Common use of SUB-CONTRACTOR WARRANTIES Clause in Contracts

SUB-CONTRACTOR WARRANTIES. a) The Sub-Contractor must carry out and complete the Works: i. With due skill, care and diligence, and in accordance with Best Industry Practice; ii. In accordance with the Sub-contract and the Contractor’s directions; iii. In accordance with all Legislative Requirements; iv. Using materials that are new, fit for purpose and free of defects; v. By the date for Completion b) The Sub-Contractor in agreeing to carry out and complete the works warrants that: a. it is suitably qualified, skilled and experienced in the type of work that is subject of the Sub-Contract; b. persons employed by the Sub-Contractor are capable of performing the type of work that is the subject of the Sub-Contract; c. it has informed itself as to the means of access to and egress from the Site, transport facilities, accommodation, services and storage facilities and any constraints therein available on Site; d. it has allowed in the Sub-Contract Sum for incidental items not expressly stated in the Sub-Contract, but which are clearly necessary for the completion and performance of the work under the Sub- Contract to be supplied and carried out including all Legislative Requirements; e. it has the necessary resources to complete the Sub-Contract by the date for Completion; and f. it is Financially Sound at the time of entering into this Sub-Contract and continues to be Financially Sound in the performance of the work under the Sub-Contract and will comply with any direction of the Contractor for the Sub-Contractor to provide proof that it is Financially Sound, including to provide to the Contractor (when directed by the Contractor) all financial records of its financial position to be provided a financial expert to allow that financial expert to form an opinion of the Sub-Contractor’s financial position to perform its obligations under this Sub-Contract; and g. any other warranties set out in a Deed of Warranty if requested by the Contractor. c) The Sub-Contractor has entered into the Sub-Contract relying on its own examination and investigations of the Site and accepts the Site and any structures on the Site in their present condition. The Contractor makes no representation and gives no warranty with respect to: i. Site conditions (including sub-surface conditions); ii. any structure on the Site; iii. works completed by previous subcontractors; and iv. as to the accuracy, adequacy, suitability or completeness of any Site information document supplied. The Sub-Contractor assumes the risk and acknowledges it will have No Claim against the Contractor arising out of or in connection with the physical conditions and characteristics of the Site and its surrounds. d) The Sub-Contract Sum is sufficient to cover the discharge of all the Sub- Contractor’s obligations under this Sub-Contract; e) If the Sub-Contractor has any design responsibility under the Sub-Contract, it will ensure that: i. Appropriately skilled, experience and qualified persons supervise and co-ordinate design and production of design documents; and ii. The works under the Sub-Contract are fit for their stated purpose and complies with all requirements of the Sub-Contract. f) The Sub-Contractor must: i. Attend all Site meetings as requested by the Contractor; ii. Co-operate and coordinate with all other workers and contractors on the Site; and iii. Satisfy itself that the Site is suitable g) The Sub-Contractor is responsible for: i. Any damage caused by the Sub-Contractor and its agents and employees ii. Keeping the Sub-Contractor’s area clear and safe at all times; iii. Carrying out of the Works safely; and iv. Developing, documenting and submitting for approval, a quality management plan to assure the quality of the Sub-Contract Works (conforming to the requirements of ISO:9001 or an equivalent standard); v. At all times during the undertaking of the work under the Sub-Contract, the Sub-Contractor must comply with the requirements of the WHS Legislation and prepare and submit to the Contractor a safe work method statement prior to commencing any work under the Sub- Contract; vi. As far as is practicable, the Sub-Contractor must ensure that it does not by its acts or omissions cause or contribute to any breach by the Contractor of its statutory obligations. The Sub-Contractor must indemnify the Contractor in respect of any liability, costs, losses or expenses whatsoever arising in connection with any breach of WHS Legislation by the Contractor to which the Sub-Contractor has contributed by a breach of this clause; and h) The Sub-Contractor must obtain and provide all guarantees and warranties reasonably available in relation to the supply and installation of materials, goods and other equipment, which extend beyond the Defects Liability Period. These are to be made in the favour of the Principal. i) The Sub-Contractor must not enter into any secondary subcontracts or assign any right or benefit of the Sub-Contract without the prior written approval of the Contractor (which may be withheld in the Contractor’s absolute discretion). j) Any work undertaken on the Project prior to the execution of the Sub- Contract is governed by the terms of this Sub-Contract and forms part of the Sub-Contract Price.

Appears in 2 contracts

Samples: Minor Works Sub Contract Agreement, Minor Works Sub Contract Agreement

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SUB-CONTRACTOR WARRANTIES. a) a. The Sub-Contractor must carry out and complete the Works: i. With due skill, care and diligence, and in accordance with Best Industry Practice; ii. In accordance with the Sub-contract and the Contractor’s directions; iii. In accordance with all Legislative Requirements; iv. Using materials that are new, fit for purpose and free of defects; v. By the date for Completion b) The Sub-Contractor in agreeing to carry out and complete the works warrants that: a. i. it is suitably qualified, skilled qualified and experienced in the type of work that is the subject of the Sub-Contract; b. persons ii. Persons employed by the Sub-Contractor are capable of performing the type of work that is the subject of the Sub- Contract; Total representative/ initial Sub-ContractContractor representative/ initial iii. it will ensure that if any Legislative Requirement requires that a person be authorised or licensed to carry out any work in relation to the Sub-Contract Works, that person is so authorised or licensed and has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; c. iv. it has informed itself as to the means of access to and egress from the Site, transport facilities, accommodation, services and storage facilities and any constraints therein available on Site; d. v. it has allowed in the Sub-Contract Sum for incidental items not expressly stated in the Sub-Contract, but which are clearly necessary for the completion and performance of the work under the Sub- Sub-Contract to be supplied and carried out out, including any and all relevant Legislative Requirements; e. vi. it has the necessary resources to complete the Sub-Contract Works by the date Date for Completion; and; f. vii. it shall exercise due skill, care and diligence, and Best Industry Practice in the carrying out and completion of the Sub-Contract Works; viii. it has conducted a thorough examination and investigation of the Site and the nature and extent of both the main contract works and the Sub-Contract Works and has made sufficient allowances in the Sub-Contract Sum and any construction program to carry out and complete the Sub-Contract Works by the Date for Completion; ix. it is Financially Sound at the time of entering into this Sub-Contract and continues to be Financially Sound in the performance of the work carrying out works under the Sub-Contract and will comply with any direction of the Contractor Total for the Sub-Contractor to provide proof that it is Financially Sound. x. it is aware of the requirements of the Building Products Legislation, including it acknowledges that the use of a Prohibited Product is strictly prohibited, and it agrees it will not use, refer to provide or identify a Prohibited Product in the performance of the Sub-Contract Works; xi. it is aware of the requirements of the Building Regulations and acknowledges that in the performance of its work under the Sub-Contract it will not use, refer to or identify any product which will cause or is likely to cause a threat to the safety of any occupants of the building as a breach of the Building Regulations; xii. the Sub-Contractor will ensure that they minimise any loss, damage or injury to any adjoining landowner and to comply with any agreement, right to access, easement, licence, or any access order and any ‘neighbouring land access order’ or a ‘utility service access order’ pursuant to the Access to Neighbouring Land Act 2000 (when directed by NSW), which has been granted on the Contractor) Project; xiii. it has complied with all financial records of its financial position obligations under the Privacy Act 1988 (Cth) in regards to be provided a financial expert information supplied to allow that financial expert to form an opinion Total in respect of the Sub-Contractor’s financial position to perform its obligations under this Sub-Contract; and g. any other warranties set out in a Deed of Warranty if requested by the Contractor. c) The Sub-Contractor has entered into the Sub-Contract relying on its own examination and investigations of the Site and accepts the Site and any structures on the Site in their present condition. The Contractor makes no representation and gives no warranty with respect to: i. Site conditions (including sub-surface conditions)employees; iixiv. any structure on the Site; iii. works completed by previous subcontractors; and iv. as to the accuracy, adequacy, suitability or completeness of any Site information document supplied. The Sub-Contractor assumes the risk and acknowledges if it will have No Claim against the Contractor arising out of or in connection with the physical conditions and characteristics of the Site and its surrounds. d) The Sub-Contract Sum is sufficient to cover the discharge of all the Sub- Contractor’s obligations under this Sub-Contract; e) If the Sub-Contractor has any design responsibility under the Sub-Contract, ; it will ensure that: i. Appropriately a. appropriately skilled, experience experienced and qualified persons supervise and co-ordinate design and production of design documents; and ii. The works b. the Works under the Sub-Contract are fit for their stated purpose and complies with all requirements of the Sub-Sub- Contract. f) xv. The Sub-Contractor must: i. Attend all Site meetings as requested by the Contractor; ii. Co-operate and coordinate with all other workers and contractors on the Site; and iii. Satisfy itself that the Site is suitable g) The Sub-Contractor is responsible for: i. Any damage caused by the Sub-Contractor and its agents and employees ii. Keeping the Sub-Contractor’s area clear and safe at all times; iii. Carrying out of the Works safely; and iv. Developing, documenting and submitting for approval, a quality management plan prior to assure the quality of the Sub-Contract Works (conforming to the requirements of ISO:9001 or an equivalent standard); v. At all times during the undertaking of the commencing work under the Sub-Contract, Contract (and as a precondition to payment of any amount under the Sub-Contractor must comply with Contract), execute and return the requirements Deed of the WHS Legislation Warranty set out at Schedule 4, or if required and prepare and submit directed to the Contractor a safe work method statement prior to commencing any work under the Sub- Contract; vi. As far as is practicabledo so, the form of Sub-Contractor must ensure that it does not by its acts or omissions cause or contribute to any breach by warranty deed required under the Contractor of its statutory obligations. The Sub-Contractor must indemnify the Contractor in respect of any liability, costs, losses or expenses whatsoever arising in connection with any breach of WHS Legislation by the Contractor to which the Sub-Contractor has contributed by a breach of this clause; and h) The Sub-Contractor must obtain and provide all guarantees and warranties reasonably available in relation to the supply and installation of materials, goods and other equipment, which extend beyond the Defects Liability Period. These are to be made in the favour of the PrincipalHead Contract. i) The Sub-Contractor must not enter into any secondary subcontracts or assign any right or benefit of the Sub-Contract without the prior written approval of the Contractor (which may be withheld in the Contractor’s absolute discretion). j) Any work undertaken on the Project prior to the execution of the Sub- Contract is governed by the terms of this Sub-Contract and forms part of the Sub-Contract Price.

Appears in 1 contract

Samples: Sub Contract Agreement

SUB-CONTRACTOR WARRANTIES. a) a. The Sub-Contractor must carry out and complete the Works: i. With due skill, care and diligence, and in accordance with Best Industry Practice; ii. In accordance with the Sub-contract and the Contractor’s directions; iii. In accordance with all Legislative Requirements; iv. Using materials that are new, fit for purpose and free of defects; v. By the date for Completion b) The Sub-Contractor in agreeing to carry out and complete the works warrants that: a. i. it is suitably qualified, skilled qualified and experienced in the type of work that is the subject of the Sub-Contract; b. persons ii. Persons employed by the Sub-Contractor are capable of performing the type of work that is the subject of the Sub-Sub- Contract; c. iii. it will ensure that if any Legislative Requirement requires that a person be authorised or licensed to carry out any work in relation to the Sub-Contract Works, that person is so authorised or licensed and has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; Total representative/ initial Sub-Contractor representative/ initial iv. it is Financially Sound to undertake and complete the Sub-Contract Works and will remain Financially Sound; v. it has informed itself as to the means of access to and egress from the Site, transport facilities, accommodation, services and storage facilities and any constraints therein available on Site; d. vi. it has allowed in the Sub-Contract Sum for incidental items not expressly stated in the Sub-Contract, but which are clearly necessary for the completion and performance of the work under the Sub- Sub-Contract to be supplied and carried out out, including any and all relevant Legislative Requirements; e. vii. it has the necessary resources to complete the Sub-Contract Works by the date Date for Completion; and; f. viii. it shall exercise due skill, care and diligence, and Best Industry Practice in the carrying out and completion of the Sub-Contract Works; ix. it has conducted a thorough examination and investigation of the Site and the nature and extent of both the main contract works and the Sub-Contract Works and has made sufficient allowances in the Sub-Contract Sum and any construction program to carry out and complete the Sub-Contract Works by the Date for Completion; x. it is Financially Sound at the time of entering into this Sub-Contract Agreement and continues to be Financially Sound in the performance of the work under the Sub-Contract its Services and will comply with any direction directions of the Contractor Total, for the Sub-Contractor to provide proof financial statements and accounts sufficient to demonstrate that it is Financially Sound; xi. it is aware of the requirements of the Queensland Building and Construction Amendment, including it acknowledges that the use of a Non-conforming Building Product is strictly prohibited and it agrees it will not use, refer to provide to or identify a Non- conforming Building Product in the Contractor (when directed by performance of the Contractor) Sub-Contract Works; xii. it has complied with all financial records of its financial position obligations under the Privacy Act 1988 (Cth) in regards to be provided a financial expert information supplied to allow that financial expert to form an opinion Total in respect of the Sub-Contractor’s financial position to perform its obligations under this Sub-Contract; and g. any other warranties set out in a Deed of Warranty if requested by the Contractor. c) The Sub-Contractor has entered into the Sub-Contract relying on its own examination and investigations of the Site and accepts the Site and any structures on the Site in their present condition. The Contractor makes no representation and gives no warranty with respect to: i. Site conditions (including sub-surface conditions)employees; iixiii. any structure on the Site; iii. works completed by previous subcontractors; and iv. as to the accuracy, adequacy, suitability or completeness of any Site information document supplied. The Sub-Contractor assumes the risk and acknowledges if it will have No Claim against the Contractor arising out of or in connection with the physical conditions and characteristics of the Site and its surrounds. d) The Sub-Contract Sum is sufficient to cover the discharge of all the Sub- Contractor’s obligations under this Sub-Contract; e) If the Sub-Contractor has any design responsibility under the Sub-Contract, ; it will ensure that: i. Appropriately a. appropriately skilled, experience experienced and qualified persons supervise and co-ordinate design and production of design documents; and ii. The works b. the Works under the Sub-Contract are fit for their stated purpose and complies with all requirements of the Sub-Sub- Contract. f) b. The Sub-Contractor must: i. Attend all Site meetings as requested by the Contractor; ii. Co-operate and coordinate with all other workers and contractors on the Site; and iii. Satisfy itself that the Site is suitable g) The Sub-Contractor is responsible for: i. Any damage caused by the Sub-Contractor and its agents and employees ii. Keeping the Sub-Contractor’s area clear and safe at all times; iii. Carrying out of the Works safely; and iv. Developing, documenting and submitting for approval, a quality management plan prior to assure the quality of the Sub-Contract Works (conforming to the requirements of ISO:9001 or an equivalent standard); v. At all times during the undertaking of the commencing work under the Sub-Contract, Contract (and as a precondition to payment of any amount under the Sub-Contractor must comply with Contract), execute and return the requirements Deed of the WHS Legislation Warranty set out at Schedule 4, or if required and prepare and submit directed to the Contractor a safe work method statement prior to commencing any work under the Sub- Contract; vi. As far as is practicabledo so, the form of Sub-Contractor must ensure that it does not by its acts or omissions cause or contribute to any breach by warranty deed required under the Contractor of its statutory obligations. The Sub-Contractor must indemnify the Contractor in respect of any liability, costs, losses or expenses whatsoever arising in connection with any breach of WHS Legislation by the Contractor to which the Sub-Contractor has contributed by a breach of this clause; and h) The Sub-Contractor must obtain and provide all guarantees and warranties reasonably available in relation to the supply and installation of materials, goods and other equipment, which extend beyond the Defects Liability Period. These are to be made in the favour of the PrincipalHead Contract. i) The Sub-Contractor must not enter into any secondary subcontracts or assign any right or benefit of the Sub-Contract without the prior written approval of the Contractor (which may be withheld in the Contractor’s absolute discretion). j) Any work undertaken on the Project prior to the execution of the Sub- Contract is governed by the terms of this Sub-Contract and forms part of the Sub-Contract Price.

Appears in 1 contract

Samples: Sub Contract Agreement

SUB-CONTRACTOR WARRANTIES. a) The Sub-Contractor must carry out and complete the Works: i. With due skill, care and diligence, and in accordance with Best Industry Practice; ii. In accordance with the Sub-contract and the ContractorTotal’s directions; iii. In accordance with all Legislative Requirements, Certificates and Approvals; iv. Using materials that are new, fit for purpose the Intended Purpose and free of defects; v. By the date for Completion b) The Sub-Contractor in agreeing to carry out and complete the works warrants that: a. it is suitably qualified, skilled and experienced in the type of work that is subject of the Sub-Contract; b. persons employed by the Sub-Contractor are capable of performing the type of work that is the subject of the Sub-Contract; c. it has informed itself as to the means of access to and egress from the Site, transport facilities, accommodation, services and storage facilities and any constraints therein available on Site; d. it has allowed in the Sub-Contract Sum for incidental items not expressly stated in the Sub-Contract, but which are clearly necessary for the completion and performance of the work under the Sub- Contract to be supplied and carried out including all Legislative Requirements; e. it has the necessary resources to complete the Sub-Contract by the date for Completion; and f. it is Financially Sound at the time of entering into this Sub-Contract and continues to be Financially Sound in the performance of the work under the Sub-Contract and will comply with any direction of the Contractor Total for the Sub-Contractor to provide proof that it is Financially Sound, including to provide to the Contractor Total (when directed by the ContractorTotal) all financial records of its financial position to be provided a financial expert to allow that financial expert to form an opinion of the Sub-Contractor’s financial position to perform its obligations under this Sub-Contract; and g. any other warranties set out in a Deed of Warranty if requested by the ContractorTotal. c) The Sub-Contractor has entered into the Sub-Contract relying on its own examination and investigations of the Site and accepts the Site and any structures on the Site in their present condition. The Contractor Total makes no representation and gives no warranty with respect to: i. Site conditions (including sub-surface conditions); ii. any structure on the Site; iii. works completed by previous subcontractors; and iv. as to the accuracy, adequacy, suitability or completeness of any Site information document supplied. The Sub-Contractor assumes the risk and acknowledges it will have No Claim against the Contractor Total arising out of or in connection with the physical conditions and characteristics of the Site and its surrounds. d) The Sub-Contract Sum is sufficient to cover the discharge of all the Sub- Contractor’s obligations under this Sub-Contract; e) If the Sub-Contractor has any design responsibility under the Sub-Contract, it will ensure that: i. Appropriately skilled, experience and qualified persons supervise and co-ordinate design and production of design documents; and ii. The works under the Sub-Contract Works, and all required Certificates and Approvals are fit for their stated purpose Intended Purpose and complies comply with all Legislative Requirements and requirements of the Sub-Contract. f) The Sub-Contractor must:must (including for temporary works): i. Attend all Site meetings as requested by the ContractorTotal; ii. Co-operate and coordinate with all other workers and contractors on the Site; and iii. Satisfy itself that the Site is suitable g) The Sub-Contractor is responsible for: i. Any damage caused by the Sub-Contractor and its agents and employees ii. Keeping the Sub-Contractor’s area clear and safe at all times; iii. Carrying out of the Works safely; and iv. Developing, documenting and submitting for approval, a quality management plan to assure the quality of the Sub-Contract Works (conforming to the requirements of ISO:9001 or an equivalent standard); v. At all times during the undertaking of the work under the Sub-Contract, the Sub-Contractor must comply with the requirements of the WHS Legislation and prepare and submit to the Contractor Total a safe work method statement prior to commencing any work under the Sub- Sub-Contract; vi. As far as is practicable, the Sub-Contractor must ensure that it does not by its acts or omissions cause or contribute to any breach by the Contractor Total of its statutory obligations. The Sub-Contractor must indemnify the Contractor Total in respect of any liability, costs, losses or expenses whatsoever arising in connection with any breach of WHS Legislation by the Contractor Total to which the Sub-Contractor has contributed by a breach of this clause; and h) The Sub-Contractor must obtain and provide all guarantees and warranties reasonably available in relation to the supply and installation of materials, goods and other equipment, which extend beyond the Defects Liability Period. These are to be made in the favour of the Principal. i) The Sub-Contractor must not enter into any secondary subcontracts or assign any right or benefit of the Sub-Contract without the prior written approval of the Contractor Total (which may be withheld in the ContractorTotal’s absolute discretion). j) . Any work undertaken on the Project prior to the execution of the Sub- Contract is governed by the terms of this Sub-Contract and forms part of the Sub-Contract Price.

Appears in 1 contract

Samples: Minor Works Sub Contract Agreement

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SUB-CONTRACTOR WARRANTIES. a) a. The Sub-Contractor must carry out and complete the Works: i. With due skill, care and diligence, and in accordance with Best Industry Practice; ii. In accordance with the Sub-contract and the Contractor’s directions; iii. In accordance with all Legislative Requirements; iv. Using materials that are new, fit for purpose and free of defects; v. By the date for Completion b) The Sub-Contractor in agreeing to carry out and complete the works warrants that: a. i. it is suitably qualified, skilled qualified and experienced in the type of work that is the subject of the Sub-Contract; b. persons ii. Persons employed by the Sub-Contractor are capable of performing the type of work that is the subject of the Sub-Sub- Contract; c. iii. it will ensure that if any Legislative Requirement requires that a person be authorised or licensed to carry out any work in relation to the Sub-Contract Works, that person is so authorised or licensed and has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; Total representative/ initial Sub-Contractor representative/ initial iv. it is Financially Sound to undertake and complete the Sub-Contract Works and will remain Financially Sound; v. it has informed itself as to the means of access to and egress from the Site, transport facilities, accommodation, services and storage facilities and any constraints therein available on Site; d. vi. it has allowed in the Sub-Contract Sum for incidental items not expressly stated in the Sub-Contract, but which are clearly necessary for the completion and performance of the work under the Sub- Sub-Contract to be supplied and carried out out, including any and all relevant Legislative Requirements; e. vii. it has the necessary resources to complete the Sub-Contract Works by the date Date for Completion; and; f. viii. it shall exercise due skill, care and diligence, and Best Industry Practice in the carrying out and completion of the Sub-Contract Works; ix. it has conducted a thorough examination and investigation of the Site and the nature and extent of both the main contract works and the Sub-Contract Works and has made sufficient allowances in the Sub-Contract Sum and any construction program to carry out and complete the Sub-Contract Works by the Date for Completion; x. it is Financially Sound at the time of entering into this Sub-Contract Agreement and continues to be Financially Sound in the performance of the work under the Sub-Contract its Services and will comply with any direction directions of the Contractor Total, for the Sub-Contractor to provide proof financial statements and accounts sufficient to demonstrate that it is Financially Sound; xi. [Victoria Only] it is aware of the requirements of the Building Act 1993 (VIC) and acknowledges that in the performance of its work under the Sub-Contract it will not use, refer to or identify any product defined as a ‘Prescribed Combustible Product’ within the meaning of the Minister’s Guideline MG-14: Issue of building permits where building work involves the use of certain cladding products as part of an External Wall (including as an attachment) unless the Prescribed Combustible Product has been approved by the relevant building surveyor acting in their capacity under the Act ; xii. [Victoria only] it is aware of the requirements of the Protection of Adjoining Property Legislation and will not cause Total to provide be in breach of any provisions with respect to the Contractor (when directed by ‘protection works’ under the Contractor) Act and Regulation, and will comply with any direction reasonably necessary for Total to carry out ‘protection works’; xiii. the Sub-contractor will ensure that they minimise any loss, damage or injury to any adjoining landowner and to comply with any agreement, right to access, easement, licence, or any access order which has been granted on the Project; xiv. it has complied with all financial records of its financial position obligations under the Privacy Act 1988 (Cth) in regards to be provided a financial expert information supplied to allow that financial expert to form an opinion Total in respect of the Sub-Contractor’s financial position to perform its obligations under this Sub-Contract; and g. any other warranties set out in a Deed of Warranty if requested by the Contractor. c) The Sub-Contractor has entered into the Sub-Contract relying on its own examination and investigations of the Site and accepts the Site and any structures on the Site in their present condition. The Contractor makes no representation and gives no warranty with respect to: i. Site conditions (including sub-surface conditions)employees; iixv. any structure on the Site; iii. works completed by previous subcontractors; and iv. as to the accuracy, adequacy, suitability or completeness of any Site information document supplied. The Sub-Contractor assumes the risk and acknowledges if it will have No Claim against the Contractor arising out of or in connection with the physical conditions and characteristics of the Site and its surrounds. d) The Sub-Contract Sum is sufficient to cover the discharge of all the Sub- Contractor’s obligations under this Sub-Contract; e) If the Sub-Contractor has any design responsibility under the Sub-Contract, ; it will ensure that: i. Appropriately a. appropriately skilled, experience experienced and qualified persons supervise and co-ordinate design and production of design documents; and ii. The works b. the Works under the Sub-Contract are fit for their stated purpose and complies with all requirements of the Sub-Sub- Contract. f) b. The Sub-Contractor must: i. Attend all Site meetings as requested by the Contractor; ii. Co-operate and coordinate with all other workers and contractors on the Site; and iii. Satisfy itself that the Site is suitable g) The Sub-Contractor is responsible for: i. Any damage caused by the Sub-Contractor and its agents and employees ii. Keeping the Sub-Contractor’s area clear and safe at all times; iii. Carrying out of the Works safely; and iv. Developing, documenting and submitting for approval, a quality management plan prior to assure the quality of the Sub-Contract Works (conforming to the requirements of ISO:9001 or an equivalent standard); v. At all times during the undertaking of the commencing work under the Sub-Contract, Contract (and as a precondition to payment of any amount under the Sub-Contractor must comply with Contract), execute and return the requirements Deed of the WHS Legislation Warranty set out at Schedule 4, or if required and prepare and submit directed to the Contractor a safe work method statement prior to commencing any work under the Sub- Contract; vi. As far as is practicabledo so, the form of Sub-Contractor must ensure that it does not by its acts or omissions cause or contribute to any breach by warranty deed required under the Contractor of its statutory obligations. The Sub-Contractor must indemnify the Contractor in respect of any liability, costs, losses or expenses whatsoever arising in connection with any breach of WHS Legislation by the Contractor to which the Sub-Contractor has contributed by a breach of this clause; and h) The Sub-Contractor must obtain and provide all guarantees and warranties reasonably available in relation to the supply and installation of materials, goods and other equipment, which extend beyond the Defects Liability Period. These are to be made in the favour of the PrincipalHead Contract. i) The Sub-Contractor must not enter into any secondary subcontracts or assign any right or benefit of the Sub-Contract without the prior written approval of the Contractor (which may be withheld in the Contractor’s absolute discretion). j) Any work undertaken on the Project prior to the execution of the Sub- Contract is governed by the terms of this Sub-Contract and forms part of the Sub-Contract Price.

Appears in 1 contract

Samples: Sub Contract Agreement

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