ANSA Homes Pty Limited Supplier and Trade Standard Terms and Conditions For Works Conducted

OFFER

(a) While this agreement remains on foot, The Builder may offer the Subcontractor, as an approved subcontractor, a contract (“a contract for services’) under which the Subcontractor would supply services to “The Builder” (“the services’) for the performance of work (“the works”) at a “The Builders” home building site (“the site”).

(b) If the Builder is to offer the Subcontractor a contract for services, the Builder will provide the Subcontractor with a purchase order addressed to the Subcontractor, specifying the site at which the Subcontractor would supply the services, a brief description of the works, a lump sum price for purchase of the services (or for reaching milestones towards completion of the works), a completion date (if any), and any other terms and conditions of purchase.

This agreement does not form a contract to carry out work.

TERMS & CONDITIONS

I) This agreement commences on and from the date from which the Builder accepts or confirms the Subcontractor as an approved subcontractor and the Builder completes the Schedule to This agreement will commence with that date as signed and shall perpetually continue intact unit such time a new agreement is signed.

2) If the Subcontractor accepts an offer by the Builder of a contract for services but fails to complete, or otherwise breaches any of its terms, the Builder may, without prejudice to any of its other rights and remedies, immediately terminate this Agreement by notice in writing to the Subcontractor.

SUBCONTRACTOR ACCEPTANCE

3) The Subcontractor may accept The Builder’s offer of a contract for services by advising the Builder orally or in writing that the Subcontractor accepts the offer or by commencing to supply the services. Where the Subcontractor accepts The Builder’s offer of a contract for services, the Subcontractor must immediately comply with all applicable workplace health and safety requirements.

PRINCIPAL AND INDEPENDENT CONTRACTOR RELATIONSHIP

4) The Subcontractor acknowledges and warrants that the Subcontractor carries on the subcontractor’s own business and that the relationship between the Builder and the Subcontractor in respect of any contract for services will be that between a principal and an independent contractor respectively.

DELEGATION

5) If a subcontractor is a natural person, he may supply the services himself, or by himself and his partner or partners, employee or employees or else engage another contractor to supply the services or any part of them on the Subcontractor’s behalf.

6) If a subcontractor is a company, the company may supply the services by a director, directors, employee or employees or else engage another contractor to supply the services or any part of them on the Subcontractor’s behalf.

7) the Builder may require the Subcontractor to cause to leave the site any person performing work on the site on the Subcontractor’s behalf who misconducts himself or does anything detrimental to the proper execution of the works or fails to comply with any relevant workplace health and safety requirement.

INSURANCE

8) Before commencement of the works, and until completion of all contracts for services with the Builder under this Agreement:

(a) the Subcontractor will insure with a reputable insurer for full value the Subcontractor and the Builder against all insurable risks in respect of the works, including all materials, plant, equipment, supplies and plant breakdown, which the Subcontractor must supply or use in connection with the works, and all materials ordered, whether or not such items are complete or incomplete, while such items are on the site or in possession of the Subcontractor; and

(b) The Subcontractor will insure with a reputable insurer for a sum of not less than $5,000,000 the Subcontractor and the Builder against all public liability and product liability that may arise in connection with the works or this agreement. Including the death of or personal injury (including disease or illness) of or to any officer, employee of or subcontractor to the Builder, and loss of or damage to any property (including consequential loss) in each case regardless of howsoever or by whomsoever caused;

(c) The Subcontractor will insure with a reputable insurer:

(i) For workers compensation insurance;

a) Where the Subcontractor is required under any legislation to obtain same; or

b) Where the Subcontractor is a company; or

(ti) For income protection, sickness and accident insurance for an appropriate level of cover where the Subcontractor does not hold workers compensation insurance, and in the event that the Subcontractor does not effect and maintain the insurance required by this clause, the

Subcontractor:
(I) Indemnifies the Builder against any claim that is made against The Builder; and

(ii) Waives any claim that it might have against the Builder.

9) The Subcontractor will at all times comply and must ensure that any contractor engaged by the Subcontractor to supply the services or any part of them on the Subcontractor’s behalf complies, with all statutory insurance requirements, including for workers compensation and employers’ liability insurance.

10) The Subcontractor must, at the Builder’s request, and prior to the Builder being required to make payment pursuant to this Agreement or respect of any purchase order, provide to the Builder copies of policies of Insurance required by this Agreement, together with the receipts for payment of current premiums or other evidence of their currency.

11) If any event occurs which may give rise to a claim under any policy of insurance required by this Agreement, the Subcontractor must notify the Builder within 14 days, and will ensure that the Builder is kept fully informed about the claim,

SUPPLYING THE SERVICES

12) The Subcontractor will pay all salaries, wages, superannuation and all other forms of remuneration it may be liable to pay, whether to or for employees or contractors engaged by the Subcontractor in supplying the services or any part of them on the Subcontractor’s behalf, and will pay all taxes, levies and charges for which the Subcontractor may be liable.

13) The Subcontractor or any another contractor who supplies the services or any part of them on the Subcontractor’s behalf must provide the Subcontractor’s or other contractor’s own plant and equipment when doing so.

14) The Subcontractor or any other contractor who supplies the services or any part of them on the Subcontractor’s behalf must perform the works in accordance with, and within the hours of work permitted by or under, the relevant council approvals. Within those limits, the Subcontractor is at liberty to set the Subcontractor’s own hours of work.

15) The Subcontractor any or another contractor who supplies the services or any part of them on the Subcontractor’s behalf must otherwise comply with all applicable legislation, rules and regulations, including in relation to workplace health and safety and protection of the environment.

16) The Subcontractor acknowledges and agrees that any works or services that the Subcontractor provides will be in accordance with The Builder’s Work Health and Safety Management Plan

17) The Subcontractor warrants that it has read the Plan and agrees to comply with it. The Subcontractor must ensure that all of its workers, employees and subcontractors who work at any the Builder site, read the Plan and abide by the contents of the Plan when at any the Builder site.).

18) Unless the Builder otherwise agrees in writing, the Subcontractor or independent contractor who supplies the services or any part of them on the Subcontractor’s behalf must also provide all materials for use in completing the works or that part of them, as the case may require.

19) The Subcontractor or independent contractor who supplies the services or any part of them on the Subcontractor’s behalf will retain no right, title or interest in any part of the works once that part is carried out or in or to any materials used in the works once delivered to the site, and

title will pass to the Builder on the happening of those events, whichever is applicable.

20) The Subcontractor must ensure that the contract is completed in a good and workman like manner using materials and work practices fit for the purposes for which they are intended.

21) Unless the Builder has first requested a variation in writing addressed to the Subcontractor, the Subcontractor must not cause or permit the works to be varied, and the Builder shall not be liable to make a payment to the Subcontractor unless the Builder has expressly authorised a variation in writing and the amount of the variation,

COMPLETION

22) The Subcontractor must cause the contract for services to be completed to The Builder’s reasonable satisfaction as soon as reasonably practicable and no later than the completion date (if any) specified in The Builder’s purchase order.

PAYMENT

(I) Once the contract for services has been completed to The Builder’s reasonable satisfaction (namely, upon delivery of all the goods and/or completion of all the services), the Subcontractor most provide to the Builder a valid tax invoice containing the following: Business Details, Unique invoice number, Purchase order number, Site address, Detailed description of goods or services provided or completed, Copy of the relevant purchase order attached to invoice. The Builder will not accept Invoices that do not comply with the Terms and Conditions and Invoices must be received within 90 Days of Completion of Works

23) the Builder is not obliged to approve any tax invoice submitted in accordance with this clause and may withhold approval and/or money due to the Subcontractor if the goods or services {or any part of them) are defective or in question.

24) Payment to the Subcontractor the price for the works and services in accordance with the Builder’s purchase order terms and conditions.

25) By providing the Builder with an invoice, the Subcontractor acknowledges and warrants that:

(a) The contract has been completed in accordance with its terms;

(b) all wages payable to the Subcontractor’s employees engaged in performing all or any part of the works have been paid;

(c) All payroll tax payable by the Subcontractor in respect of the Subcontractor’s employees engaged in performing all, or any part of the works has been paid;

(d) All workers compensation insurance premiums payable by the Subcontractor in respect of the Subcontractor’s employees engaged in performing all or any part of the works have been paid;

(e) If the Subcontractor is a principal contractor in connection with the works, the Subcontractor has been given all written statements under 175B of the Workers Compensation Act 1987 (NSW) in the capacity of the principal contractor in connection with the works

DEFECTS

26) The Subcontractor must immediately cause to be remedied, at the Subcontractor’s cost, and to the Builder’s reasonable satisfaction, all defects and other faults in the works, whether due to defective materials or workmanship or otherwise, notified to the Subcontractor by the Builder. In the event that the Subcontractor fails to rectify alleged defective materials or workmanship within the time directed in writing by the Builder to The Builder’s satisfaction, the Builder shall not be obliged to make any further payments to the Subcontractor, and in the event that the Builder incurs cost or liability in rectifying the Subcontractor’s work and materials, the Builder shall be entitled to recover as a due debt any costs reasonably incurred by the Builder in carrying out or arranging such rectification, and additionally a 20% administration fee on such costs.

SUBCONTRACTOR LIABILITY

27) The Subcontractor will be liable for any loss or damage, expense, cost or consequential loss caused by or arising out of any error, omission, or inaccuracy in information submitted by the Subcontractor, including, but not limited to, any error, omission or inaccuracy in design, drawings, specification or survey for which the Subcontractor is or was responsible, and notwithstanding that any such information may have been reviewed or been approved by the Builder.

EXCLUSION OF “THE BUILDER” LIABILITY

28) The contract for services will be performed at the sole risk of the Subcontractor or any other contractor supplying the services or any part of them. The Builder will not be liable for any loss, damage, injury (which expression will include disease or illness) or death suffered by or occasioned to any person or to any property howsoever or by whomsoever caused in connection with supplying the services or any part of them.

INDEMNITIES

29) The Subcontractor will be liable for, and will indemnify the Builder against, any loss or damage of whatsoever nature caused or contributed to by the Subcontractor or the Subcontractor’s employees or another contractor in carrying out the works or any part of them or otherwise acting under or by virtue of this Agreement, including, without limitation, any injury, loss or damage to any person or property, including to any part of the works or other work carried out by others on the site.

ANNEXURES TO THIS AGREEMENT

30) In the event of any inconsistency between the documents forming a Contract for Services, and referenced material within the following. The following order of precedence shall apply:

(I) Purchase Order & Purchase Order Terms and Conditions,

(ii) Subcontract Agreement, Application and Questionnaire

(iii) Contractor Details and Management Forms

(iv) Confidentiality Agreement

(v) WHS, Drug & Alcohol, UV Protection, PPE and Smoking Policy

(vi) PCBU WHS Management Plan for Construction sites

(vii) Induction letter

The Above all form part of every purchase order issued and arrangement by the Builder and are deemed to be incorporated into and form part of each purchase order, whether or not they are sent with any purchase order

BCA 1 AS STANDARDS ! SPECIFICATION DECLARATION

31) It is a requirement of any contract you undertake with the Builder that your work complies with The Building Code of Australia, the relevant Australian Standards and the relevant Trade Specification.

32) You acknowledge that you have received a copy of the Builder’s Specification that relates to the works you will be undertaking. The Specification is intended to be read in conjunction with the Building Code of Australia and the relevant Australian Standards.

RECTIFICATION I MAINTENANCE WORK

33) It is a requirement of any contract you undertake with the Builder that you understand that you are required to attend to the repair or rectification of any defective work that you are responsible for at no charge and within a reasonable timeframe.

34) It is a further requirement of any contract you undertake with the Builder that you understand that you are required to, from time to time, assist by attending to the repair or rectification of works that you are not responsible for at a reasonable cost when requested.

35) The Builder may at its discretion engage another contractor to repair or rectify faulty or incomplete works at the expense of the original contractor if in the opinion of the Builder the original contractor is not suitable to carry out the rectification works. In determining whether or not a contractor is suitable the Builder will consider a number of issues including but not limited to;

(i) The quality of the contractor’s workmanship.

(ii) The ability of the contractor to attend to maintenance appointments on time.

(iii) The ability of the contractor to undertake the rectification work neatly and cleanly in a completed house which in most cases will be furnished and occupied.

LICENCE — NOTIFICATION REQUIREMENTS

36) Under the requirements of the Office of Fair Trading, you must hold a valid contractor’s licence appropriate to your business structure. It is a requirement that you notify the Builder immediately if your business structure changes and has an impact on the validity of your contractor’s licence.

DEFINITIONS

37) In this Subcontract Agreement, Application and Questionnaire /Contract ‘The Builder”, -the Builder” or “Builder” Defines the Company / Entity as listed on the First Line in the Heading on Page one of this Subcontract Agreement, Application and Questionnaire, such as, ANSA Homes Pry Ltd
(ABN: 84 152 606 178), and or any other related party of the Builder including representatives of the above entities.