TERMS & CONDITIONS OF CONTRACTOR APPOINTMENT AGREEMENT
1. PERFORMANCE AND PAYMENT
1.1 Work Performance The Contractor agrees to:
(a) Provide a written quotation for the cost of the work upon request by the Agent or by the Representative;
(b)Obtain written authorization from the Agent or the Representative before commencing any work or incurring costs
(c) Perform the work in accordance with all relevant laws and industry standards;
(d); Ensure work is completed to a standard expected of a competent professional;
(e) Supply all necessary materials required for the completion of the work;
(f) Use high-quality materials suitable for their intended purpose, unless otherwise agreed in writing;
(g) Provide appropriately skilled, experienced, and licensed personnel, along with necessary equipment and tools
(h) Issue a Work Order in the required format for domestic building work exceeding the maximum amount authorised by the applicable legislation in the Jurisdiction;
(i) Issue a Work Order in the required format for non-domestic building work in excess of the maximum amount authorised by the applicable building and construction legislation in the Jurisdiction; and
(j) Ensure all workers engaged comply with relevant legislative requirements.
1.2 Contractor Responsibilities
The Contractor agrees to:
(a) Bear the cost of all necessary resources to perform the work;
(b) Provide a detailed invoice upon completion of the work; and
(c) Acknowledge that the Agent engages the Contractor on behalf of the Lessor(s) and that neither the Agent nor the Representative are personally liable for payment.
1.3 Payment Terms
(a) The Contractor agrees to pay for and supply all materials needed to complete the authorised services/works and provide an itemised tax invoice for the services/works when completed or as otherwise agreed by the Agent or the Representative.
(b) The Contractor confirms the Agent is not liable to pay the Contractor, except as Agent of the Lessor
(c) Upon provision of an invoice, a Contractor will be paid by the due date for payment in respect of matters to which any building industry security of payment or fairness legislation (or similar) is applicable in the Jurisdiction.
(d). The parties acknowledge that the Agent or the Representative acting on behalf of the Lessor may be served with payment claims in accordance with the building industry legislation applicable to the Jurisdiction and may serve on the Contractor a payment schedule as applicable in the Jurisdiction.
2. EMERGENCY REPAIRS
If the Contractor is a nominated repairer as that or a similar term may apply in the Jurisdiction (“nominated repairer”), the Contractor may be listed on a general tenancy agreement (or similar type of agreement as applicable in the Jurisdiction) as an approved repairer. If contacted for an emergency repair:
● During business hours, the nominated repairer must notify the Agent or the Representative before proceeding with work.
● Outside business hours, the nominated repairer shall perform the emergency repair (as that term or similar wording applies in the Jurisdiction) and inform the Agent or the Representative on the next business day.
3. VARIATIONS
Any changes to the scope of work require prior written approval from the Agent, the Representative or the relevant Lessor.
4. DEFECTS
The Contractor is responsible for rectifying any defects or omissions at no additional cost to the Agent or Lessor.
5. WORKPLACE HEALTH AND SAFETY
The Contractor and its personnel must comply with the Work Health and Safety Act 2011 (Cth) and all applicable regulations.
6. ACCESS TO PREMISES
The Contractor must arrange access in accordance with the applicable property management legislation in the Jurisdiction and will:
● Return keys on the same day and
● Contact the tenant directly if keys are unavailable.
7. PROTECTION OF PEOPLE AND PROPERTY
The Contractor must:
(a) Take reasonable steps to safeguard people, property, and infrastructure near the worksite;
(b) Ensure work does not cause undue nuisance or disturbance;
(c) Cover any damages, fines, or costs resulting from breaches of this clause; and;
(d) Indemnify the Agent, the Representative and the Lessor against any related loss or liability.
8. INDEMNITY
The Contractor agrees to indemnify the Agent, the Representative and the Lessor against any liability arising from the Contractor’s performance or non-performance, except where liability is caused by the Agent’s, Representative’s or Lessor’s negligence.
9. WARRANTIES AND CARE & PROTECTION OF WORK
9.1
(a) The Contractor warrants that the Contractor: Possess the necessary qualifications, skills, and experience to perform the work competently;
(b) Can meet all requirements of these Terms and Conditions and any Work Order issued;
(c) Will comply with all relevant legislation so that the completed work will be fit for purpose; and
(d) Will maintain all required licences, permits, and approvals necessary under the applicable building and construction legislation or other legislation applicable in the Jurisdiction and other relevant laws.
9.2
The Contractor is responsible for:
(a) The care and security of all materials, tools, and equipment on site;
(b) Proper packaging and handling to prevent material damage;
(c) Securing the worksite until completion;
(d) Repairing any loss or damage occurring while the work is in progress;
(e) Protecting the Agent’s and Lessor’s Property at all times; and
(f) Ensuring that they leave the Property in a clean, tidy and safe condition when the job is complete.
10. PRIVACY AND CONFIDENTIALITY
Should the Contractor receive any confidential or personal information as defined in the Privacy Act 1988 (Cth) with respect to the Agent, the Representative, the Agent’s or the Representative’s client/s or business or relating to the Lessor or Tenant(s), such information may only be used to facilitate provision of the Contractor's services and must not be disclosed to third parties whatsoever unless the Agent's or the Representative’s consent in writing has been obtained or otherwise required by law.
11. INSURANCE REQUIREMENTS
(a) The Contractor will evidence on demand that all insurance policies detailed in the Appointment Form are given to the Agent and the Representative, and will remain in effect.
(b) During performance of any services/works performed for the Agent, the Contractor warrants compliance with the applicable worker’s compensation and rehabilitation legislation and all applicable building and construction legislation, in the Jurisdiction.
12. PROVISION OF DOCUMENTS
The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address, for delivery or service of documents.
13. DEFINITIONS
(a) “Agent” means the licensed real estate agent named in the Appointment
(b) “Appointment Form” means the contractor appointment form completed by the Agent appointing the Contractor;
(c) “Contractor” means the contractor named in the Appointment Form;
(d) “Jurisdiction” means the State or Territory in which the Property is located;
(e) “Lessor” means one or more owners, or lawfully authorised representative/s of the owner of the Property;
(f) “Property” means the property detailed in the Appointment Form;
(g) “Representative” means the @realty representative of the Agent;
(h) “Tenant” means one or more of the tenants of the Property;
(i) “Terms and Conditions" means the terms and conditions set out herein; and
(j) “Work Order” means an order produced by the Agent or the Representative acting on instructions from the Agent or the Representative addressing repairs that are needed to the Prop