Terms & Conditions
BARCLAYS BUILDING SERVICES PTY LTD
TERMS AND CONDITIONS
- OUR MAIN OBLIGATIONS
Barclays Building Services Pty Ltd will carry out the works in accordance with:
(a) the plans and the specifications agreed; and
(b) the law.
The terms of payment are strictly 5 days from invoice.
You must pay Barclays Building Services Pty Ltd the contract price by way of the progress payments outlined in your engagement agreement. A minimum 6.5% deposit is required prior to any works being commenced, with the remaining balance due on completion of works for quoted services.
Additional works will be invoiced separately with the standard terms of payment unless otherwise stated in writing.
If you do not make a payment within 5 days of demand, you are in serious breach of this contract and the following applies:
(a) If Barclays Building Services Pty Ltd incur any costs of collection, such as legal fees and debt collection agency fees, you agree to indemnify for all such costs.
- ACCESS AND USE OF FACILITIES You must:
(a) give Barclays Building Services Pty Ltd uninterrupted access to the site to carry out the works; and
(b) provide Barclays Building Services Pty Ltd with adequate access to available water, electricity, toilet and washing facilities.
Before Barclays Building Services Pty Ltd is obliged to start the works, you must give written evidence:
(a) that you own or are otherwise entitled to have the works carried out on the site;
(b) of any easements, covenants and encumbrances affecting the works on the site;
(c) of your ability to pay the contract price; and
(d) of all necessary building and planning approvals having
The contract period commences on the date that Barclays Building Services Pty Ltd commences the works.
- OUR WARRANTY
Barclays Building Services Pty Ltd will carry out the works in a good and workmanlike manner. In addition to your rights under law, the contractor warrants that the works and the materials supplied are free of defects at the time the works are completed.
Subject to law, the contractor does not have to fix or remedy:
(a) any problem caused by misuse, abuse, wear and tear, normal shrinkage or movement;
(b) equipment made by others; or
(c) any defects in, or problem caused by work, materials or equipment supplied by you.
- OUR RIGHT TO FIX
If at any time you claim the works are defective, you must tell Barclays Building Services Pty Ltd by written notice, as soon as possible.
If Barclays Building Services Pty Ltd accepts responsibility, they have the right to fix a defect, but must do so within 28 days after you give notice.
- SURPLUS MATERIALS
Unless otherwise stated:
(a) only suitable new materials will be used in the works; and
(b) demolished materials and surplus materials are Barclays Building Services Pty Ltd property.
Barclays Building Services Pty Ltd is not responsible for any delay caused by something beyond their sole control including any failure by you to:
(a) make a selection; or
(b) give reasonable access to the site.
The contract period will be extended by the duration of the delay.
- VARIATIONS AT YOUR REQUEST
If a variation is requested, Barclays Building Services Pty Ltd will give you a written quote detailing the price and estimated time to do it.
If you agree to the quote, Barclays Building Services Pty Ltd will then carry out the variation.
- UNFORESEEN CIRCUMSTANCES
Barclays Building Services Pty Ltd is not responsible for any problem with the site that is only revealed when carrying out the works.
Barclays Building Services Pty Ltd will request a variation for any extra work required to fix the problem. If you do not agree to the contractor’s request then the contractor may end this contract.
- WORK BY YOU
You must have the site ready when required by the contractor.
- PRIME COST AND PROVISIONAL SUM ITEMS
You must select all prime cost items or items required for a provisional sum item when required by Barclays Building Services Pty Ltd.
Each prime cost item and provisional sum item must have an allowance stated next to it. For a prime cost item or provisional sum item, the allowance does not include Barclays Building Services Pty Ltd margin.
In relation to each prime cost item or provisional sum item, you must pay the actual cost and, if the actual cost is more than the allowance, Barclays Building Services Pty Ltd margin is applied to the difference and both are added to the contract price. Adjustments to the contract price must be made at the next progress payment.
- PRACTICAL COMPLETION
Barclays Building Services Pty Ltd must:
(a) reach practical completion by the end of the contract period, as extended; and give you a written notice of practical completion. The notice of practical completion is to state the date of practical completion and set out in the final progress claim.
On practical completion, you must:
(a) inspect the works with Barclays Building Services Pty Ltd; and
(b) give a written, signed list of any defective or unfinished work.
If you do not do so within 2 days, you must immediately pay the amount of the final progress claim.
Barclays Building Services Pty Ltd may subcontract any part of or the whole of the works.
You must not give instructions to or make inquiry of the subcontractors or workers.
All materials are at your risk once delivered to the site.
Barclays Building Services Pty Ltd has a public liability insurance of $20m. You will ensure that you are similarly insured.
- WHOLE AGREEMENT
Subject to law, these conditions and the plans and specifications comprise this contract which contains the whole agreement between you and Barclays Building Services Pty Ltd.
- PREVAILING DOCUMENTS
These conditions, the plans and the specifications have precedence in that order if there is any inconsistency between them.
- DEFAULT INTEREST
If you fail to make any payment under this contract on time, Barclays Building Services Pty Ltd will charge you default interest on the amount that is unpaid after then.
- DEBT COLLECTING COSTS
As outlined in 2a, you must pay any debt collecting costs (and commission) Barclays Building Services Pty Ltd pays to recover or in attempting to recover, an overdue payment from you as a debt due and owing.
- RETENTION OF TITLE
Property in the works does not pass to you until it has been paid for in full.
- COPYRIGHT & INTELLECTUAL PROPERTY
Barclays Building Services Pty Ltd owns all copyright (which term also includes moral rights) in the works, the plans, the specifications and the workshop drawings created by Barclays Building Services Pty Ltd. If you give Barclays Building Services Pty Ltd any sketch, plan or other document which infringes someone else’s copyright, you indemnify the Barclays Building Services Pty Ltd against all claims and costs.
- YOUR JOINT AND SEVERAL LIABILITY
If there is more than one of you then:
(a) all your obligations are joint and several;
(b) Barclays Building Services Pty Ltd only has to give notices to
one of you; and
(c) only one of you need accept a quote or sign a notice, and then all are bound.
If you are in breach of this contract, Barclays Building Services Pty Ltd may suspend the carrying out of the works.
The exercise of the right to suspend does not affect the right to terminate for the same breach.
Barclays Building Services Pty Ltd must recommence the carrying out of the works within a reasonable time after you have given written notice to Barclays Building Services Pty Ltd that you have remedied that breach.
If either party is in serious breach of this contract, the party not in breach may give the other party a written request to remedy that breach.
If the breach is not remedied within 2 days, the party not in breach may end this contract by giving written notice to that effect.
Should you become insolvent, then Barclays Building Services Pty Ltd may end this contract by giving written notice to that effect.
- EFFECT OF ENDING THIS CONTRACT
If this contract is ended for any reason you must pay to Barclays Building Services Pty Ltd the price of the work carried out to the day this contract is ended.
Where a price is not agreed for an additional charge or omission from the work, the amount of Goods and Services Tax attributable to the value for that supply is to be added to the price calculated under the terms of this contract.
In this contract (and where appearing in bold):
“contract period” means the period of time to carry out and complete the works stated in Item 7 as extended under Clause 8;
“contract price” means the contract price stated in Item 5;
“contractor” means the contractor named in Item 2;
“contractor’s margin” means the percentage stated in item 9;
“default interest” means the percentage annual rate stated in Item 10;
“practical completion” means when the works are finished except for minor defects or minor omissions;
“site” means the address where the works are to be done as detailed in Item 3;
“you” and “your” means the owner named in Item 1; and;
“works” means the works described in Item 4