All prices are quoted as indicated at Item A on the basis of costs of labour and materials or labour only at the date of the quotation, and are valid for a period of 21 days or as specified at Item B. At the expiration of the appropriate period the contractor shall not be bound by the quotation and will be entitled to provide a new quotation to the client.
Any of this contract must in writing and signed by the parties. Should the client desire any alterations, omissions or additional work to be effected in connection with the work or should such variations be required by the conditions hereof the client shall be in breach hereof until such variation is authorised in writing by the client. All variations shall be within the general scope of this contract so as to be within the character and extent contemplated by and capable of being executed within the applicable conditions of this contract. Unless otherwise agreed (whether by fixing an hourly rate to be paid for such variations or a lump sum price for such variations) all authorised variations shall:
a) Be valued according to the provisions of this sub-clause and the valuation thereof shall be added to or deducted from the contract sum as the case may be required; and
(b) Be submitted in writing or given in verbal form by the contractor to the client setting out a reasonable price for each variation; and
c) In determining the value of a variation a reasonable allowance shall be credited to the contractor for overhead and profit on all items whether omitted or added. For the purpose of this clause overhead shall be deemed to include, but not limited to, relevant items included in preliminaries or general clauses of the specifications.
d) If the client does not dissent from the price submitted by the contractor within seven (7) days that price shall be used for the purpose of the variation to the contract sum.
e) If the client does dissent and state his reasons for so doing then the parties shall endeavour to agree on the valuation of the variation prior to the commencement of the execution of the variation by the contractor who shall not be obliged to accept the variation to the contract works until such agreement is reached.
3. ALTERATIONS TO CONDITIONS
Any alterations in these conditions agreed by the contractor and the client shall be binding on the parties only if in writing and signed by them. The whole of the terms, conditions and warranties of and incidental to the contract set out herein and shall not be in any way altered, varied, suspended or effected by reference to any prior stipulations, conditions or agreements whether written or oral.
4. REMOVAL OF MATERIALS
Any materials removed from the client’s premises in connection with the work authorised and shall be the property of the contractor unless otherwise agreed in writing by the parties. All materials on the site shall be the property of the contractor. The contractor may decide (solely at his own discretion) to reuse any materials.
The contractor is free to remove from the job site any materials that has been supplied by him at any time of his choosing.
a) Unless it is otherwise specified in Item C of this contract all pre-existing structures including but without limiting the generality thereof all floors, walls, ceilings, doors, frames, roofing, skirtings, linings, architraves, balustrades and other items included in the work necessary to produce conformity with the assumptions made in the preceding sentence shall be charged by the contractor to the client at a value calculated by applying the provisions of clause 2 hereof with all necessary charges
b) Alternatively the contractor may at his option instead of invoking the previous sub-clause of this clause if in the course of executing the work discovers that such pre-existing structures referred to in previous sub-clauses of this clause are not structurally sound and fit sufficiently for the execution of the work so as to make it impracticable or inexpedient for him to continue the work without repairing or replacing of such structures or any part of thereof suspend the work and require the client to make arrangements satisfactory to the contractor for the carrying out of all necessary work to make such structures structurally sound and fit sufficient for the execution of the work and if the client shall fail to have such work carried out within a time acceptable to the contractor the contractor may determine this contract and the contractor shall be entitled to payment for all of the work done.
c) The contractor shall be the sole judge as to whether any and what work needs to be carried out to render such structure structurally sound and fit sufficient for the execution of the works.
6. MATERIALS AND EQUIPMENT
All materials used shall be of good quality. No responsibility will be accepted by the contractor when he has indicated to the client in either verbaly or in writing that the surface is considered unfit to take the specific coating for any reason. All materials, and equipment will be provided by the contractor, except when otherwise agreed. The client acknowledges that it is not possible for the contractor to know the condition below the surface and that should any failure occur due to the condition below the surface the client must still pay the contractor all monies owing hereunder and the contractor shall not be responsible to the client whatsoever for such failure. Brand name proprietary products are supplied with the manufacturer’s warranty and guarantee. The liability of the contractor is limited to the extent that the manufacturer extends warranty to the client.
7. SUSPENSION IN DEFAULT OF PAYMENT
a) If the client shall make default in any of the following respects, namely:
i) If he fails to pay the contractor any payment within one (1) day of the due date; or
ii) If he commits an act of bankruptcy or executes a Deed of Assignment or Deed of Arrangement or enters into a composition or any other arrangement with his creditors, or being a company enters into liquidation whether compulsory or voluntary (except for the purpose of reconstruction); or
(iii) If he intimates that he is unable to make any payment required by this contract THEN the contractor may without prejudice to any other rights or remedies, thereupon by no notice , determine his employment under this contract.
b) Upon the determination of the contractor’s engagement pursuant to this clause the contractor shall be entitled to recover from the client all loss, damage and/or expenses caused to the contractor by reason of or arising out of his performance of the works and determination
c) Should the client fail to pay or cause to be paid any payment within one (1) day of its becoming due or commit any other breach of this contract the contractor may without prejudice to his right to determine his employment under this contract in pursuance of the provisions of previous sub-clauses suspend the works. If he does so suspend the works he shall promptly give notice of such suspension to the client.
8. COMPLETION AND DELAYS
The contractor agrees to complete all works authorised in a good and workmanlike manner as soon is as reasonably practicable and whether or not a definite date for completion has been quoted shall not be responsible for any delay in completion or damage occasioned directly or indirectly by
i) Authorised variations or extras;
ii) By a suspension under the works of clause 7;
iii) Inclement weather or conditions resulting from inclement weather;
iv) Proceedings being taken or threatened by, or disputes with, adjoin or neighbouring owners or residents;
v) Any civil commotion labour disputes or combination of workers or strikes or lockouts affecting the works or any of the trades employed upon the work or affecting the manufacture or supply of materials for the works;
vi) The general unavailability of labour or any materials necessary for the completion of the works, for reasons other than those in (v) above;
vii) Any act, default or omission on the part of the client;
viii) Delay on the part of any local or other authority in granting or issuing any necessary consent or approval; (ix) Fire, lightning, act of God or any other inevitable accident;
x) By any other matter, cause or thing beyond the control of the contractor
The contractor will be responsible for all insurances required including public liability, workers compensation but the contractor will not be liable for any damage, injury, act, matter, thing or default of the client or is caused by circumstances beyond his control.
10. WORKING CONDITIONS
Unless stated at Item D all work to be carried out during normal working hours and overtime will only be work by mutual agreement in writing between the contractor and the client which shall be deemed a variation to the contract to which the provisions of clause 2 apply. The client will provide reasonable free and uninterrupted access for the contractor to carry out the work as required, and will provide free access to and use of adequate supplies of water, electricity and suitable toilet and washing facilities and free suitable storage facilities for materials and equipment being used. The contractor undertakes to leave the site in good order and condition having regard to its condition at the time of the commencement of work.
If the contractor considers the job site conditions and arrangments are unsafe in any way the contractor is free to imediatly cease work or terminate the contract.
Except where otherwise expressly required, any notice necessary or required to be given hereunder shall be deemed to be sufficiently given if delivered by hand or sent by prepaid post addressed or give verbaly to the person to whom it is necessary or required to be given or left at the address of the party shown herein or at his place of abode and shall in the case of posting be deemed to have been received at the expiry of two clear days of posting.
All stipulations contained in this agreement shall be so constructed as not to infringe the provisions of any act whether State or Federal but if any such stipulation on its true interpretation does infringe any such provisions the same shall be deemed to be void and severable but all other provisions shall otherwise have full force and effect.
13. GOVERNING LAW
Notwithstanding the domicile or residence of any of the parties to this agreement the parties agree that this agreement shall be governed by and constructed in accordance with the law of the State of QLD. The parties hereby submit to the no exclusive jurisdiction of the appropriate forum of the state of Queensland with respect to any legal proceedings, process or contest in connection with or in relation to this agreement.
In the event of a difference arising between the client and contractor either during the performance of the works or after their completion following determination of the contract its abandonment or breach or as to the proper interpretation of the contract or any other matter or thing whatsoever arising from the contract or connected therewith, each party agrees to attempt to settle such dispute or difference by mediation. Either party may apply to the president or the person acting as president for the time being of the Master Painters Association of Queensland or its successor to appoint a mediator and each party agrees to comply with the directions of the mediator and to undertake all such steps reasonably necessary to conduct a bona fide attempt to reach settlement by mediation in accordance with the policy of the Master Painters Association in relation to mediation from time to time adopted by the association including any policy provided by the secretary of the association to the parties shall be conclusive proof of the association’s policy. Neither party shall be entitled to commence or maintain any proceedings in court or tribunal with respect to such dispute or difference until the conclusion of the mediation or if applicable a subsequent arbitration herein provided for and if such mediation shall settle the dispute or difference then only to recover the sum agreed to be paid, if any, as result of such mediation. Should such mediation fail to settle the dispute then upon receipt or notice from the mediator, that the dispute has not been resolved, the association may thereafter appoint an arbitrator who is a member of the Queensland Chapter of the institute of Arbitrators Australia and the dispute or difference shall be referred to the arbitration of such arbitrator in accordance with the provisions of the Commercial Arbitration Act 1990. Neither party shall be entitled to legal representation in such mediation or arbitration unless the amount in the dispute exceeds $5000. Neither party shall be entitled to commence or maintain any proceedings in any court or tribunal with respect to such dispute or difference unless and until the arbitrator shall have published his final award and then only to be able to recover the sum payable in accordance with that award. The provisions of this clause relating to arbitration shall not apply in respect of contracts to which the Queensland Building Services Authority Act 1991 prohibits reference to arbitration or declares provision requiring a reference to arbitration to be void.
15. PAYMENT INCLUDING PROGRESS PAYMENTS
The client shall pay the price to the contractor on the date/s specified in the quotation/contract. Any contract over $2500 requires progressive payments to be made at Five (5 ) stages or in a manner agreed by both parties.
Stage 1: At time of acceping the contractors qoute Deposit of 15% of the total value of the contracted price
Stage 2: At completion of preparations for painting 30% of the contracted price is required
Stage 3: At completion of one (1) coat of paint being applied 30% of the contracted price is required
Stage 4: At completion of second/final coat all variations and extras added to the contract are to be paid in full
Stage 5: At completion of work as contracted payment of 25% of the contracted payment is required as Final Payment.
All progress payments shall be made by the client to the contractor within one working day of the date receipt by the client of a progress claim. The client shall pay to the contractor interest on any monies owing to the contractor calculated at the current Commonwealth Bank base rate plus 10% from the date the money was payable to the date of payment inclusive of periods where the work has been suspended. FULL PAYMENT DUE AT THE TIME OF COMPLETION
The contractor shall have access to the client’s premises where any of the contractor’s equipment or materials are located, without the consent of the client. and at any time of the contractrors choosing
This quotation becomes a contract upon either verbal, writen or electronic acceptance of the written quote.
18. TERMINATION OF CONTRACT
The contractor is free to terminate the agreed contract at any time of his choosing without any liability or being subjected to any compensation claims by the client and with out having to give the client prior notice if any of the above points are considered by the contractor to have been breached.
19. COOLING-OFF PERIOD
The client has seven (7) days after the accepting of the contract for a cooling-off period where the contract can be suspended or review the agreement of the contractor.