Notice to all trade contractors:
Strictly all invoices to be paid monthly, unless authorised in writing from Mintconstruct Pty Ltd via the trade contract or a purchase order.
To submit an invoice via email: firstname.lastname@example.org or via Fax 1300 858 255.
All contractors are required to have a signed HIA trade contract before commencing work with Mintconstruct Pty Ltd.
Terms of the HIA trade contract;
1. TRADE WORKS
(a) The trade contractor must carry out and complete the trade works: (i) to the reasonable satisfaction of the principal contractor; (ii) in accordance with the plans, the specifications and the law; and (iii) at the reasonable times directed by the principle contractor. (b) I the trade contractor discovers any inconsistency, ambiguity or discrepancy in or between the plans and specifications, the trade contractor must immediately seek the principal contractor‘s direction as to the interpretation to be followed. (c) The trade contractor must supply everything necessary to carry out the trade works. (d) The trade contractor may employ or engage others to carry out some or all of the trade works. Use of sub-contractors does not relieve the trade contractor from liability under the trade contract it has with the principal contractor.
(a) The trade contractor must not: (i) make any changes to the trade works; (ii) carry out any extra work; or (iii) leave any detail of the trade works unfinished unless directed in writing by the principal contractor. (b) The principal contractor may, by giving a written direction, require the trade contractor to carry out a variation. (c) The price of a variation is: (i) that agreed by the parties; or (ii) failing agreement, an amount reasonably decided by the principal contractor. (d) The contract price is to be adjusted by the variation at the next payment.
3. ACCEPTANCE OF BASE WORK
On commencing to carry out the trade works the trade contractor is: (i) deemed to have accepted the base work as satisfactory; and (ii) not entitled to payment or recompense for additional work carried out as a result of unsatisfactory base work, unless a competent contractor who had examined, inspected and tested the base work would not have detected or anticipated the unsatisfactory base work.
The trade contractor warrants that: (i) the trade works will be carried our in a proper and skilful manner; (ii) material supplied by it will be suitable, new and free of defects; and (iii) it holds all licenses required to carry out the trade works.
5. DEFECTS LIABILITY PERIOD
(a) The trade contractor must, at its own cost,make good any work that does not conform with the requirements of the trade contract before the end of the defects liability period. (b) The principal contractor may direct the trade contractor to correct, remove or replace any non-conforming work before or during the defects liability period. (c) If the trade contractor does not comply with such direction, the principal contractor may have the work carried out by others and the cost is a debt due and payable by the trade contractor to the principal contractor.
The trade contractor indemnifies the principal contractor against: (i) loss or damage to property (including the trade works); (ii) claims in respect of personal injury or death, arising out of, connected to or as a consequence of the trade contractor: (A) carrying out or failing to carry out the trade works; or (B) breaching this the trade contract; (iii) any liability that the principal contractor may suffer or incur under a statutory warranty in connection with the trade works.
(a) The trade contractor must take out prior to work commencing, and maintain until completion of the trade works, the following: (i) workers compensation or any like insurances as required by the law; (ii) public liability insurances to an amount not less than $5,000,000; and (iii) except as set out below, personal accident and disability insurances providing cover at least equivalent to that provided to an employee under insurances referred to in sub-clause 7(a)(i). (b) Sub-clause 7 (a) (iii) does not apply where the trade contractor: (i) does not personally carry out any part of the trade works on the site; or (ii) establishes, to the principal contractor‘s satisfaction, that it is covered by workers compensation insurances taken out by the principal contractor. (c) The trade contractor must, when asked by the principal contractor, produce evidence and currency of any insurances.
8. HEALTH AND SAFETY
(a) In carrying out the trade work, the trade contractor and its agents and employees must observe all relevant occupational health and safety laws. (b) The trade contractor must, whenever carrying out the trade works, ensure that: (i) no person (wether employed or not) is exposed to risk to their health and safety; and (ii) the trade works are carried out using a safety management system.
9. DAMAGE AND SITE CLEANING
(a) The trade contractor is responsible for: (i) any damage caused by the trade contractor and its agents or employees; (ii) keeping the trade contractors‘s areas clean at all times; and (iii) the removal of its tools, plant and equipment, and if required the removal of debris and refuse, arising out of the trade works. (b) If the trade contractor fails to comply with sub-clause 9(a), the principal contractor may rectify the breach and the cost is a debt due and payable by the trade contractor to the principal contractor.
(a) If required, the trade contractor must give the principal contractor, as a precondition to payment, a signed statutory declaration that all its sub-contractors and employees have been paid all amounts then due for work under the trade contract. (b) The principal contractor may withhold payment until the trade contractor gives the principal contractor an appropriate statutory declaration regarding payment of all workers compensation premiums and payroll tax in connection with the trade works. (c) Any payment, other than a final payment, by the principal contractor to the trade contractor is payment on account only.
11. EXTENSION OF TIME
The trade contractor is entitled to an extension of time to complete the trade works as reasonably decided by the principal contractor if: (i) the trade works are delayed by an act, default or omission of the principal contractor beyond the control of the trade contractor; and (iii) the trade contractor gives the principal contractor written notice claiming the extension of time within 2 days of the cause occurring.
12. FREEDOM OF ASSOCIATION AND COMPLIANCE WITH INDUSTRIAL LAWS
A party or its agent must not support an industrial organisation to: (a) participate in any form of unauthorised industrial action or secondary boycott that affects the trade works; or (ii) except as required by law, demand or force any other person carrying out work on the site to: (A) join a union, (B) make contributions to a specified superannuation fund; or (C) make payments for redundancy or long service leave into a specified fund.
A party is in default of the trade contract if it: (i) is in substantial breach of this trade contract; (ii) becomes insolvent, bankrupt or makes an assignment of that party’s estate for the benefit of creditors; (iii) makes an arrangement or composition with creditors; or (iv) being a company, goes into liquidation.
If work under the head contract has been suspended, the principal contractor may, by giving written notice to the trade contractor, immediately suspend the trade works.
15. ENDING THE TRADE CONTRACT
If a party remains in default 3 working days after the other party has given it written notice requiring the default to be remedied then, without prejudice to any other rights or remedies, the other party may, by giving a further written notice, end the trade contract.
16. HEAD CONTRACT ENDED
If the head contract is ended for any reason, the principal contractor may by giving written notice to the trade contractor, end the trade contract and the trade contractor is: (i) entitled to be paid for work carried out; and (ii) not entitled to make any claim for loss of profit.
The trade contractor or its representative must: (i) attend site meetings if called on to do so; (ii) observe all directions given by the principal contractor under the trade contract; and (iii) co-operate with all workers and other contractors on the site.
(a) Copyright in any plans or designs supplied by the principal contractor to the trade contractor remains with the principal contractor. (b) The trade contractor must not reproduce or use any plans or designs, in whole or in part, other than for purpose of completing the trade works.
In the trade contract: “base work” means the site conditions including work carried out by others on or over which the trade contractor is to carry out the trade works; “head contract” means the contract between the principal contractor and its client which includes the trade works as part of its scope of work; “site” means where the works under the head contract is carried out; “trade contract” means this agreement between the principal contractor and the trade contractor; : “trade works” means the work to be carried our by the trade contractor as described in the schedule on the trade contract; “variation” means to vary the trade work by: (i) carrying out additional work; (ii) omitting any part of the trade works; or (iii) changing the scope of the trade works.