Contract Conditions
1. Standard of Work and Materials
The contractor will carry out the work in a good and workmanlike manner, supply all materials of the kind described in the contract documents. All materials and components must be of good quality, suitable for the purpose intended and unless otherwise specified, new.
2. Site Preparation
The owner accepts responsibility for the correct site preparation prior to construction commencing. Site to be solid base – no loose fill – level to + or – 25mm covered with 50mm sand or crusher dust.
IMPORTANT The structural integrity of the finished tank may be compromised if site preparation conditions are incorrect.
3. Payment by Owner
The owner must pay the Contract Price as per the Payment Schedule. The contract price includes GST. The work will be complete when it is finished in accordance with the contract, free of apparent defects and all rubbish and surplus material removed from the site. The owner must then pay the amount due on satisfactory completion of the work within 5 working days of notice from the contractor.
4. Penalties
If construction crew arrive at site and assess preparation is not to specification and can be corrected by construction crew a levee of $90 per hour will apply. If the site cannot be corrected by the construction crew and necessitates rescheduling construction to another date, a fee of $500 will apply.
5. Time for Completion
The contractor must complete the work within the Completion Period which runs from the date of this contract. The contractor will be entitled to a reasonable extension of time in the event of delays to the work where the cause of the delay is beyond the contractor’s control.
6. Variations to Work
The work including materials may be varied by written agreement between the owner and the contractor, a notice describing the variation, the cost of the additional or omitted work and any change to the Completion Period must be provided to the owner and the notice must then be signed and dated by both parties to constitute acceptance. The price of extra work, which includes GST, will be added to the Contract Price. The cost of omitted work will be deducted from the Contract Price.
7. Insurance of Work and Personal Injury
The contractor must have current insurance cover for (a) public liability insurance to cover liabilities to third parties for death or personal injury or damage to property for an amount not less than $5 million,
(b) employer’s liability and workers’ compensation insurance to cover any employees. If requested the contractor must provide the owner with proof that all such insurances have been taken out and are current.
8. Contractor’s Indemnity in Favour of Owner
The contractor will indemnify the owner against any loss or liability for death, personal injury or property damage arising out of the work, except to the extent that the owner or owner’s representative contributed to the loss or liability
9. Damage to Work or Property
The contractor must make good any loss or damage to the work or property of the owner caused by the contractor or the contractor’s employees, agents or subcontractors. The owner must remove any obstructions from the vicinity of the work to minimise the risk of damage to property.
10. Cleaning Up
On completion the contractor must remove from the site all plant and equipment and all rubbish and surplus material relating to the work. Any surplus material will be the property of the contractor unless otherwise specified in the description of work.
11. Disputes
If the owner or contractor considers a dispute has arisen in relation to any matter covered by this contract, that party must give the other party written notice of the items of dispute. If the dispute cannot be resolved with the help of a mutually agreed third party either party may refer the matter to the Office of Fair Trading.
12. Ending Contract
If the contractor becomes bankrupt or goes into liquidation; fails to complete the work within the agreed time, or if no time is given, within a reasonable time; fails to remedy defective work or replace faulty or unsuitable materials then the owner may, where such default can be remedied, issue a written notice requiring the contractor to remedy the default within 10 working days, if the default is not rememedied, or not capable of being remedied, the owner may terminate the contract by written notice.
13. Guarantee
Concrete tanks constructed to engineered design specifications have an expected life of 80 years. Your tank is guaranteed to be free from manufacturing faults and defects. In the unlikely event of a defect developing within a period of 30 years from date of construction Bega Concrete Tanks will effect a permanent repair in a prompt and efficient manner. Prior to any remedial work the tank needs to be emptied.
Caution: Tanks need to be half filled with water on completion to avoid flotation or appropriate drainage to reduce hydrostatic pressure. Discuss with Bega Tanks if unsure
Guarantee will be void if fault or failure is due to incorrect site preparation or flotation of tank occurs due to failure of owner to half fill tank or take other recommended precautions after construction of tank is completed.
Bega Tanks Pty Ltd will not be liable for any problems arising from Hydrostatic pressure