S01 General Conditions

S:01 GENERAL CONDITIONS

Note: The term contractor is used interchangeably to describe both subcontractors & suppliers

1. Compliance with Ordinances/ etc.

1.1. Whenever any work or any type of plant or machinery, etc. is required either by the

Specification or by the relevant Statutory Authority, provide full details of such work, plant, etc. to the relevant Statutory Authority and make such applications, etc. as may be required within two weeks of receipt of work purchase order.

2. Standards

2.1.  Unless otherwise specified, materials and workmanship shall be in accordance with BCA & the relevant standards of the Standards Association of Australia.

2.2.  The relevant standard shall be the current edition.

2.3.  It is the Contractor’s responsibility to provide, if required, certification showing compliance with the Standards.

3. Building Code of Australia

3.1.  Class of Building is Class 1a,

3.2.  Construction shall be carried out in accordance with the “Deemed-to-Satisfy Provisions” of the Building Code of Australia.

3.3.  It is the Contractor’s responsibility to provide, if required, certification showing compliance with the BCA.

4. Adjacent Premises

4.1.  Ensure that the work is carried out without damage to and with a minimum of nuisance or annoyance to the occupants of adjacent premises.

4.2.  The Principal shall have a report including photographs of the adjoining premises recording the state of the buildings, fences, structures & vegetation prior to commencement of work sand make available to contractors upon request.

5. Footpath Crossings

5.1.  The Principal shall inspect and photographically record the existing condition of the footpaths and driveway crossings prior to commencement of any works and make available to contractors upon request.

5.2.  Caution shall be exercised to preserve the condition of the footpath/kerb & channel/driveway whilst providing services to the Principal.

5.3.  Damage shall be reported immediately to the Principal

6. Interference into Existing Services

6.1. Notify the Authorities and the Principal of any connection, disconnection or interference with existing services.

7. Damaged Services

7.1. Where existing services at or adjacent to the site are in non-optimum condition, arrange for an inspection by the Principal. At such meeting, record the condition and follow resolution of that meeting when issued in writing by the Principal.

8. Solid, Liquid and Gaseous Contaminants

8.1. Be responsible for the proper disposal of all solids, liquid and gaseous contaminants.

8.2. Gaseous contaminants shall be discharged in such a manner that they will be sufficiently diluted with fresh air that the toxicity will be reduced to an acceptable level.

8.3. Subject to statutory and local requirements, liquid contaminant may be diluted with water to a level of quality acceptable in the sewer system or contained in

approved vessels for disposal at sites approved by the relevant Authority.
8.4. Dispose of solid contaminants by removal from the site to locations approved by the relevant Authority.

9. Disposal of Refuse

9.1. Refuse from construction operation (including food scraps and the like) shall be placed in the waste bin provided or removed from site and disposed of by the Contractor should a bin not be present or accessible.

10. Dimensioning

10.1.  Do NOT scale drawings.

10.2.  Confirm all existing and proposed dimensions on site and inform the Architect of any discrepancy.

11. Delivery/Storage/Handling

11.1.  Deliver, handle and store products in accordance with manufacturer’s recommendations and by methods and means which will prevent damage, deterioration, and loss including theft.

11.2.  Control delivery schedules to minimise long-term storage of products at site and over-crowding of construction spaces. In particular, co-ordinate delivery and/or installation to ensure minimum holding or storage times for products recognised to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft and other sources of loss.

12. General Product Compliance

12.1.  Provide products which comply with requirements, and which are undamaged and unused at time of installation, and which are complete with accessories, trim, finish, features required by regulation, and other devices and details needed for a complete installation and for intended use and effect.

12.2.  Standard Products: Where available, provide standard products of types which have been produced and used previously and successfully on other Projects and in similar applications.

12.3.  Continued Availability: Where additional amounts of a product, by its application, are likely to be needed by the Principal at a later date for maintenance and repair or replacement work, provide a standard, domestically produced product which is likely to be available to Prinicpal at such later date.

12.4.  Manufacturer’s Instructions: Where installations include manufactured products, comply with manufacturer’s applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in Purchase Order & Specification/Schedule Documents.

12.5.  Substitution of products specified in these documents by similar products is to be approved by the Principal prior to ordering.

13. Contractor’s Quality Control

13.1.  Inspect each item of materials or equipment immediately prior to installation and reject damaged or defective items.

13.2.  Provide attachment and connection devices and methods for securing materials properly as they are installed, true to line and level, and within recognised industry tolerances unless otherwise indicated.

13.3.  Allow for expansion and building movements. Provide uniform joint widths in exposed Work, organised for best possible visual effect. Refer questionable visual effect choices to the Principal or Site Supervisor.

13.4. Re-check measurements and dimensions of the Work as an integral step before starting each installation.

13.5. Install Work during conditions of temperature, humidity, exposure and weather which will ensure the best possible results for each part of the Work, or component or treatment as necessary to prevent damage and deterioration.

13.6. Co-ordinate enclosure and closing-in of Work with required inspections and tests, so as to avoid necessity of uncovering Work for that purpose.

13.7 Limiting Exposures of Work: To extent possible, through control and protection methods, supervise performance of work in a manner which will ensure that none of the work whether completed or in progress, will be subjected to harmful, dangerous, or damaging exposures during construction period

14. Material/Colour Selections

14.1. For materials, textures and colours refer to Schedules. Items where colour is to be advised or not given are to be requested by the Contractor from the Principal/Supervisor prior to these items being called for installation onsite.

15. Guarantees and Warranty

15.1.  The Contractor or other approved Guarantor or Guarantors shall provide written guarantees where so specified elsewhere in the specifications.

15.2.  Each guarantee shall be in an approved form and shall specifically include the provisions.

15.3.  All guarantee periods shall commence from the date of Practical Completion and shall be for the periods later specified.

16. Contractors to observe confidentiality

16.1. Publicity: Do not issue information concerning the project for publication in the media without prior written approval of the Principal

17. Non-Disclosure Agreement

Between: The website user, visitor, viewing party – herein referred to as the  “Receiving Party” and Silverback Pty Ltd, 38 Skyring Terrace Teneriffe QLD 4005 “Disclosing Party”

17.1.1.  On the understanding that both parties are sharing information in the construction of residential homes, it is agreed that all information whether oral, written, stored or accessible in an information retrieval system, website or otherwise, that is supplied to the Receiving Party in the course of providing services to the Disclosing Party, shall be treated as confidential by the Receiving Party.

17.1.2.  The Receiving Party undertakes not to use the information for any purpose, other than for the purpose of providing contracted services, or administering construction or maintenance work on a Silverback Pty Ltd construction, without obtaining the written agreement of the Disclosing Party.

17.1.3.  The Receiving Party shall not disclose shared information with any other residential building company, general contractor, supervisor or tradesman without obtaining the written agreement of the Disclosing Party.

17.1.3a The Receiving Party shall not use any information received as grounds for or as material evidence in legal action against the disclosing party.

17.1.4.  This Agreement applies to both technical and commercial information communicated by either Party.

17.1.5.  This Agreement does not apply to any information in the public domain or which the Receiving Party can show was either already lawfully in their possession prior to its disclosure by the Disclosing Party or acquired without the involvement, either directly or indirectly, or the Disclosing Party.

17.1.6.  Neither Party to this Agreement shall retain any documents or items connected with the disclosure after collaboration has ceased.

17.1.7.  No disclosure made by the Receiving Party shall create any license, title or interest in respect of any Intellectual Property Rights of the Disclosing Party.

17.1.8.  After 10 years, from the date hereof each Party shall be relieved of all obligations under this Agreement

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