“Contract Price” means the fee identified in the Reference Schedule or as otherwise charged by Us with respect to Works from time to time.
“Materials” means any or all materials or equipment intended or designed for use in, or for the purposes of, or for connection to the Works.
“Quote” means the quote (if any) rendered to You with respect to the Works prior to the date of the issue of an invoice from Us.
“Reference Schedule” means the reference schedule annexed to these terms and conditions.
“Urgent / Emergency Works” means any work necessary to protect against a hazard to health or safety of any person or to the public or damage to property.
“Us, We, Our” means Local Ontime Pty Ltd “Variation” means to vary the Works and includes omitting any part of the Works or changing the scope of the Works.
“Works” means the works, Materials and/or services being provided by Us to You in accordance with these terms and conditions including any additional services stated in the Reference Schedule.
“You and Your” means the “customer” named in the Reference Schedule and any person acting on behalf of that customer for whom the Works are undertaken.
2. Terms and Conditions
Thank you for choosing Us to perform the Works or supply the Materials.
The terms and conditions that are set out in this document are the conditions under which We will perform the Works for You. This document therefore constitutes a legally binding contract between Us and You.
We must provide You with a signed copy of these terms and conditions within five (5) business days from the terms and conditions being executed.
The quote, if any, provided to You represents an estimate of a price for the Works or the Materials. Depending on the extent of the Works undertaken and the time spent in that regard. Our estimate under the Quote may be subject to change. We will inform you as soon as possible if there is a Variation to the pricing for the Works.
4. Cooling off period
You may rescind these terms and conditions:
If the Contract Value exceeds $20,000; and
Within five (5) business days of signing this document; and
If Works are deemed to be Urgent / Emergency Works.
5. Payment terms
If requested by Us, You agree to pay 10% deposit of the Contract Price on acceptance of Our Quotation and prior to Us commencing the Works.
In any event You agree that the Contract Price must be paid by You in full COD of the date We issue the final invoice to You.
Where Works are to be completed in stages, Price must be paid by You after completion of each stage in full COD of the date We issue the final invoice.
If You fail to pay the Contract Price by the due date:
We may suspend the Works and You cannot make any claim against Us in the event We exercise our rights under this clause.
Unless otherwise expressly stated, the amounts payable by You under these terms and conditions are exclusive of GST and any other taxes and levies. You must pay GST in addition to the amount of the Contract Price.
Where the “customer” named in the Reference Schedule is a company the Terms of Payment are in accordance with the Building and Construction Industry Security of Payment Act 1999 (NSW).
We will accept payment of the Contract Price by cash or credit card only.
6. Variations of Contract
This contract may be varied at the request of You or Us.
A variation is to cover matters that could not reasonably be expected to be foreseen at the date of contract or due to a requirement of a council or other authority relating to the work or due to Australian Safety Standard.
Where you direct us to carry out a Variation you agree that this will incur additional costs payable by You in addition to the Contract Price.
We reserve the right to refuse to carry out Variations.
6A. Variation to Contract Price
The Contract Price may be adjusted as a consequence of:
Variations to work or materials agreed with clause 6; and/or
Any variation to the cost of the building cover contract entered into by Us in respect of the work to be done.
Any deletions from the Contract will be deducted from the Contract Price. The price of any variation specified in the notice and signed and dated by You will be added to the Contract Price.
Any adjustment to the Contract Price will be taken into account at the time of the next progress payment or paid as agreed by the parties.
6B. Procedure for Variations
We will provide you with a notice (Notice) in writing containing a description of the work and the price. If not specified, the price includes our margin for overheads, supervision and profit.
The Notice must be signed and dated by You.
This procedure does not apply to Urgent / Emergency Works.
Unless obtained by one (1) of the parties prior to the Contract, You will be responsible for any application and cost necessary for the approval of the Work.
This includes approvals from any public authority to occupy and use the completed work.
The cost of seeking any approval is not included in the Contract Price.
Where you are required to obtain approvals prior to starting work under this Contract, and if the approvals have not been obtained within sixty (60) business days of the date of this Contract, either party may terminate the Contract by written notice at the expiry of the sixty (60) business day period.
8. Your obligations and indemnity
You must complete the checklist under Schedule 1 for Works with a Contract Price above $20,000.
The Quotation is based on Our having clear and unrestricted access and use of the nominated premises at which you require the Works to be performed. You warrant that You have all necessary consents and authorisations in relation to allowing Us access to that premises.
You must indemnify Us against any claim (of whatever nature) brought against Us, or any losses or damages We suffer as a result of the breach of these terms and conditions by You or arising as a result of the proper performance of the Services by Us.
We warrant that:
The Works will be carried out in accordance with the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979 (NSW) and all relevant laws, codes, standards, specifications, any development consent or complying development certificate and legal requirements and in an appropriate and skilful way; and
At all times We will hold all licences required to carry out and complete the Works.
We may limit our liability for a failure to comply with paragraph (1) if the failure relates to:
A design or specification prepared by or on behalf of You; or
A design or specification required by You, if we have advised the You in writing that they go against this part.
We do not warranty quality or performance of Materials supplied or installed by Us that are subject to manufacturer’s warranty. It is Your responsibility to establish the warranty relationship with the manufacturer by ensuring that warranty cards or other registration requirements of the manufacturer of Materials supplied or installed by Us are complied with.
For Work with a Contract Price above $20,000, we will:
Comply with the statutory warranties in section 18B of the Home Building Act 1989 (NSW) and complete the Work in accordance with the requirements of this Contract; and
Comply with all relevant Australian Standards, laws and the requirements of the relevant local council and all statutory authorities with respect to the Work.
10. Defects Liability Period
We warrant Our workmanship for a period of twenty-five (25) years (life time) from the date of completion (Defects Liability Period) provided such defects are not caused by another party or manufacturer’s warranty.
You must provide Us with written notification of any defects prior to the expiration of the Defects Liability Period.
11. Our Liability
All terms, conditions or warranties that may be implied into these terms and conditions, statutory or otherwise, relating to the supply of the Works are excluded to the fullest extent permitted by law.
To the extent permitted b law and notwithstanding any other term of this document, Our liability under this document is limited, at Our discretion, to:
Resupply or remediate the Works; or
Refund to You of any indirect, consequential or punitive damages (including loss of profit or disruption to business) arising in the course of performing the Works.
12. Risk and Ownership
You agree with Us that until We have received payment in full of the Contract Price and any other monies due to Us under these terms and conditions.
You have no right or claim to any interest in the Materials and are not entitled to claim any lien over the Materials;
We may recover possession of Materials at any site owned, possessed or controlled by You and You agree that We have an irrevocable licence to do so and to dispose of the Materials to recover our Contract Price and costs associated with heir recovery.
You must not:
Supply any of the Materials to any person;
Allow any person to have or acquire any security interest in the Materials; or
Remove, deface or obliterate any identifying plate, mark or number on any of the Materials.
13. Excepted Risks
We will not be liable for damage to any Materials (whether supplied by Us or others) unless such damage was caused by Us.
We will not be liable for any delay or failure to perform Our obligations under these terms and conditions if such failure or delay results directly or indirectly from any cause, matter or thing beyond Our reasonable control, including but not limited to the following:
Any act, default or omission on Your part including the negligent, accidental or deliberate misuse of Materials, equipment or their parts;
Events such as damage by fire, explosion earthquake, lightning, storm, flood, labour disputes or industrial conditions; electric power supply failure; inclement weather; unavailability of suitable Materials or their parts;
Where the physical conditions on the site and its near surrounds, which are materially different from the physical conditions which should reasonably have been anticipated by Us on Your instructions or obtainable by a visual inspection;
Variations directed by You;
Changes in the law; and
Directions or delays by public or statutory authorities.
14. Underground services
You may indemnify Us and keep us indemnified against any liability, claim or proceedings arising from any disturbed or damaged underground services which are unseen at the date of contract.
We will not be liable for any repair work to any underground services. Any repair work will be paid at Your expense, including damage to property, real or personal, death or personal injury or economic loss of any kind.
We will not be liable for damage to any Materials (whether supplied by Us or others) unless such damage was caused by Us.
Unless included in the description of the Works in the Reference Schedule or Variation rock excavation, dewatering or supportive work such as pier and beams for filled or made up ground; excavation of soil which is other than clean soil will be charged as a Variation to the Contract Price.
Existing soil will be returned to the excavated areas and ground will be left filled. Landscaping or concrete works are not included unless specified in writing.
16. Drains and sewer
You acknowledge and agree that:
The presence of plant or tree root growth and or blockages generally indicates damaged pipes;
Blocked drains, sewer pipes and stormwater lines cannot be permanently repaired by removing the plant or tree root growth; and
We do not warrant that there will not be future blockages regardless of the timeframe in which that occurs unless the pipe, drain and line itself is replaced by Us.
17. Working hours
We will provide the Services during 7:00am – 4:00pm Monday to Friday unless otherwise stated.
You agree that if You require Us to perform Works outside of the nominated hours then the Contract Price will be increased to reflect award penalty rates for that part of the Works performed outside of those hours.
We will effect and will maintain Public Liability Insurance to a value of not less than $20,000,000 and WorkCover insurance in accordance with the requirements of applicable legislation for all or any of Our employees.
We will provide You with evidence of the existence of these policies at Your request.
Prior to the start of Works for the Contract Price above $20,000, We will provide evidence of Home Building Compensation Insurance.
19. Guarantee and indemnity
This clause 19 applies where the “Customer” named in the Reference Schedule is a company and the details of the “Guarantor” have been inserted in the Reference Schedule.
The Guarantor irrevocably and unconditionally guarantees to Us the due and punctual:
Payment of all monies by the Customer to Us; and
Performance of all the obligations undertakings and provisions contained in or implied by these terms and conditions on the Customer.
The Guarantor irrevocably and unconditionally indemnifies Us against all costs, expenses, damages and losses suffered or incurred by Us as a result of:
any failure by the Customer to pay in a due and punctual manner any monies in accordance with these terms and conditions; or
any breach of any of the covenants and conditions contained in or implied by these terms and conditions on the Customer and the Guarantor.
20. Intellectual Property
If We prepare documents under the direction of you or from sketches supplied by You which may infringe the copyright of another person, You will indemnify Us against any legal action in respect of a breach of copyright by Us.
If We prepare the documents, We retain copyright in those documents but You will, provided the We have been paid for those documents, be entitled to complete the Work in accordance with those documents.
In consideration of Us providing the Services to You and until such time as full payment of all monies relating to the Services has been received, You:
Grant to Us a general security interest ( as that term is defined by the Personal Property Securities Act 2009 (Cth) (PPSA))in all of Your present and after acquired personal property in favour of Us (Security Interest).
Acknowledge that We reserves the right to register a financing statement in respect of the Security Interest;
Must promptly, on request by Us, execute all documents and do anything else reasonably required by Us, execute all documents and do anything else reasonably required by Us to ensure that the Security Interest constitutes a perfected Security Interest under the PPSA.
You agree to contract out of, waive or exclude such sections of the PPSA as We may require, to the extent and subject to those sections being able to be excluded under the law. You expressly agree to:
Contract out of the enforcement provisions referred to at sections 115(1)(a) to ( r ) (inclusive) of the PPSA; and
Waive your right to receive a copy of any:
Financing statement or any financing change statement:
Verification statement under section 157 of the PPSA; and/or
Notice in relation to a registration event under section 175 of the PPSA,
In respect of the Security Interest.
If You have breached a term pf this Contract, We may at any time register a caveat against the title of Property, in respect of our rights under this Contract.
23. Termination by Us
We may terminate this agreement or suspend the Works if you:
Fail to pay any money owed to Us in accordance with this payment schedule;
Are unable to fulfill a requirement of Council or other Statutory authority;
Deny access to the site;
Prior to the completion of Works, enters into occupation or otherwise obstructs Us from performing Works;
Breach any other term of this agreement and fail to rectify that breach within seven (7) days of Us providing You with a notice; or
Become subject to bankruptcy, external administration, liquidation, receivership or any other insolvency event.
24. Effect of Termination
If these terms and conditions are terminated, You are not entitled to a refund of any monies paid by You prior to the date of termination.
Upon termination of this agreement, You must immediately pay any outstanding fees to Us.
25. Dispute Resolution
Any dispute between Us arising under or in connection with these terms and conditions will:
In the first instance be referred by one party to the other and the party must use all reasonable endeavours to resolve the difference or dispute without resort to future process; and
If the difference or dispute can’t be resolved in such a manner within fourteen (14) days of the difference or dispute arising, then the party alleging a difference or dispute will refer it to the NSW Civil and Administrative Tribunal.
These terms and conditions may only be amended or supplemented in writing signed by the parties.
This document is the entire agreement of the parties on the subject matter. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this document.
We may assign our rights and obligations under these terms and conditions by notice in writing to you. We may subcontract any part of the Works to our nominated subcontractors without notice to you.
You must not assign any of your rights and obligations under these terms and conditions without our prior written approval.
The law in force in the State of New South Wales governs these terms and conditions. The parties submit to the exclusive jurisdiction of the course of New South Wales.
If any term of provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision will be severed and the remainder of the provisions of these terms and conditions will continue and have full force and effect.
If there are any “Special Conditions” stated in the Reference Schedule, then the terms of those Special Conditions prevail to the extent of any inconsistency with the terms contained in the body of these terms and conditions.
Any advertising materials relied upon offering discounts must be produced at point of sale.
Percentage discount offerings for “first service” must be handed over to Us at the point of sale for eligibility.
Only one discount can be redeemed on each scheduled works, Seniors discount included.