These Master Terms and Conditions apply to all work, labour, equipment hire and goods supplied by WJC Contracting (ABN 11 442 193 654) of Dalby, Queensland. They form part of every quote we issue and every job we carry out, whether the work is ordered through an online acceptance, a purchase order, a signed quote, an email, a phone call or by asking us to start work.
1. Definitions
1.1"We", "us" and "our" mean WJC Contracting (ABN 11 442 193 654), including its employees and subcontractors.
1.2"You" and "your" mean the person, company or organisation that requests or accepts a quote, issues a purchase order, or asks us to carry out work.
1.3"Quote" means a written quote or estimate issued by us, including quotes generated through our website.
1.4"Work" means all services, labour, supervision, fabrication, welding, fitting, crane and rigging work, equipment hire, materials and goods supplied by us.
1.5"Contract" means the accepted Quote together with these Master Terms and any agreed written Variations.
1.6"Variation" means any change to the scope, quantity, timing, sequence or conditions of the Work.
2. How these terms apply
2.1These Master Terms apply to every Quote and every job we carry out for you. Once accepted, they continue to apply to all later Work we do for you unless we agree otherwise in writing.
2.2If there is any inconsistency, the documents rank in this order: (1) a written agreement signed by both parties that expressly varies these Master Terms; (2) the accepted Quote, including its specific terms, assumptions and notes; (3) these Master Terms.
2.3Any terms printed on or attached to your purchase order, work order, site induction pack or similar document do not form part of the Contract unless we expressly agree to them in writing. A purchase order is treated as confirmation of acceptance and for your reference only.
3. Quotes and acceptance
3.1Unless stated otherwise, a Quote is valid for 30 days from its date. We may withdraw or revise a Quote at any time before it is accepted.
3.2You can accept a Quote by: (a) clicking Accept on the online acceptance page for that Quote; (b) signing and returning the Quote; (c) issuing a purchase order that refers to the Quote; or (d) instructing us to start the Work.
3.3When you accept online, you agree that your electronic acceptance is binding in the same way as a handwritten signature, in line with the Electronic Transactions (Queensland) Act 2001. We record your name, position, company, email, the date and time, your IP address and the exact version of the Quote and these Master Terms you accepted.
3.4The person accepting confirms they are authorised to accept the Quote and enter into the Contract on behalf of the business or organisation named.
3.5Quotes are based on the information you give us and on the assumptions and exclusions listed in the Quote. If site conditions, access, scope or timing differ from that information, the change is treated as a Variation.
4. Rates and charging
4.1All prices and rates exclude GST unless stated otherwise. GST is added at the applicable rate.
4.2Labour is charged for all hours on site, including time spent on site inductions, permits, toolbox meetings, isolations and waiting caused by others. Call-outs are charged at a minimum of 4 hours per person.
4.3Day shift is from 6:00am to 6:00pm. Night shift, weekend and public holiday work is charged at the applicable rates in our schedule of rates.
4.4Travel time, kilometres, accommodation and living-away-from-home allowances are charged as set out in the Quote or our schedule of rates.
4.5Inductions required outside normal work hours are charged at the worker's labour rate.
4.6Consumables are charged at cost plus 10 to 30% unless noted otherwise. Third-party hire is charged at cost plus 10%, and specialist subcontractors at cost plus 12.5%.
4.7Where the Quote is based on an estimate of hours or quantities, you will be charged for the actual hours worked and materials used at the quoted rates.
4.8Our labour rates are reviewed each year in line with the consumer price index. Accepted Quotes are honoured at the quoted rates for the quoted scope during their validity period.
5. Variations
5.1Either party may request a Variation. We will carry out a Variation once it has been agreed, which can be confirmed by email, text message or a signed site instruction.
5.2Unless a fixed price is agreed for the Variation, it will be charged at our schedule of rates, plus materials and third-party costs at the markups above.
5.3If you or your representative on site directs us to perform extra work, that direction is treated as an agreed Variation.
5.4We are entitled to a reasonable extension of time for any Variation or for delays caused by you, your other contractors, site access, weather or events outside our control.
6. Your responsibilities
6.1You must: (a) give us safe and timely access to the site, plant and work areas; (b) provide accurate drawings, specifications, site information and hazard information; (c) arrange permits, isolations, lock-out and approvals that are your responsibility as site owner or principal contractor; (d) tell us about any asbestos, hazardous materials, confined spaces, underground services or other known hazards before we start; and (e) make sure your instructions, designs and materials are fit for purpose.
6.2Unless the Quote says we are responsible for design or engineering, we carry out the Work to your drawings, specifications and directions, and you remain responsible for their accuracy and suitability.
6.3Where you supply materials, parts or equipment, you are responsible for their quality, suitability and timely delivery. Delays or rework caused by client-supplied items are charged as a Variation.
7. Labour hire and supervision
7.1Where the Quote is for the supply of workers to work under your direction or supervision, you are responsible for directing and supervising those workers, for the safety of the work environment, and for any outcome of work performed under your direction.
7.2You must provide workers supplied by us with a site induction, appropriate supervision and any site-specific training and PPE that is not standard trade PPE.
7.3Timesheets signed or approved by your representative, or not disputed within 5 business days of being provided, are accepted as a true record of hours worked.
7.4If you engage, directly or through another business, a worker we introduced to you within 6 months after they last worked for you through us, you agree to pay us a placement fee equal to 8 weeks of that worker's ordinary day-shift charge-out rate at 40 hours per week, unless we agree otherwise in writing.
8. Work health and safety
8.1Both parties will comply with the Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld), and will consult, cooperate and coordinate on safety matters where duties are shared.
8.2We may stop work, without liability, if we reasonably believe the site or a task is unsafe. Standby time caused by an unsafe site that is your responsibility is charged at our labour rates.
8.3Our workers will follow your reasonable site rules, procedures and drug and alcohol policies, provided they have been given to us in advance.
9. Invoicing and payment
9.1We may invoice weekly, at the completion of each stage, or at completion of the Work. Payment is due within 30 days of the invoice date unless the Quote states otherwise.
9.2Overdue amounts bear interest at the rate stated in the Quote terms (currently 1.5%), calculated on the overdue amount from the due date until payment is received.
9.3You must pay all reasonable costs we incur in recovering overdue amounts, including debt collection and legal costs.
9.4If payment is overdue, we may suspend the Work and any further Work after giving you written notice. Any costs of suspension and remobilisation are charged to you.
9.5Where the Building Industry Fairness (Security of Payment) Act 2017 (Qld) applies to the Work, our invoices may be issued as payment claims under that Act, and nothing in the Contract limits our rights under it.
9.6Disputed amounts must be raised in writing within 7 days of the invoice date. You must pay any undisputed portion of an invoice by the due date.
10. Ownership and security
10.1Ownership of goods, fabricated items and materials we supply remains with us until we have been paid in full for them. Risk in those items passes to you on delivery or when they are installed on your site, whichever comes first.
10.2You grant us a security interest in those goods and their proceeds under the Personal Property Securities Act 2009 (Cth) (PPSA), and you agree to sign any documents and give any information we reasonably need to register that interest on the PPS Register.
10.3To the extent the law allows, you waive your right to receive a verification statement and agree that sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA do not apply to the Contract.
11. Equipment and hire
11.1Equipment we supply remains our property. While hired equipment is under your control or left on your site, you are responsible for its security and for loss or damage beyond fair wear and tear.
11.2Fuel such as diesel is not included in hire rates unless stated, and is charged at cost.
12. Defects and warranty
12.1We carry out the Work with due care and skill and in a proper and workmanlike manner.
12.2If you notify us in writing of a defect in our workmanship within 90 days of completion, we will, at our option, repair or redo the defective work at no cost to you, or refund the price of that part of the Work. This does not cover defects caused by your design, client-supplied materials, misuse, modification by others, fair wear and tear, or operating conditions outside the specification.
12.3Manufacturer warranties on goods and materials are passed on to you to the extent we are able to.
12.4Nothing in these Master Terms excludes, restricts or modifies any consumer guarantee or right you have under the Australian Consumer Law that cannot lawfully be excluded. Where the law allows us to limit our liability for a breach of a consumer guarantee, our liability is limited to re-supplying the services or paying the cost of having them supplied again.
13. Liability
13.1To the extent permitted by law, we are not liable for any indirect or consequential loss, including loss of production, loss of revenue or profit, loss of use of plant, downtime, delay costs or liquidated damages, however caused.
13.2To the extent permitted by law, our total liability arising out of or in connection with the Contract, whether in contract, tort (including negligence) or otherwise, is limited to the price paid for the part of the Work that gave rise to the claim.
13.3Each party's liability is reduced to the extent the other party, or its personnel or other contractors, caused or contributed to the loss.
14. Insurance
14.1We hold public liability insurance and workers' compensation cover as required by Queensland law, and will give you certificates of currency on request.
14.2You are responsible for insuring your own site, plant, equipment, materials and works under construction.
15. Cancellation, postponement and delays
15.1If you cancel or postpone Work with less than 24 hours' notice, or after our crew has mobilised, you must pay the minimum call-out charge for each worker booked, plus any travel, accommodation, materials and third-party costs already incurred.
15.2If you cancel an accepted Quote, you must pay for all Work performed and costs incurred up to the cancellation, including non-returnable materials ordered for the Work.
15.3We are not liable for delay or failure to perform caused by events outside our reasonable control, including weather, flood, fire, industrial action, site shutdowns, supply delays, road closures or acts of government. Standby time caused by such events on your site is charged at our labour rates unless the Quote says otherwise.
16. Termination
16.1Either party may terminate the Contract by written notice if the other party commits a material breach and does not remedy it within 7 days of receiving written notice describing the breach.
16.2We may also terminate the Contract by written notice if you become insolvent, enter administration or liquidation, or fail to pay an overdue invoice after we have given notice.
16.3On termination, you must pay for all Work carried out and costs incurred up to the termination date.
17. Disputes
17.1If a dispute arises, either party may give the other written notice of the dispute. Senior representatives of both parties will meet, in person or online, within 10 business days to try to resolve it in good faith.
17.2If the dispute is not resolved within 20 business days of the notice, either party may commence proceedings. Nothing in this clause stops either party seeking urgent relief or exercising rights under the Building Industry Fairness (Security of Payment) Act 2017 (Qld).
18. Privacy and confidentiality
18.1We collect and use your contact details, project information and acceptance records to quote, carry out, invoice and manage the Work, and to keep records as required by law. We do not sell your information.
18.2Each party will keep the other's confidential pricing, drawings and site information confidential, except where disclosure is required by law or needed to carry out the Work.
19. General
19.1The Contract is governed by the laws of Queensland, and both parties submit to the courts of Queensland.
19.2We may update these Master Terms from time to time. Updated terms apply to Quotes issued after the update. A Quote you have already accepted stays on the version you accepted.
19.3If any part of these Master Terms is invalid or unenforceable, it is severed and the rest continues to apply.
19.4A failure or delay in exercising a right is not a waiver of that right.
19.5Notices may be given by email to the address last provided by the other party.
19.6We may use qualified subcontractors to carry out parts of the Work, and we remain responsible for their work under the Contract.