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Terms & Conditions

1. Agreement

1.1 These Terms & Conditions supersede all other terms or conditions issued by the client, whether prior to or after the commencement of these conditions.


1.2 These Terms & Conditions may only be amended in writing by mutual agreement.

2. Orders and Performance

2.1 Quotations are valid for thirty (30) calendar days from the date issued.


2.2 Orders must be confirmed in writing with a minimum lead time of seven (7) calendar days.


2.3 Acceptance of an order may be subject to a satisfactory credit assessment.


2.4 Upon receipt of a confirmed order, the Company will provide an approximate commencement date within seven (7) calendar days.


2.5 Method statements will be issued within seven (7) calendar days of order acceptance (if applicable).


2.6 Standard work hours are Monday to Friday, 6:30 am to 5:00 pm. Work outside these hours incurs an additional 20% labour charge.


2.7 Schedules are indicative; adverse weather may cause delays.


2.8 Any work not specified in the quotation is excluded.


2.9 The scope excludes latent site conditions unknown at the time of quotation.


2.10 If external factors affect the completion of works, the Company may:
(a) Extend the completion date,
(b) Alter the scope or materials with the client’s approval,
(c) Cancel the order without liability for breach.

3. Price

3.1 Pricing is based on the valid quotation.


3.2 Unless specified, prices do not include taxes or insurance.


3.3 The client is liable for applicable taxes.


3.4 Variations and additional work will be charged at the quoted price, or at the current rate plus 20% if no quote was provided.


3.5 Delays or changes will incur additional costs at the Company’s current rate.


3.6 Professional engineering certification, if required, will be charged at cost plus 20%.


3.7 Quantities will be re-measured if minimum quantities are exceeded.


3.8 Budget quotations are subject to final measurement.

4. Payment

4.1 A 20% deposit may be required for certain contracts.


4.2 Invoices must be paid in full within twenty-eight (28) calendar days.


4.3 The Company can offset amounts owed by the Client against any other amounts owed.


4.4 Late payments will incur interest at 5% per month and recovery costs.

5. Progress Payments

5.1 Payment claims will be invoiced monthly for work completed and materials stored onsite.


5.2 Payment claims will comply with the Building and Construction Industry Payments Act 2004 (Qld).

6. Site Facilities & Access

6.1 The client must provide water, power, and basic amenities at their expense.


6.2 Works will proceed continuously; re-mobilisation or downtime will be charged.


6.3 Access to the site must remain uninterrupted.


6.4 The client must provide parking for two vehicles.

7. Asbestos

7.1 The Company will ensure compliance with Work Health and Safety Act 2011 (Cth) and submit a Form 65 no less than five (5) days prior to work commencing.

8. Consulting Fee

8.1 Advisory quotations, if used for future comparisons, will incur a consulting fee of 8% of the estimated or actual contract value, or a minimum fee of AUD $1,500, whichever is greater.

9. Claims

9.1 The client must notify the Company within seven (7) calendar days of completion of any defects or faults.


9.2 The Company will rectify any defects within a reasonable timeframe.

10. Insurance, Risk and Property

10.1 The client assumes all risk for existing structures, plant, and materials on site.


10.2 The Company holds Public Liability Insurance to the value of $20 million.

11. Warranties

11.1 The Company is not liable for loss of profit, economic loss, or any other direct, indirect, or consequential loss arising from breach of contract.

12. Definitions and Interpretations

12.1 In these conditions, the following definitions apply:

  • ‘Client’ refers to the party accepting the Company’s order.

  • ‘Contract’ refers to the agreement and these Terms and Conditions.

  • ‘Delivery’ refers to the delivery of goods or materials to the Client or a carrier.

  • Tax’ includes any applicable taxes, levies, or duties.

  • ‘Company’ refers to the entity listed on the invoice.

13. Legal Jurisdiction

13.1 These terms are governed by the laws of Queensland, and the Client submits to the exclusive jurisdiction of the Queensland Courts.

14. Disputes

14.1 Disputes will be resolved by negotiation, mediation, or court proceedings under Queensland law.

15. Privacy Act

15.1 The Client authorises the Company to obtain necessary information to assess creditworthiness and indemnifies the Company from any breach of the Privacy Act.

16. Guarantee

16.1 The undersigned guarantee the timely payment of all amounts owed by the Client to the Company, including variations.

17. Quote Acceptance

17.1 The Client accepts these terms by signing or issuing a written purchase order to the Company.

18. Other Costs

Stand Down Rates

In the event of a required work stoppage due to factors beyond our control, the following stand-down rates apply (minimum 4 hours charge):

  • Management: $145 per hour

  • Supervisors: $140 per hour

  • Skilled Trades: $127 per hour

  • Labour: $82 per hour

  • Any other roles: Cost + 20% margin


Preliminary Stage Negotiations and Changes


Any changes or negotiations outside the original quote will be charged as follows:

  • Drafting & Design: $165 per hour

  • Engineering: $227 per hour

  • Town Planning: $175 per hour


Waterproofing


If waterproofing is required, it will be quoted separately.

Variations

Any work not included in the original scope of works will be treated as a variation and invoiced separately. Please contact HivePM immediately to ensure any changes are recorded.

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