to complete the Subcontract Works in accordance with the Rebuilt Work Order.

18. The Subcontractor acknowledges that Rebuilt enters into the Subcontract in reliance upon the Subcontractor’s warranties in this clause and otherwise in the agreement with Rebuilt and the Subcontractor indemnifies Rebuilt against any Claim, cost, loss, expense, liability or damage arising from or in connection with a failure by the Subcontractor to fulfil any warranty given under or referred to in the agreement with Rebuilt, or a breach of the agreement with Rebuilt by the Subcontractor or its Personnel.

19. The Subcontractor acknowledges that the warranties above shall remain unaffected notwithstanding:

a. any receipt or review of or comment, agreement, instruction, notice, request, requirement or direction by Rebuilt or any Personnel of Rebuilt; or

b. the provision of any information concerning the site or otherwise by or on behalf of Rebuilt.

20. Rebuilt is entitled to inspect and test all work, materials, plant and equipment intended for or used in the Subcontract Works. If any work, materials or equipment does not comply with the agreement with Rebuilt, then Rebuilt may instruct the Subcontractor to remedy or replace such work, materials or equipment at the Subcontractor’s cost. If the Subcontractor does not comply with Rebuilt’s instructions by the date stipulated in the instruction, then Rebuilt may have the work carried out by other contractors and/or the materials or equipment supplied by itself or other contractors. Any costs incurred by Rebuilt in doing so shall be a debt due and payable from the Subcontractor to Rebuilt.

21. The Subcontractor shall provide to Rebuilt copies of all inspection and test plans/checklists (ITPs/ITCs) as requested by Rebuilt to validate the Subcontract Works comply with project specifications and Australian Standards.

Termination

22. Rebuilt are entitled to immediately terminate the agreement for any breach of;

a. These terms; or

b. The Subcontractor safety requirements.

23. Rebuilt are entitled to terminate the agreement for convenience on 7 days’ notice.

Responsibility

24. The Subcontractor is solely responsible for the care of the Subcontract Works and for any loss or damage to the Subcontract Works up to and including the later the Date of Completion.

25. The parties agree that any interim or final dates of completion of Works are an essential term.

26. Should you fail to meet any interim or final dates of completion of Works you shall indemnify Rebuilt against all costs, loss, damages or expenses it incurs if you do not:

a. Promptly comply with the instructions of Rebuilt; or

b. progress the Works in accordance with any Rebuilt Programme and/or Programme Dates, including Rebuilt’s costs to employ additional labour, resources, plant and equipment.

27. Despite any other clause in these terms, the Subcontractor shall indemnify Rebuilt against all loss, liability, expense or damage (including legal costs) arising out of or in connection with:

a. any damage to or loss or destruction of any property of Rebuilt, Rebuilts’ Personnel or any third party; and

b. Claims in respect of personal injury, illness or death to any person; and,

c. Claims in respect of the infringement of intellectual property rights arising out of or as a consequence of the carrying out of the Subcontract Works, but the indemnity shall be reduced proportionally to the extent that a negligent act or negligent omission of Rebuilt or its Personnel may have contributed to the injury, death, loss or damage.

Subcontracting and Assignment

28. The Subcontractor shall not subcontract any part of the Subcontract Works without Rebuilts’ written consent. The Subcontractor shall not subcontract all of the Subcontract Works.

29. The Subcontractor shall not assign the benefit of the agreement with Rebuilt or any part of it without the prior written consent of Rebuilt, which may be withheld at Rebuilts’ sole discretion.

Confidential Information

30. Confidential Information means all information, in whatever form, (including any idea, concept, drawing, specification, data, conclusion or summary) disclosed to the Subcontractor by, or on behalf of, Rebuilt or produced by the Subcontractor or any of its consultants relating to:

a. the operation or business of Rebuilt;

b. these terms; and

c. the Works or the Work under the Contract the subject of a Project, other than information that:

d. at the time of disclosure, was generally and publicly available, or subsequently becomes so available other than by breach of any duty or obligation;

e. at the time it was disclosed to the Subcontractor, was in the possession of the Subcontractor lawfully and without breach of any duty or obligation; or

f. has been disclosed to the Subcontractor and was not generally and publicly available at that date of disclosure, but subsequently through no act or omission of the Subcontractor (or any person to whom it disclosed that information) becomes available from another source, not subject to any duty or obligation of confidence.

31. You must:

a. treat as confidential, and keep confidential, any Confidential Information;

b. not copy, duplicate or otherwise reproduce any documents containing Confidential Information, without the prior consent of Rebuilt, except as is necessary in fulfilling its obligations under this Agreement or a Project; and

c. not allow any of its employees, subcontractors or consultants or any third party to copy, duplicate or otherwise reproduce any documents containing Confidential Information, without the prior consent of Rebuilt, except as is necessary in fulfilling its obligations under this Agreement or a Project.

32. You may not disclose Confidential Information other than:

a. to its employees, subcontractors or consultants as and when required under the agreement with Rebuilt;

b. to its legal advisers, financial advisers and auditors;

c. with the prior consent of Rebuilt; or d. to the extent:

i. required by any law, any statutory body, the rules of any stock exchange, or any applicable accounting standards;

or

ii. ordered by any court, having, to the extent practicable, consulted with Rebuilt with a view to agreeing the form, content, timing and manner of disclosure.33. You and your employees, subcontractors or consultants may only use the Confidential Information for the purposes of fulfilling the Subcontractor’s obligations under this Agreement or a Project.

34. If required to do so by Rebuilt, on the earlier date of the expiry of this Agreement or the completion of a Project, the Subcontractor must return to Rebuilt all documentation disclosed to the Subcontractor by, or on behalf of Rebuilt, (including Confidential Information which the Subcontractor disclosed to any other person) and any copies of that documentation.

Removal and Onsite Storage of Hired Items

35. Notification of Payment Delays: In the event of a genuine dispute or delay in payment of any invoice related to the hire of portable toilets or rubbish bins, we, the Hirer, will provide written notification to the Supplier detailing the reasons for the delay.

36.Permission for Onsite Storage: Despite any unpaid invoices or payment disputes, the Supplier is granted permission to store the hired items (including but not limited to portable toilets and rubbish bins) on our premises until such time as the dispute is resolved or the payment is made. This permission is valid only for the duration of the hire agreement or until we provide a written notice withdrawing this permission, whichever comes first.

37. Withdrawal of Onsite Storage Permission: We reserve the right to withdraw the permission for onsite storage of the hired items at any point in time. Upon receipt of written notice of this withdrawal, the Supplier is obligated to promptly remove the items from the site within 7days. Failure to do so will expose the Supplier to a counter charge for each day the items remain onsite beyond the stipulated period.

38. Counter Charge: If the Supplier does not remove the hired items within the 7 days after receiving the withdrawal of permission, we reserve the right to levy a counter charge against the Supplier at a rate of $9 per day for each item left onsite. This counter charge will be deducted from the outstanding invoice or billed separately to the Supplier.

39.Termination of Agreement: If the Supplier does not remove the items within a reasonable timeframe after receiving the notice or consistently breaches the terms, we reserve the right to terminate the hire agreement and seek alternative services and have the item removed at the cost of the provider. 

General

40. This agreement is governed by and must be construed according to the law applying in New South Wales.

41. Each party irrevocably submits to the non exclusive jurisdiction of the courts of the State of New South Wales, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to this agreement.

42. Each party acknowledges that no party (nor any person acting on a party's behalf) has made any representation or other inducement to it to enter into this Agreement, except for representations or inducements expressly set out in this Agreement.

43. Each party acknowledges and confirms that it does not enter into this Agreement in reliance on any representation or other inducement by or on behalf of any other party, except for representations or inducements expressly set out in this Agreement.

44 To the extent permitted by law, in relation to its subject matter, this Agreement:

a. embodies the entire understanding of the parties, and constitutes the entire terms agreed by the parties;

b. may only be changed by agreement in writing;

c. not founded upon any representation made by Rebuilt nor any reliance by the Subcontractor;

d. If any part of this Agreement is unenforceable, it shall be severed from the Agreement and the remaining provisions shall remain in force; and

e. supersedes any prior written or other agreement of the parties