Please read prior to any dealings with 6 Axis Build Pty Ltd.
Our company accepts that all customers have read and agree with our terms of trading as outlined below.
1. Definitions
1.1 “Client” means the person and/or entity specified as the Client on the Work Approval Form.1.2 “Contractor” means 6 Axis Build Pty Ltd.
1.3 “Delivery Site” means the site named as the delivery site on the Work Approval Form.
1.4 “Guarantor” means the person/entity named as the Guarantor on the Work Approval Form.
1.5 “Goods” shall mean goods supplied by the Contractor to the Client and are as described on the Work Approval Form.
1.6 “GST” has the meaning given to that term by the A New Tax System (Goods and Services Tax) Act 1999.
1.7 “Price” shall mean the price stated on the Work Approval Form and as may be varied in accordance with clause 2 of this agreement.
1.8 “Services” means the services supplied by the Contractor to the Client and are as described on the attached Work Approval Form.
1.9 “Work Approval Form” means the form titled “Work Approval Form” attached to this agreement.
1.10 “Hired Goods” means the provision by the Supplier to the Customer of Goods on a hire basis (i.e. the Goods are being hired, and are not being sold, transferred, given or passed, from the Supplier to the Customer).
1.11 “Labour Hire” means the provision by the Supplier to the Customer of the Supplier’s labour hire workers as required by the Customer to perform the Services.
2. Price And Payment
2.1 The Client must pay the Price to the Contractor.
2.2 The Contractor reserves the right to change the Price in the event of a variation to the Work Approval From. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties beyond the reasonable control of the Contractor such as hard rock barriers below the surface or iron reinforcing rods in concrete) will be charged for on the basis of the Contractors then current rates and will be shown as variations on the invoice.
2.3 At the Contractors sole discretion, payment must be made at either:
(a) prior to delivery of the Goods and/or commencement of the provision of the Services;
(b) on delivery or completion (as applicable) of the Goods and/or Services; or
(c) within 7 days of provision of a tax invoice for the Goods and/or Services.
2.4 The Client must not set off any amount owing by the Contractor to the Client against the Price.
2.5 Payment must be made by cash, bank cheque, direct credit or credit card. Payment by credit card will incur a 3% surcharge above the Price.
2.6 The Price excludes any GST or other applicable taxes or duties. Any applicable GST, other tax or duty will be payable in addition to the Price.
2.7 If the Client fails to pay the Price in accordance with this agreement, without limiting any other remedies available to the Contractor, the Contractor may suspend or terminate the supply of Goods and/or Services to the Client and any of its other obligations under the terms and conditions. The Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this clause.
2.8 Late fees on overdue invoices shall accrue monthly from the date when payment becomes due, until the date of payment, at a rate of 10% per annum calculated monthly.
2.9 If any account remains overdue after 30 days then an amount of the greater of $50.00 or 20.00% of the amount overdue (up to a maximum of $500.00) shall be levied for administration fees which sum shall become immediately due and payable.
2.9(b) If no attempt has been made by the Client to pay within 30 days, invoices will be automatically forwarded to a debt collector and any charges incurred will be payable by the Client.
3. Delivery, title and risk
3.1 Delivery of the Goods and/or Services shall take place when the Goods and/or Services are delivered to the Delivery Site.
3.2 The Contractor may deliver the Goods and/or Services by separate instalments.
3.3 The Client shall take delivery of the Goods and/or Services tendered notwithstanding that the quantity delivered shall be either greater or lesser than the quantity ordered. The Contractor will adjust the Price pro rata to the discrepancy.
3.4 The failure of the Contractor to deliver shall not entitle either party to treat this agreement as repudiated.
3.5 The Contractor shall not be liable for any loss or damage whatever due to failure by the Contractor to deliver the Goods and/or Services (or any part of them) promptly or at all, where due to circumstances beyond the control of the Contractor.
3.6 Title to an item of Goods passes from the Contractor to the Client when all amount payable by the Client to the Contractor under this agreement or in connection with the Goods and/or Services have been paid in full and any other obligations of the Client in respect of all contracts between the Contractor and the Client have been met.
3.7 The Client bears the risk relating to the Goods and/or Services from the delivery of the Goods and/or Services to the Delivery Site.
3.8 It is further agreed that:
(a) where practicable the Goods and/or Services shall be kept separate and identifiable until the Contractor shall have received payment and all other obligations of the Client are met;
(b) until such time as ownership of the Goods and/or Services shall pass from the Contractor to the Client the Contractor may give notice in writing to the Client to return the Goods and/or Services or any of them to the Contractor;
(c) if the Client fails to return the Goods and/or Services to the Contractor then the Contractor or the Contractors agent may enter premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods and/or Services are situated and take possession of the Goods and/or Services;
(d) the Client is only a bailee of the Goods and/or Services and until such time as the Contractor has received payment in full for the Goods and/or Services then the Client shall hold any proceeds from the sale or disposal of the Goods and/or Services, up to and including the amount the Client owes to the Contractor for the Goods and/or Services, on trust for the Contractor;
(e) the Client shall not charge the Goods and/or Services in any way nor grant nor otherwise give any interest in the Goods and/or Services while they remain the property of the Contractor;
(f) the Contractor can issue proceedings to recover the Price of the Goods and/or Services sold notwithstanding that ownership of the Goods and/or Services may not have passed to the Client; and
(g) until such time that ownership in the Goods and/or Services passes to the Client, if the Goods and/or Services are converted into other products, the parties agree that the Contractor will be the owner of the end products.
4. Limitation of liability
4.1 Subject to clauses 4.2, 4.3 and 4.4, the Contractor is not liable for any loss or damage, including consequential loss, however caused (including by the negligence of the Contractor) suffered by the Client in connection with the Goods and/or Services. 6 Axis Build Pty Ltd Terms & Conditions of Trade.
4.2 The Client shall inspect the Goods and/or Services immediately on completion and/or delivery (time being of the essence) notify the Contractor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Contractor an opportunity to inspect the Goods and/or Services within a reasonable time following delivery if the Client believes the Goods and/or Services are defective in any way. If the Client shall fail to comply with these provisions the Goods and/or Services shall be presumed to be free from any defect or damage.
4.3 Any claim made by the Client must against the Contractor for loss or damage however caused (including by the negligence of the Contractor) suffered by the Client in connection with the Goods and/or Services must be made in accordance with clause 4.2 or in a reasonable time of the Client becoming entitled to make the claim and any claim not made in accordance with clause 4.2 and this clause 4.3 is absolutely barred. 4.4 If the Trade Practices Act 1974 (Cth) or any other legislation implies a condition or warranty into this agreement in respect of goods or services supplied, and the Contractors liability for breach of that condition or warranty can not be excluded but may be limited, clause 4.1 does not apply to that liability and instead the Contractors liability for such breach is limited to, in the case of a supply of goods, the Contractor replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, the Contractor supplying the services again or paying for the cost of having the services supplied again.
5. Indemnity
5.1 The Client is liable for, and indemnifies the Contractor from and against, all loss or damage (including legal costs on a solicitor and client basis) incurred or suffered by the Contractor however caused in connection with:
(a) this agreement;
(b) any breach of this agreement by the Client;
(c) pursuing payment of any outstanding amounts owed to the Contractor by the Client;
(d) any claim or threatened claim by a third party in connection with Goods and/or Services;
(e) any unlawful or negligent act or omission of the Client or any person acting or purporting to act on behalf of the Client.
6. Client requirements
6.1 The Client must:
(a) provide the Contractor with clear access to the Delivery Site to enable the Contractor deliver the Goods and/or provide the Services;
(b) follow the directions of the Contractor in connection with the provision of the Goods and/or Services; and
(c) provide the Contractor with such information and assistance necessary to enable the Contractor to deliver the Goods and/or provide the Services, including prior to the Contractor commencing any work the Client must advise the Contractor of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, Telstra cables, fibre optic cables, oil pumping mains, and any other services that may be on site. Whilst the Contractor will take all care to avoid damage to any underground services the Client agrees to indemnify the Contractor in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 6.1.
6.2 The Client acknowledges and agrees that if the Client does not comply with clause 6.1 then the Contractor is only obliged to endeavour to supply the Goods and/or Services to the Client.
7. Guarantee
7.1 The Guarantor unconditionally and irrevocably guarantees to the Contractor:
(a) the Client’s payment of any money the Client is required to pay;
(b) the performance and observance of the Client’s obligations; and
(c) the payment of any indemnity or damages payable by the Client for the Client’s failure or delay to fulfil any of the Client’s obligations.
7.2 If the Client defaults in:
(a) the payment of any amount due under this agreement, the Guarantor must pay that amount on demand to the Contractor; or
(b) the performance and observance of any of the Client’s other obligations under this agreement, the Guarantor must pay to the Contractor on demand all losses, damages, expenses and costs which the Contractor is entitled to recover because of that default, whether or not the Contractor has exercised or exhausted the Contractor’s remedies for their recovery from the Client.
7.3 As a separate and additional liability, the Guarantor indemnifies the Contractor in respect of:
(a) all liabilities incurred by the Contractor arising directly or indirectly out of any default or delay by the Distributor in the performance and observance of the Client’s obligations under this agreement;
(b) any money payable under this agreement (including money which would have been payable if it were recoverable which is not recoverable from the Client for any reason and whether or not:
(i) any transaction relating to any money payable under this agreement was void or illegal or has been avoided; or
(ii) anything relating to that transaction was or ought to have been known to the Contractor.
7.4 This clause contains a continuing guarantee and indemnity despite any settlement of account, intervening payment or anything else until all money payable under this agreement has been paid in full and all the Client’s other obligations under this agreement have been performed and observed.
8. Termination
8.1 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client. 6 Axis Build Pty Ltd Terms & Conditions of Trade
8.2 The Contractor may terminate this agreement at any time by notice to the Client in which case this agreement will terminate on the date specified in that notice, or if no date is specified, immediately.
8.3 The Client expressly waives any rights it may have to terminate this agreement.
8.4 The Client acknowledges that the Contractor may terminate this agreement under this clause 8 without considering the impact on the Client.
8.5 After termination of this agreement, accrued rights or remedies of a party are not affected.
9. Security and Charge
9.1 Despite anything to the contrary contained herein or any other rights which the Contractor may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Contractor or the Contractor’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Contractor (or the Contractor’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the Contractor elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Contractor or the Contractor’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 9.1.
10. Insurance
10.1 The Contractor shall maintain public liability insurance of at least $5m. The Client must maintain insurances that a prudent person in the circumstances would maintain.
11. Dispute Resolution
11.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
12. Compliance with Laws
12.1 The Client shall comply with the provisions of all statutes, regulations and by-laws of government, local and other public authorities that may be applicable to the works.
12.2 The Client shall obtain (at its own expense) all licences and approvals that may be required for the works.
12.3 The Client must ensure that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
13. Privacy Act 1988.
13.1 The Client and/or the Guarantor/s agree for the Contractor to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Contractor.
13.2 The Client and/or the Guarantor/s agree that the Contractor may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Client;
(b) to notify other credit providers of a default by the Client;
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and
(d) to assess the credit worthiness of Client and/or Guarantor/s.
13.3 The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1h) Privacy Act 1988.
13.4 The Client agrees that personal credit information provided may be used and retained by the Contractor for the following purposes and for other purposes as shall be agreed between the Client and Contractor or required by law from time to time:
(a) provision of Goods and/or Services;
(b) marketing of Goods and/or Services by the Contractor, its agents or distributors in relation to the Goods and/or Services;
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods/Services;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods and/or Services.
13.5 The Contractor may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
14. Building and Construction Industry Security of Payments Act 1999
14.1 At the Contractor’s sole discretion, if there are any disputes or claims for unpaid Goods/Services and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 (NSW) may apply.
14.2 Minimum 4 hour charge + delivery applies on all equipment and labour required by the client from us. Any duration period over 6 hours entitles the operator to a 30min lunch break at the Clients expense.
15. General
6 Axis Build Pty LtdTerms & Conditions of Trade
15.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and the parties submit to the jurisdiction of the courts of that Queensland.
15.3 The Contractor may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
15.4 The Client agrees that the Contractor may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Client of such change.
15.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
15.6 The failure by the Contractor to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Contractor’s right to subsequently enforce that provision.
15.7 This agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
15.8 If a party to this agreement consists of more than one person then an obligation of those persons under this agreement is joint and several.
15.9 Any instructions received by the Contractor from the Client for the supply of Goods and/or Services or the Client’s acceptance of Goods and/or Services supplied by the Contractor shall constitute acceptance of the terms and conditions contained herein.
15.10 In this document, unless the context requires otherwise:
(a) the singular includes the plural and vice versa;
(b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(c) a reference to a party, clause, paragraph, schedule or annexure is a reference to a party, clause, paragraph, schedule or annexure of this document;
(d) a reference to any document or agreement includes a reference to that document or agreement as amended, novated, supplemented, varied or replaced from time to time;
(e) a reference to a time is a reference to Australian Eastern Standard Time;
(f) a reference to a party includes its executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns;
(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(h) words and expressions denoting natural persons include bodies corporate, partnerships, associations, firms, governments and governmental authorities and agencies and vice versa; and
(i) a reference to any legislation or to any provision of any legislation includes:
(i) any modification or re enactment of the legislation;
(ii) any legislative provision substituted for, and all legislation, statutory instruments and regulations issued under, the
legislation or provision; and
(iii) where relevant, corresponding legislation in any Australian State or Territory.
16. Hired Goods
If the provision of Goods from the Supplier to the Customer includes Hired Goods, then the following additional terms and conditions in this clause 16 apply:
16.1 The Supplier agrees to provide Hired Goods
to the Customer for the hire period between the commencement date and the completion date being the hire period, and the Supplier will observe so far as practicable these dates, but cannot guarantee strict compliance as to the date and time, and will not be under any liability which by law cannot be excluded if the Customer’s requirements are not met.
16.2 The Customer must sign a hire schedule and such other documents as the Supplier may require in relation to the Hired Goods. By taking delivery of Hired Goods, even if a hire schedule is not signed, the Customer agrees to these Terms.
16.3 Each hire schedule and such other documentation are not a separate contract but form part of these Terms between the Supplier and the Customer, together with any credit applications, guarantee or other contractual documents.
16.4 The Supplier may in its sole discretion determine that the off-hire date is when the Hired Goods
become off-hired and not at the end of any specified hire period. Otherwise, the Supplier may in its sole discretion, decide whether to accept return of the Hired Goods before the end of the hire period. Such an acceptance does not alter the hire period and the Customer will remain liable for all Prices payable to the Supplier despite early return of the Hired Goods.
16.5 The Customer must ensure the Hired Goods are used for the purpose for which they was designed by
6 Axis Build Pty Ltd - Terms and conditions of section 17
the manufacturer of the Hired Goods, and are used
by the Customer through an authorised person of
the Customer having the appropriate qualifications, training and licences to operate the Hired Goods and in accordance with all applicable laws and regulations in a skilful, safe and tradesman like manner not extending beyond the Hired Good’s capacity (having regard to manufacturer’s specifications) and not having to endure more than normal wear and tear.
16.6 The Customer must properly attach any operating or safety signs supplied with the Hired Goods and ensure that they are visible, legible and drawn to the attention of every person who uses or operates the Hired Goods before they do so.
16.7 The Customer agrees to perform all necessary searches and checks to the site on which the Hired Goods will be used, including any “dial before you dig” search, even if the Hired Goods are to be operated or used by the Labour Hire.
16.8 The Customer must notify the Supplier immediately if any of the Hired Goods break down, malfunction or are damaged.
16.9 The Customer must not undertake any repair to the Hired Goods without the Supplier’s prior consent.
16.10 The Customer must properly maintain and clean the Hired Goods during the hire period and return the Hired Goods to the Supplier in good, clean repair and condition before the end of the hire period.
16.11 The Customer agrees to pay any costs of repairing or replacing damaged or missing Hired Goods or for the cleaning of such Hired Goods.
16.12 The Customer agrees to pay the cost of fuels and consumables in relation to the Hired Goods provided by the Supplier and that are not returned to the Supplier by the Customer.
16.13 The Customer must ensure that a check of all levels, fuelling, greasing, oiling and proper servicing of all Hired Goods is carried out on a daily basis.
16.14 The Customer must not transfer, assign, encumber, loan, lease or sell the Hired Goods and must not (except for the purpose or returning the Hired Goods) remove the Hired Goods or allow the Hired Goods to be removed from the Customer’s address notified to the Supplier where the Hired Goods were to be used, without the written consent from the Supplier.
16.15 The Customer must not alter, make any additions to or deface or alter any identifying mark, plate or number on or in the Hired Goods or interfere with the Hired Goods in any manner.
16.16 The Customer must ensure that the Hired Goods
are not stolen. The Customer accepts full responsibility for the safe-‐keeping of the Hired Goods and agrees to indemnify the Supplier for all loss, theft or damage to the Hired Goods during the hire period.
16.17 The Customer agrees that the Supplier is entitled to assume that any one appearing to be an authorised person of the Customer is authorised to sign a hire schedule and enter into any dealings in relation to the Hired Goods and in accordance with these Terms.
16.18 The Customer agrees that it accepts delivery of the Hired Goods in an “as is” condition unless it indicates otherwise at the time of delivery.
16.19 The Customer agrees that it understands the safe and proper use of the Hired Goods and has received adequate training in their operation and use.
16.20 The Customer agrees that the Supplier may inspect, repair or remove (in the event of any default by the Customer) the Hired Goods at any time and access to the Hired Goods must be granted to the Supplier for that purpose.
17.
17.1 When a client makes an online request to hire goods/and or services, we retain complete discretion to determine if we will hire you the goods/and or services as we see fit and without explanation to you.
17.2 A client acknowledges that the goods/and or services may not be available on the days or at the time requested and we are under no obligation to provide the goods/and or services at the time
requested by you. We do not warrant that that goods/ and or services will be available on the days or at the time in which you wish to hire them.
17.3 You acknowledge that in the event we are unable to provide or supply the goods/and or services, the Supplier may in its discretion cancel the order despite the order being accepted by us and your account being charged or you having paid for the goods/and or services. In the event that we cancel the goods/and or services, the client will be provided with a refund. We will not be responsible for any loss or damage arising out of the cancellation.
17.4 In order for an online order to be considered to commence on the following day, an order must be placed by 2pm on the business day before the proposed commencement date.
17.5 We cannot guarantee that goods and or services will be provided on weekends and or public holidays or that Supplier will review or process a request submitted on a weekend and or public holiday.
17.6 Each client, including existing clients, new users with an account or guest users must provide accurate information when they create an account and agrees to keep this information accurate, current and complete.
17.7 We reserve the right to cancel or suspend an online account should the information that has been provided by the client be inaccurate or false.
17.8 It is the responsibility of the client to keep their account information safe, secure and confidential. The client will be liable for any unauthorised activity on
their account, including any rental transactions entered into and purchases made on its account. The client agrees that he/she/it will not provide passwords or log in information to a third party and is responsible for any activity, including unauthorised activity undertaken on its account.
17.9 The user is required to immediately notify the Supplier of any unauthorised activity on its account.
17.10 You acknowledge and agree that all pictures displayed on the website of items are intended to be
a guide only and you may be provided with a different brand or model at the discretion of the Supplier upon commencement of the rental period. We will not be liable for any claims arising out of our inability to supply the advertised brand or model.
18. Labour Hire
If the provision of Services from the Supplier to the Customer includes Labour Hire, then the following additional terms and conditions in this clause 18 apply:
18.1 The minimum Labour Hire period payable by the Customer is 4 hours.
18.2 The Customer will provide the Labour Hire with any specific tools, equipment and consumables so required to allow the performance of the work required of the Labour Hire unless the Customer requests the Supplier to inform the Labour Hire to provide their own specific tools, equipment and consumables. If so, additional charges will apply to the tools, equipment and consumables that the Supplier supplies via the Labour Hire to the Customer.
18.3 The Customer will provide no less than 8 hours notice of cancellation or notice of postponement to the Supplier. If such notification is made with less than 8 hours notice being given to the Supplier, a minimum of 4 hours’ cost will be payable by the Customer.
18.4 In the event of inclement weather or any other emergency when a full schedule of work (8 hours) is not accomplished by the Labour Hire, a minimum of 4 hours’ cost will be payable by the Customer.
18.5 The Customer recognises that the Supplier makes every effort to maintain high standards of integrity and reliability among the Labour Hire. However, the Supplier does not accept responsibility for any claim, damage, expense or delay arising from any failure by itself to provide the Customer with Labour Hire for all or part of a booking or from any lack of skill, negligence or misconduct in relation to the Labour Hire provided to the Customer.
18.6 The hourly rate for Labour Hire payable by the Customer must be agreed upon between the Supplier and the Customer, either verbally or in written format. Acceptance by the Customer of Services that include Labour Hire is deemed to also be acceptance of such reasonable Labour Hire hourly rate as determined by the Supplier in its sole discretion, where no explicit rejection, either verbally or written, of such hourly rates has been provided by the Customer. To be clear, the hourly rate of Labour Hire will not be less than
the hourly rate of pay that the Customer’s employees and/or contractors receive for performing the same or substantially similar work to that to be performed by the Labour Hire.
18.7 The Customer will charge the Supplier a penalty hourly rate, and the Supplier will pay that penalty hourly rate, where the Supplier is required to pay the Labour Hire assigned to the Customer a penalty hourly rate, in accordance with the following:
a)Monday to Friday, between 6am and 6pm first 8 hours at the agreed upon rate;
b)Monday to Friday, between 6am and 6pm after 8 hours at 1.5 times the agreed upon rate;
c)Monday to Friday, between 6pm and 6am first 8 hours at 1.5 times the agreed upon rate;
d)Monday to Friday, between 6pm and 6am after 8 hours at 2.0 times the agreed upon rate;
e)Saturday, first 2 hours at 1.5 times the agreed upon rate;
f)Saturday, after 2 hours at 2.0 times the agreed upon rate; and
g)Sunday and public holidays, at 2.0 times the agreed upon rate.
18.8 The Customer must comply with all laws applicable to each site at which Labour Hire is utilised, including in relation to the property, plant and equipment made available by the Customer and those employees of the Customer who work with the Labour Hire. Without limiting the generality of this requirement, the Customer is responsible for all inspections, permits and approvals required by law and for ensuring that all plant and equipment made available by the Customer (including motor vehicles and machinery) is registered where required and meets all applicable standards required by law.
18.9 During the period of the Services, the Customer must have adequate insurance to cover loss or damage to the Customer’s property or the property
of other persons including machinery, motor vehicles and other plant and equipment and death or personal injury (to the Customer’s personnel or any other person including the Labour Hire) caused or contributed to by the Labour Hire whilst it is being provided to the Customer. To be clear, this insurance must cover the Supplier and its Labour Hire.
18.10 The Customer will ensure that each Labour
Hire person maintains a timesheet recording the number of hours worked, and when those hours were worked. The timesheet must be countersigned by the Customer’s authorised representative at the end of each week.
18.11 Whilst the Supplier will use all reasonable endeavours to meet the Customer’s requirements and ensure the quality of the Labour Hire, the Supplier
is not liable for any loss or damage (including consequential loss or damage) arising from any negligence, dishonesty, carelessness or lack of skill of the Labour Hire.
18.12 To the extent that the Supplier’s liability cannot be limited as provided in these Terms, the Supplier’s liability is limited to the Supplier supplying the Services again or paying the actual market value cost of replacing the supply of the Services.
18.13 The Customer is responsible for the care and supervision of the Labour Hire whilst they are providing Services to the Customer.
18.14 The Customer is responsible for providing a safe and healthy workplace, and safe systems of work, for the Labour Hire.
18.15 The Customer is responsible for the operation and/or use of any Hired Goods by the Labour Hire.
18.16 The Customer acknowledges and agrees that it will comply with all applicable occupational, health, safety, environmental and associated legislation, regulations and codes of practice.
18.17 The Customer acknowledges and agrees that it will provide a comprehensive structured site and job safety induction for the Labour Hire.
18.18 The Customer acknowledges and agrees that it will provide adequate instruction and training to the Labour Hire.
18.19 The Customer acknowledges and agrees that it will advise the Supplier prior to any change in the nature of the tasks undertaken, equipment operated, and chemicals (or other consumables) used by the Labour Hire.
18.20 The Customer acknowledges and agrees that it will adequately supervise the Labour Hire at all reasonable times.
18.21 The Customer acknowledges and agrees that it will promptly advise the Supplier of any incidents and injuries involving the Labour Hire and assist in the rehabilitation of the Labour Hire injured at the Customers’ site by the provision of suitable alternative duties.
18.22 The Supplier may, from time to time, attend
the Customer’s site for the purpose of carrying out occupational health and safety inspections, safety/ toolbox meetings with the Labour Hire on site and the investigation of incidents and injuries.
18.23 The Customer is responsible for providing a workplace that complies with all other legal requirements relating to the work environment.
18.24 If any issue arises concerning the performance of any Labour Hire person or any potential or alleged misconduct of any Labour Hire person, the Customer must immediately advise a senior Supplier manager and the Customer must provide the Supplier with reasonable access to the Labour Hire person in question and reasonable co-operation to enable the Supplier to deal with the matter as the Supplier considers appropriate.
Our company accepts that all customers have read and agree with our terms of trading as outlined below.
1. Definitions
1.1 “Client” means the person and/or entity specified as the Client on the Work Approval Form.1.2 “Contractor” means 6 Axis Build Pty Ltd.
1.3 “Delivery Site” means the site named as the delivery site on the Work Approval Form.
1.4 “Guarantor” means the person/entity named as the Guarantor on the Work Approval Form.
1.5 “Goods” shall mean goods supplied by the Contractor to the Client and are as described on the Work Approval Form.
1.6 “GST” has the meaning given to that term by the A New Tax System (Goods and Services Tax) Act 1999.
1.7 “Price” shall mean the price stated on the Work Approval Form and as may be varied in accordance with clause 2 of this agreement.
1.8 “Services” means the services supplied by the Contractor to the Client and are as described on the attached Work Approval Form.
1.9 “Work Approval Form” means the form titled “Work Approval Form” attached to this agreement.
1.10 “Hired Goods” means the provision by the Supplier to the Customer of Goods on a hire basis (i.e. the Goods are being hired, and are not being sold, transferred, given or passed, from the Supplier to the Customer).
1.11 “Labour Hire” means the provision by the Supplier to the Customer of the Supplier’s labour hire workers as required by the Customer to perform the Services.
2. Price And Payment
2.1 The Client must pay the Price to the Contractor.
2.2 The Contractor reserves the right to change the Price in the event of a variation to the Work Approval From. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties beyond the reasonable control of the Contractor such as hard rock barriers below the surface or iron reinforcing rods in concrete) will be charged for on the basis of the Contractors then current rates and will be shown as variations on the invoice.
2.3 At the Contractors sole discretion, payment must be made at either:
(a) prior to delivery of the Goods and/or commencement of the provision of the Services;
(b) on delivery or completion (as applicable) of the Goods and/or Services; or
(c) within 7 days of provision of a tax invoice for the Goods and/or Services.
2.4 The Client must not set off any amount owing by the Contractor to the Client against the Price.
2.5 Payment must be made by cash, bank cheque, direct credit or credit card. Payment by credit card will incur a 3% surcharge above the Price.
2.6 The Price excludes any GST or other applicable taxes or duties. Any applicable GST, other tax or duty will be payable in addition to the Price.
2.7 If the Client fails to pay the Price in accordance with this agreement, without limiting any other remedies available to the Contractor, the Contractor may suspend or terminate the supply of Goods and/or Services to the Client and any of its other obligations under the terms and conditions. The Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this clause.
2.8 Late fees on overdue invoices shall accrue monthly from the date when payment becomes due, until the date of payment, at a rate of 10% per annum calculated monthly.
2.9 If any account remains overdue after 30 days then an amount of the greater of $50.00 or 20.00% of the amount overdue (up to a maximum of $500.00) shall be levied for administration fees which sum shall become immediately due and payable.
2.9(b) If no attempt has been made by the Client to pay within 30 days, invoices will be automatically forwarded to a debt collector and any charges incurred will be payable by the Client.
3. Delivery, title and risk
3.1 Delivery of the Goods and/or Services shall take place when the Goods and/or Services are delivered to the Delivery Site.
3.2 The Contractor may deliver the Goods and/or Services by separate instalments.
3.3 The Client shall take delivery of the Goods and/or Services tendered notwithstanding that the quantity delivered shall be either greater or lesser than the quantity ordered. The Contractor will adjust the Price pro rata to the discrepancy.
3.4 The failure of the Contractor to deliver shall not entitle either party to treat this agreement as repudiated.
3.5 The Contractor shall not be liable for any loss or damage whatever due to failure by the Contractor to deliver the Goods and/or Services (or any part of them) promptly or at all, where due to circumstances beyond the control of the Contractor.
3.6 Title to an item of Goods passes from the Contractor to the Client when all amount payable by the Client to the Contractor under this agreement or in connection with the Goods and/or Services have been paid in full and any other obligations of the Client in respect of all contracts between the Contractor and the Client have been met.
3.7 The Client bears the risk relating to the Goods and/or Services from the delivery of the Goods and/or Services to the Delivery Site.
3.8 It is further agreed that:
(a) where practicable the Goods and/or Services shall be kept separate and identifiable until the Contractor shall have received payment and all other obligations of the Client are met;
(b) until such time as ownership of the Goods and/or Services shall pass from the Contractor to the Client the Contractor may give notice in writing to the Client to return the Goods and/or Services or any of them to the Contractor;
(c) if the Client fails to return the Goods and/or Services to the Contractor then the Contractor or the Contractors agent may enter premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods and/or Services are situated and take possession of the Goods and/or Services;
(d) the Client is only a bailee of the Goods and/or Services and until such time as the Contractor has received payment in full for the Goods and/or Services then the Client shall hold any proceeds from the sale or disposal of the Goods and/or Services, up to and including the amount the Client owes to the Contractor for the Goods and/or Services, on trust for the Contractor;
(e) the Client shall not charge the Goods and/or Services in any way nor grant nor otherwise give any interest in the Goods and/or Services while they remain the property of the Contractor;
(f) the Contractor can issue proceedings to recover the Price of the Goods and/or Services sold notwithstanding that ownership of the Goods and/or Services may not have passed to the Client; and
(g) until such time that ownership in the Goods and/or Services passes to the Client, if the Goods and/or Services are converted into other products, the parties agree that the Contractor will be the owner of the end products.
4. Limitation of liability
4.1 Subject to clauses 4.2, 4.3 and 4.4, the Contractor is not liable for any loss or damage, including consequential loss, however caused (including by the negligence of the Contractor) suffered by the Client in connection with the Goods and/or Services. 6 Axis Build Pty Ltd Terms & Conditions of Trade.
4.2 The Client shall inspect the Goods and/or Services immediately on completion and/or delivery (time being of the essence) notify the Contractor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Contractor an opportunity to inspect the Goods and/or Services within a reasonable time following delivery if the Client believes the Goods and/or Services are defective in any way. If the Client shall fail to comply with these provisions the Goods and/or Services shall be presumed to be free from any defect or damage.
4.3 Any claim made by the Client must against the Contractor for loss or damage however caused (including by the negligence of the Contractor) suffered by the Client in connection with the Goods and/or Services must be made in accordance with clause 4.2 or in a reasonable time of the Client becoming entitled to make the claim and any claim not made in accordance with clause 4.2 and this clause 4.3 is absolutely barred. 4.4 If the Trade Practices Act 1974 (Cth) or any other legislation implies a condition or warranty into this agreement in respect of goods or services supplied, and the Contractors liability for breach of that condition or warranty can not be excluded but may be limited, clause 4.1 does not apply to that liability and instead the Contractors liability for such breach is limited to, in the case of a supply of goods, the Contractor replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, the Contractor supplying the services again or paying for the cost of having the services supplied again.
5. Indemnity
5.1 The Client is liable for, and indemnifies the Contractor from and against, all loss or damage (including legal costs on a solicitor and client basis) incurred or suffered by the Contractor however caused in connection with:
(a) this agreement;
(b) any breach of this agreement by the Client;
(c) pursuing payment of any outstanding amounts owed to the Contractor by the Client;
(d) any claim or threatened claim by a third party in connection with Goods and/or Services;
(e) any unlawful or negligent act or omission of the Client or any person acting or purporting to act on behalf of the Client.
6. Client requirements
6.1 The Client must:
(a) provide the Contractor with clear access to the Delivery Site to enable the Contractor deliver the Goods and/or provide the Services;
(b) follow the directions of the Contractor in connection with the provision of the Goods and/or Services; and
(c) provide the Contractor with such information and assistance necessary to enable the Contractor to deliver the Goods and/or provide the Services, including prior to the Contractor commencing any work the Client must advise the Contractor of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, Telstra cables, fibre optic cables, oil pumping mains, and any other services that may be on site. Whilst the Contractor will take all care to avoid damage to any underground services the Client agrees to indemnify the Contractor in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 6.1.
6.2 The Client acknowledges and agrees that if the Client does not comply with clause 6.1 then the Contractor is only obliged to endeavour to supply the Goods and/or Services to the Client.
7. Guarantee
7.1 The Guarantor unconditionally and irrevocably guarantees to the Contractor:
(a) the Client’s payment of any money the Client is required to pay;
(b) the performance and observance of the Client’s obligations; and
(c) the payment of any indemnity or damages payable by the Client for the Client’s failure or delay to fulfil any of the Client’s obligations.
7.2 If the Client defaults in:
(a) the payment of any amount due under this agreement, the Guarantor must pay that amount on demand to the Contractor; or
(b) the performance and observance of any of the Client’s other obligations under this agreement, the Guarantor must pay to the Contractor on demand all losses, damages, expenses and costs which the Contractor is entitled to recover because of that default, whether or not the Contractor has exercised or exhausted the Contractor’s remedies for their recovery from the Client.
7.3 As a separate and additional liability, the Guarantor indemnifies the Contractor in respect of:
(a) all liabilities incurred by the Contractor arising directly or indirectly out of any default or delay by the Distributor in the performance and observance of the Client’s obligations under this agreement;
(b) any money payable under this agreement (including money which would have been payable if it were recoverable which is not recoverable from the Client for any reason and whether or not:
(i) any transaction relating to any money payable under this agreement was void or illegal or has been avoided; or
(ii) anything relating to that transaction was or ought to have been known to the Contractor.
7.4 This clause contains a continuing guarantee and indemnity despite any settlement of account, intervening payment or anything else until all money payable under this agreement has been paid in full and all the Client’s other obligations under this agreement have been performed and observed.
8. Termination
8.1 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client. 6 Axis Build Pty Ltd Terms & Conditions of Trade
8.2 The Contractor may terminate this agreement at any time by notice to the Client in which case this agreement will terminate on the date specified in that notice, or if no date is specified, immediately.
8.3 The Client expressly waives any rights it may have to terminate this agreement.
8.4 The Client acknowledges that the Contractor may terminate this agreement under this clause 8 without considering the impact on the Client.
8.5 After termination of this agreement, accrued rights or remedies of a party are not affected.
9. Security and Charge
9.1 Despite anything to the contrary contained herein or any other rights which the Contractor may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Contractor or the Contractor’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Contractor (or the Contractor’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the Contractor elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Contractor or the Contractor’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 9.1.
10. Insurance
10.1 The Contractor shall maintain public liability insurance of at least $5m. The Client must maintain insurances that a prudent person in the circumstances would maintain.
11. Dispute Resolution
11.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
12. Compliance with Laws
12.1 The Client shall comply with the provisions of all statutes, regulations and by-laws of government, local and other public authorities that may be applicable to the works.
12.2 The Client shall obtain (at its own expense) all licences and approvals that may be required for the works.
12.3 The Client must ensure that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
13. Privacy Act 1988.
13.1 The Client and/or the Guarantor/s agree for the Contractor to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Contractor.
13.2 The Client and/or the Guarantor/s agree that the Contractor may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Client;
(b) to notify other credit providers of a default by the Client;
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and
(d) to assess the credit worthiness of Client and/or Guarantor/s.
13.3 The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1h) Privacy Act 1988.
13.4 The Client agrees that personal credit information provided may be used and retained by the Contractor for the following purposes and for other purposes as shall be agreed between the Client and Contractor or required by law from time to time:
(a) provision of Goods and/or Services;
(b) marketing of Goods and/or Services by the Contractor, its agents or distributors in relation to the Goods and/or Services;
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods/Services;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods and/or Services.
13.5 The Contractor may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
14. Building and Construction Industry Security of Payments Act 1999
14.1 At the Contractor’s sole discretion, if there are any disputes or claims for unpaid Goods/Services and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 (NSW) may apply.
14.2 Minimum 4 hour charge + delivery applies on all equipment and labour required by the client from us. Any duration period over 6 hours entitles the operator to a 30min lunch break at the Clients expense.
15. General
6 Axis Build Pty LtdTerms & Conditions of Trade
15.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and the parties submit to the jurisdiction of the courts of that Queensland.
15.3 The Contractor may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
15.4 The Client agrees that the Contractor may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Client of such change.
15.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
15.6 The failure by the Contractor to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Contractor’s right to subsequently enforce that provision.
15.7 This agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
15.8 If a party to this agreement consists of more than one person then an obligation of those persons under this agreement is joint and several.
15.9 Any instructions received by the Contractor from the Client for the supply of Goods and/or Services or the Client’s acceptance of Goods and/or Services supplied by the Contractor shall constitute acceptance of the terms and conditions contained herein.
15.10 In this document, unless the context requires otherwise:
(a) the singular includes the plural and vice versa;
(b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(c) a reference to a party, clause, paragraph, schedule or annexure is a reference to a party, clause, paragraph, schedule or annexure of this document;
(d) a reference to any document or agreement includes a reference to that document or agreement as amended, novated, supplemented, varied or replaced from time to time;
(e) a reference to a time is a reference to Australian Eastern Standard Time;
(f) a reference to a party includes its executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns;
(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(h) words and expressions denoting natural persons include bodies corporate, partnerships, associations, firms, governments and governmental authorities and agencies and vice versa; and
(i) a reference to any legislation or to any provision of any legislation includes:
(i) any modification or re enactment of the legislation;
(ii) any legislative provision substituted for, and all legislation, statutory instruments and regulations issued under, the
legislation or provision; and
(iii) where relevant, corresponding legislation in any Australian State or Territory.
16. Hired Goods
If the provision of Goods from the Supplier to the Customer includes Hired Goods, then the following additional terms and conditions in this clause 16 apply:
16.1 The Supplier agrees to provide Hired Goods
to the Customer for the hire period between the commencement date and the completion date being the hire period, and the Supplier will observe so far as practicable these dates, but cannot guarantee strict compliance as to the date and time, and will not be under any liability which by law cannot be excluded if the Customer’s requirements are not met.
16.2 The Customer must sign a hire schedule and such other documents as the Supplier may require in relation to the Hired Goods. By taking delivery of Hired Goods, even if a hire schedule is not signed, the Customer agrees to these Terms.
16.3 Each hire schedule and such other documentation are not a separate contract but form part of these Terms between the Supplier and the Customer, together with any credit applications, guarantee or other contractual documents.
16.4 The Supplier may in its sole discretion determine that the off-hire date is when the Hired Goods
become off-hired and not at the end of any specified hire period. Otherwise, the Supplier may in its sole discretion, decide whether to accept return of the Hired Goods before the end of the hire period. Such an acceptance does not alter the hire period and the Customer will remain liable for all Prices payable to the Supplier despite early return of the Hired Goods.
16.5 The Customer must ensure the Hired Goods are used for the purpose for which they was designed by
6 Axis Build Pty Ltd - Terms and conditions of section 17
the manufacturer of the Hired Goods, and are used
by the Customer through an authorised person of
the Customer having the appropriate qualifications, training and licences to operate the Hired Goods and in accordance with all applicable laws and regulations in a skilful, safe and tradesman like manner not extending beyond the Hired Good’s capacity (having regard to manufacturer’s specifications) and not having to endure more than normal wear and tear.
16.6 The Customer must properly attach any operating or safety signs supplied with the Hired Goods and ensure that they are visible, legible and drawn to the attention of every person who uses or operates the Hired Goods before they do so.
16.7 The Customer agrees to perform all necessary searches and checks to the site on which the Hired Goods will be used, including any “dial before you dig” search, even if the Hired Goods are to be operated or used by the Labour Hire.
16.8 The Customer must notify the Supplier immediately if any of the Hired Goods break down, malfunction or are damaged.
16.9 The Customer must not undertake any repair to the Hired Goods without the Supplier’s prior consent.
16.10 The Customer must properly maintain and clean the Hired Goods during the hire period and return the Hired Goods to the Supplier in good, clean repair and condition before the end of the hire period.
16.11 The Customer agrees to pay any costs of repairing or replacing damaged or missing Hired Goods or for the cleaning of such Hired Goods.
16.12 The Customer agrees to pay the cost of fuels and consumables in relation to the Hired Goods provided by the Supplier and that are not returned to the Supplier by the Customer.
16.13 The Customer must ensure that a check of all levels, fuelling, greasing, oiling and proper servicing of all Hired Goods is carried out on a daily basis.
16.14 The Customer must not transfer, assign, encumber, loan, lease or sell the Hired Goods and must not (except for the purpose or returning the Hired Goods) remove the Hired Goods or allow the Hired Goods to be removed from the Customer’s address notified to the Supplier where the Hired Goods were to be used, without the written consent from the Supplier.
16.15 The Customer must not alter, make any additions to or deface or alter any identifying mark, plate or number on or in the Hired Goods or interfere with the Hired Goods in any manner.
16.16 The Customer must ensure that the Hired Goods
are not stolen. The Customer accepts full responsibility for the safe-‐keeping of the Hired Goods and agrees to indemnify the Supplier for all loss, theft or damage to the Hired Goods during the hire period.
16.17 The Customer agrees that the Supplier is entitled to assume that any one appearing to be an authorised person of the Customer is authorised to sign a hire schedule and enter into any dealings in relation to the Hired Goods and in accordance with these Terms.
16.18 The Customer agrees that it accepts delivery of the Hired Goods in an “as is” condition unless it indicates otherwise at the time of delivery.
16.19 The Customer agrees that it understands the safe and proper use of the Hired Goods and has received adequate training in their operation and use.
16.20 The Customer agrees that the Supplier may inspect, repair or remove (in the event of any default by the Customer) the Hired Goods at any time and access to the Hired Goods must be granted to the Supplier for that purpose.
17.
17.1 When a client makes an online request to hire goods/and or services, we retain complete discretion to determine if we will hire you the goods/and or services as we see fit and without explanation to you.
17.2 A client acknowledges that the goods/and or services may not be available on the days or at the time requested and we are under no obligation to provide the goods/and or services at the time
requested by you. We do not warrant that that goods/ and or services will be available on the days or at the time in which you wish to hire them.
17.3 You acknowledge that in the event we are unable to provide or supply the goods/and or services, the Supplier may in its discretion cancel the order despite the order being accepted by us and your account being charged or you having paid for the goods/and or services. In the event that we cancel the goods/and or services, the client will be provided with a refund. We will not be responsible for any loss or damage arising out of the cancellation.
17.4 In order for an online order to be considered to commence on the following day, an order must be placed by 2pm on the business day before the proposed commencement date.
17.5 We cannot guarantee that goods and or services will be provided on weekends and or public holidays or that Supplier will review or process a request submitted on a weekend and or public holiday.
17.6 Each client, including existing clients, new users with an account or guest users must provide accurate information when they create an account and agrees to keep this information accurate, current and complete.
17.7 We reserve the right to cancel or suspend an online account should the information that has been provided by the client be inaccurate or false.
17.8 It is the responsibility of the client to keep their account information safe, secure and confidential. The client will be liable for any unauthorised activity on
their account, including any rental transactions entered into and purchases made on its account. The client agrees that he/she/it will not provide passwords or log in information to a third party and is responsible for any activity, including unauthorised activity undertaken on its account.
17.9 The user is required to immediately notify the Supplier of any unauthorised activity on its account.
17.10 You acknowledge and agree that all pictures displayed on the website of items are intended to be
a guide only and you may be provided with a different brand or model at the discretion of the Supplier upon commencement of the rental period. We will not be liable for any claims arising out of our inability to supply the advertised brand or model.
18. Labour Hire
If the provision of Services from the Supplier to the Customer includes Labour Hire, then the following additional terms and conditions in this clause 18 apply:
18.1 The minimum Labour Hire period payable by the Customer is 4 hours.
18.2 The Customer will provide the Labour Hire with any specific tools, equipment and consumables so required to allow the performance of the work required of the Labour Hire unless the Customer requests the Supplier to inform the Labour Hire to provide their own specific tools, equipment and consumables. If so, additional charges will apply to the tools, equipment and consumables that the Supplier supplies via the Labour Hire to the Customer.
18.3 The Customer will provide no less than 8 hours notice of cancellation or notice of postponement to the Supplier. If such notification is made with less than 8 hours notice being given to the Supplier, a minimum of 4 hours’ cost will be payable by the Customer.
18.4 In the event of inclement weather or any other emergency when a full schedule of work (8 hours) is not accomplished by the Labour Hire, a minimum of 4 hours’ cost will be payable by the Customer.
18.5 The Customer recognises that the Supplier makes every effort to maintain high standards of integrity and reliability among the Labour Hire. However, the Supplier does not accept responsibility for any claim, damage, expense or delay arising from any failure by itself to provide the Customer with Labour Hire for all or part of a booking or from any lack of skill, negligence or misconduct in relation to the Labour Hire provided to the Customer.
18.6 The hourly rate for Labour Hire payable by the Customer must be agreed upon between the Supplier and the Customer, either verbally or in written format. Acceptance by the Customer of Services that include Labour Hire is deemed to also be acceptance of such reasonable Labour Hire hourly rate as determined by the Supplier in its sole discretion, where no explicit rejection, either verbally or written, of such hourly rates has been provided by the Customer. To be clear, the hourly rate of Labour Hire will not be less than
the hourly rate of pay that the Customer’s employees and/or contractors receive for performing the same or substantially similar work to that to be performed by the Labour Hire.
18.7 The Customer will charge the Supplier a penalty hourly rate, and the Supplier will pay that penalty hourly rate, where the Supplier is required to pay the Labour Hire assigned to the Customer a penalty hourly rate, in accordance with the following:
a)Monday to Friday, between 6am and 6pm first 8 hours at the agreed upon rate;
b)Monday to Friday, between 6am and 6pm after 8 hours at 1.5 times the agreed upon rate;
c)Monday to Friday, between 6pm and 6am first 8 hours at 1.5 times the agreed upon rate;
d)Monday to Friday, between 6pm and 6am after 8 hours at 2.0 times the agreed upon rate;
e)Saturday, first 2 hours at 1.5 times the agreed upon rate;
f)Saturday, after 2 hours at 2.0 times the agreed upon rate; and
g)Sunday and public holidays, at 2.0 times the agreed upon rate.
18.8 The Customer must comply with all laws applicable to each site at which Labour Hire is utilised, including in relation to the property, plant and equipment made available by the Customer and those employees of the Customer who work with the Labour Hire. Without limiting the generality of this requirement, the Customer is responsible for all inspections, permits and approvals required by law and for ensuring that all plant and equipment made available by the Customer (including motor vehicles and machinery) is registered where required and meets all applicable standards required by law.
18.9 During the period of the Services, the Customer must have adequate insurance to cover loss or damage to the Customer’s property or the property
of other persons including machinery, motor vehicles and other plant and equipment and death or personal injury (to the Customer’s personnel or any other person including the Labour Hire) caused or contributed to by the Labour Hire whilst it is being provided to the Customer. To be clear, this insurance must cover the Supplier and its Labour Hire.
18.10 The Customer will ensure that each Labour
Hire person maintains a timesheet recording the number of hours worked, and when those hours were worked. The timesheet must be countersigned by the Customer’s authorised representative at the end of each week.
18.11 Whilst the Supplier will use all reasonable endeavours to meet the Customer’s requirements and ensure the quality of the Labour Hire, the Supplier
is not liable for any loss or damage (including consequential loss or damage) arising from any negligence, dishonesty, carelessness or lack of skill of the Labour Hire.
18.12 To the extent that the Supplier’s liability cannot be limited as provided in these Terms, the Supplier’s liability is limited to the Supplier supplying the Services again or paying the actual market value cost of replacing the supply of the Services.
18.13 The Customer is responsible for the care and supervision of the Labour Hire whilst they are providing Services to the Customer.
18.14 The Customer is responsible for providing a safe and healthy workplace, and safe systems of work, for the Labour Hire.
18.15 The Customer is responsible for the operation and/or use of any Hired Goods by the Labour Hire.
18.16 The Customer acknowledges and agrees that it will comply with all applicable occupational, health, safety, environmental and associated legislation, regulations and codes of practice.
18.17 The Customer acknowledges and agrees that it will provide a comprehensive structured site and job safety induction for the Labour Hire.
18.18 The Customer acknowledges and agrees that it will provide adequate instruction and training to the Labour Hire.
18.19 The Customer acknowledges and agrees that it will advise the Supplier prior to any change in the nature of the tasks undertaken, equipment operated, and chemicals (or other consumables) used by the Labour Hire.
18.20 The Customer acknowledges and agrees that it will adequately supervise the Labour Hire at all reasonable times.
18.21 The Customer acknowledges and agrees that it will promptly advise the Supplier of any incidents and injuries involving the Labour Hire and assist in the rehabilitation of the Labour Hire injured at the Customers’ site by the provision of suitable alternative duties.
18.22 The Supplier may, from time to time, attend
the Customer’s site for the purpose of carrying out occupational health and safety inspections, safety/ toolbox meetings with the Labour Hire on site and the investigation of incidents and injuries.
18.23 The Customer is responsible for providing a workplace that complies with all other legal requirements relating to the work environment.
18.24 If any issue arises concerning the performance of any Labour Hire person or any potential or alleged misconduct of any Labour Hire person, the Customer must immediately advise a senior Supplier manager and the Customer must provide the Supplier with reasonable access to the Labour Hire person in question and reasonable co-operation to enable the Supplier to deal with the matter as the Supplier considers appropriate.