Purchase Order Conditions
1. The Sub-Contractor Sum shall be a firm lump sum not subject to rise or fall in the cost of labour or materials. The Sub-contractor works will not be re-measured on completion and quantities do not form part of this Sub-contractor unless otherwise noted.
2. Any provision for progress claims must be agreed to by Skyline Building Group prior to any works commencing on site.
3. Progress claims are to be received by Skyline Building Group by the 22nd day of the month for inclusion in the Head Contract Progress Claim. Payment of the amount certified by Skyline Building Group will be made in line with Skyline Building Group payment terms unless expressly noted otherwise by Skyline Building Group.
4. Any Sub-Contractor Sum exceeding $25,000 payment for invoices in full or progress invoices shall be made 30 days from the end of the month in which they are submitted. For Sub-Contractor Sums less than $25,000 payment for invoices in full shall be made 14 days from the end of the month in which they are submitted
5. The Sub-contractor shall be deemed to have visited the site and considered all factor pertaining to his works and included in his lump sum price for all items reasonably required for the satisfactory completion of his works.
6. The Sub-contractor shall conform in all respects to any project plans, engineering, specifications and any other relevant documentation
7. The Sub-contractor shall not vary the works under a purchase order/sub-contract except in accordance with a written instruction from Skyline Building Group. The Sub Contractor shall act upon written instructions without causing delay to the project and when so instructed by Skyline Building Group representatives. No claim for any un-authorized variations will be accepted. Each approved variation shall be invoiced separately from the original Sub-contractor works and refer to the original purchase order number.
8. Variation Prices shall clearly indicate Material Quantity, Purchase Prices, Labour charge out Costs. Delays in payment will result from failure to provide information as described.
9. Skyline Building Group will not be liable for any payment whatsoever to the Sub-contractor unless that payment is the subject of a written Purchase Order
10. In the event that you are carrying out timber flooring works, it is the Sub-contractor’s responsibility to ensure that you have carried out relevant moisture testing of the substrates and of the product to be installed to ensure that it is suitable for installation relevant to Australian Standards. You must forward to Skyline Building Group a signed authorization from the client detailing the size, species, grade and finish of product unless supplied by Skyline Building Group.
11. By carrying out installation of the Sub-contractor’s product, the sub-contractor has carried out a thorough inspection of the substrate that it is being installed upon and have deemed them to be satisfactory for installation and meet the relevant Australian Standard. Any defect or rectifications will be the responsibility of the sub-contractor.
12. Sub-letting of the Sub-contractor works in whole or part is not permitted without the written approval of Skyline Building Group
13. The Sub-contractor shall conform in every respect to the Project Program as issued and amended by Skyline Building Group. The Sub-contractor shall notify any delays or possible delays within 24 hours. It is the Sub-contractor’s responsibility to any Authority approvals relating to their work in time to suit the Program.
14. The Sub-contractor shall submit his 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 completing any works on site. A copy of this SWMS is to be stored on site by the Sub-contractor at all times. 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.
15. The Sub Contractor shall insure his own work, plant, tools and carry Public Liability Insurance of not less than $20,000,000. Should the sub contractor make a claim under the project insurance the excess payable is $ 5000.00 The Sub-contractor shall submit a Certificate of Currency for the required insurances and evidence of Workers Compensation Insurance prior to commencing any work for Skyline Building Group.
16. The Sub-contractor shall remove waste materials and rubbish daily. The Sub-contractor is responsible for any mess or rubbish left in works or completed works areas. Working areas, stairways and safety exits must be kept clear of obstruction at all times. Should the Sub-contractor fail to comply within eight hours of an instruction being issued Skyline Building Group then Skyline Building Group may carry out all works associated with that instruction and deduct all costs from the Sub-contractor’s purchase order value.
17. The Sub-contractor is to protect all his own work and the adjacent work of others. Removal of protection is to be carried out by the Sub-contractor when directed Skyline Building Group. The Sub-contractor shall provide and leave in place until permanent bracing elements are constructed such temporary bracing as is necessary to adequately stabilize the structure during erection.
18. The Sub-contractor shall not proceed to carry out his work over other work if in his opinion the previous work is unsatisfactory or unsuitable unless Skyline Building Group issues a written instruction overriding such objection and Skyline Building Group accepts responsibility for such work proceeding. Commencement of any work shall imply that the Sub-contractor accepts the previous work and requires no extra payment or recompense. Responsibility under this clause shall not apply to latent or hidden defects that could not reasonably be detected
by competent workmen and supervision.
19. Sub-contractors shall ensure that where required by law personnel hold current Licenses and Certificates of Competency.
20. The Sub-contractor shall provide, erect, alter, maintain and remove all scaffolding required for his works unless expressly stated otherwise in this purchase order. 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.
21. The Sub-contractor shall obtain and pay for all permits, fees, licenses, Authority Charges, Inspection and Compliance costs, Headworks, Contribution and Connection fees etc. as required for his works. It is the Subcontractor’s responsibility to determine these costs at the time of tender and include them in his price.
22. 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. 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.
23. The Sub-contractor shall provide all protective clothing and personal safety equipment, to all his personnel on site. Safety equipment, clothing and footwear must be used and worn in the manner intended.
24. The Sub-contractor agrees to abide by and implement the standards and regulations of the Victorian Occupational Health and Safety Act 1985 (as amended) and current relevant standards on plant, tools, and equipment and their use in conjunction with the National Award, VBA and Work safe Australia. Any unsafe situation discovered on site shall be immediately notified to Skyline Building Group representative. The Subcontractor agrees to bear all costs associated with repercussions due to actions taken or Notices served on Skyline Building Group as a result of non-compliance or breaches of Safety Standards or Regulations by his employees. It is expressly noted that a “ZERO TOLERANCE CAMPAIGN” is currently being enforced by Worksafe Victoria.
25. The Sub-contractor shall locate and create all penetrations and chases for their works including all fire rated collars, dampers, and / or all waterproof / fire retardant materials around all penetrations and the like where necessary.
26. The Sub-contractor shall supply all documents, permits, certificates, test results, warranties, guarantees, statements of compliance, as-built drawings, operation and maintenance manuals etc. These shall be submitted and approved in sufficient time so as not to delay Practical Completion
27. Any remedial works required through negligence or faulty materials supplied or the workmanship carried out by the Sub-contractor which appears at any time shall be carried out by the Sub-contractor. If the Sub-contractor fails to make good the defect within 5 days Skyline Building Group can have the remedial work carried out by others at the Sub-contractor’s cost. These costs may be recovered from any monies held by Skyline Building Group whether applicable to this project or not.
28. Should the contractor not carry out his work in accordance with the works program or schedule or advice as agreed with Skyline Building Group, Skyline Building Group can bring in other labor and materials and deduct these costs from the contract amount. If the works have not been completed by the required date, or should the Sub-contractor otherwise cause a delay in completion of the Project by Skyline Building Group, Skyline Building Group is entitled to damages arising from costs incurred from this delay including a 15% administration fee.
29. Welding and Hot Works –
It is hereby agreed and understood that we will not indemnify you against loss or damage resulting directly or indirectly from HOTWORK where such loss or damage could have been avoided or diminished by:
– The provision of adequate fire fighting equipment, extinguishing agents of sufficient capacity and a sufficient number of workmen available and fully trained in the use of such equipment.
– All flammable material, flammable liquids and gases being located at a sufficient distance from the area where HOTWORK is being performed. Where flammable materials, flammable liquids and gases cannot be moved to a safer area, such material to be protected by overlapping sheets of non-combustible protective material.
– All glass being located at a sufficient distance from the area where HOTWORK is being performed. Where glass cannot be mobbed to a safe area, such glass to be protected by overlapping sheets of non-combustible protective material.
– A thorough examination in the vicinity of HOTWORK approximately one hour after the termination of each day’s operation.
– The provision of a HOTWORK permits system in accordance with AS1674.2 safety in welding and allied processes – Fire precautions.
Definition – HOTWORK being welding, cutting and grinding or any process requiring the application of heat.
30. Any costs associated with access through suspended ceilings including any repairs or replacements shall be borne by the Sub-contractor.
31. The Sub-contractor shall be in default of this Contract should an Administrator, Liquidator or other Wind-up action be commenced. All entitlements to outstanding moneys and retentions shall become void. Damages for delays in outstanding Sub-contractor purchase order will be applied.
32. The Purchase Order including these conditions supersedes and/or cancels all previous letters, offers, quotations and negotiations sent or received except as are agreed and included in or appended to this agreement.
Commencement on site will be deemed complete acceptance of these Conditions.
33. Site Specific Conditions: the-sub contractor shall adhere to all parking, access and notification requirements.