Terms and Conditions

The Tribella Group Advantage

At Tribella Group, we aim to make the journey as easy as possible for our clients by delivering premium quality projects on budget and on time.  We meticulously plan every project at commencement for painless completion with minimal defects.  Our systems, processes and people ensure ‘Build it Better’ quality is maintained throughout the entire project.  Whether involved in the design stage or later in the construction stage, we can help resolve design issues by suggesting alternatives that can minimize the costs to the client and the time impacts upon the program.

Tribella Group often works within operational premises, where it is vital, we have minimal impact upon daily activities.  These projects require a high degree of sensitivity and constant communication between all key players.  We make every effort to facilitate a harmonious work site and a successful outcome.

That said, we are looking forward to working closely with you in delivering your project.

Personnel

The team is a highly motivated Project Manager with over 30 years experience within the fitout / construction industry, Andrew uses extensive industry knowledge combined with exceptional client relationships to deliver standout quality projects on time and on budget. His focus on personalized service and that means no surprises, just seamless delivery.

As Director, Andrew is highly involved in all projects stages from tendering to handover. This includes budget control, programming and site management.

In addition to the day-to-day running of Tribella Group, Andrew also contributes to Business Planning and additionally continues to monitor key market sectors to increase the company’s profile.

Workplace Health and Safety (WH&S)

Tribella Group always gives the highest priority to ensuring safety on site, and to adherence to the current Workplace Health and Safety Act and Consolidated Regulations.

Key elements in the process are:

• The establishment of a project specific safety plan,
• The carrying out of inductions of all project personnel prior to commencement on site,
• Ensuring that risk analysis is conducted, and safe work method statements are obtained for all risk activities prior to their commencement.

It is the site team’s responsibility to ensure:

• All work and practices are performed in accordance with the project safety plan and safe work method statements,
• All relevant checklists and materials safety data sheets have been completed and provided as required,
• Induction and other registers are set up and maintained up to date,
• Formal weekly safety inspections are carried out and recorded. 

Safety audits are conducted early in the project, and at intervals during the project appropriate to the level of risk.  Audit results are attended to promptly, where deficiencies have been identified.  In addition to improving implementation at the project level, the WH&S Management System is continually monitored and amended, details of which are communicated to all project personnel.

In this way Tribella Group seeks to promote safer sites and operating conditions.

Residential Minor Works Contract ­ General Conditions

1. DEFINITIONS

Note – In this Contract, certain words and phrases used throughout are defined and are shown in bold when used; e.g., Schedule Architect Plans ­ means the Plans, drawings and designs relating to the Works described in the quote;

Business Day ­ means a Day that is not a Saturday, Sunday, or public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done;

Contract ­ means these general conditions, the Schedule, the Plans, Specifications, and other documents annexed to, or incorporated by reference, in the Contract;

Contract Price ­ means the amount stated in the payment Schedule as adjusted under this Contract;

Contract Works Insurance ­ means a policy of insurance providing indemnity to Tribella Group Pty Ltd, its subcontractors, the Client/Owner and any lending authority against liability for physical loss, destruction or damage to the Works or to materials and goods upon or adjacent to the Land;

Defects Liability Period ­ means the period commencing on the Date of Practical Completion Stage and ending six (6) months after that date;

Deposit ­ means the amount to be paid by the Owner to the Contractor pursuant to Clause 3.1 of this Contract and as stated in the payment Schedule;

Engineering Plans ­ means the structural or hydraulic engineering that is required to accompany the Architect Plans or

Foundations Data relating to the works described.

Foundations Data ­ means the information about the Land needed for the preparation of an appropriate footings design for the Land, if appropriate a slab design for the Land and an adequate estimate of the cost of constructing the footings and concrete slab, e.g. soil test, contour plan etc;

Client/Owner ­ means the person stated in the Quotation and payment Schedule and includes the Owner’s/Builder’s

heirs, executors, administrators, permitted assignees and transferees;

Quotation ­ Is the offer made explaining the Specification and Works to be carried out under this Contract and is detailed above

Payment Terms ­ Outlines when payments are due relevant to the stage payments set out in the payment Schedule.

Further reference dates will occur at the end of each calendar month for 6 months after completion of works;

Possession ­ means when the Works, or any part of the Works, are taken over, occupied or used by the Client/Owner or the Owner’s/Builder’s employees or agents;

Practical Completion Stage ­ means that stage of the Works when the Works are completed in accordance with the Contract and all relevant statutory requirements, apart from minor omissions or minor defects, and the Works are reasonably suitable for habitation;

Prime Cost Item ­ means an item (for example, a fixture or fitting) that either has not been selected, or whose price is not known at the time the Contract is entered into, the cost for the supply and delivery of which Tribella Group Pty Ltd must make a reasonable allowance in the Contract;

Provisional Sum ­ means an estimate of the cost of carrying out particular work (including the cost of supplying any materials needed for the work) under the Contract for which Tribella Group Pty Ltd, after making all reasonable inquiries, cannot give a definite amount at the time the Contract is entered into;

Tribella Group Pty Ltd –This means the company licensed to carry out Works and if referred to in the document as Tribella Group Pty Ltd.

Schedule ­ means the payment Schedule contained in this Contract;

Specifications ­ means the Specifications described in the Contract and describes the Works;

Time to complete ­ This is the time it takes to complete the work including rain delayed days and non­working days.

Tribunal ­ means the Queensland Civil & Administrative Tribunal (QCAT) established under the Queensland Civil & Administrative Tribunal Act 2009; and

Works ­ means the whole of the Work to be carried out by Tribella Group Pty Ltd under the Contract, a description of which is contained in the Quotation and includes variations to the Works.

2.  CONTRACTOR’S OBLIGATIONS

2.1 The following warranties are incorporated into the Contract under Part 4 of the Domestic Building Contracts Act 2000:

(a) Tribella Group Pty Ltd will carry out the Works:

(i) in an appropriate and skillful way;

(ii) with reasonable care and skill;

(iii) in accordance with the Architect Plans, Engineering Plans and Specifications;

with alternative Specifications to those outlined in the Architect Plans and Engineering Plans if it does not affect aesthetics and can be signed off with the relevant certificates and;

(iv) in accordance with all relevant laws and legal requirements including, for example, the Building Act 1975;

(b)  Materials supplied by Tribella Group Pty Ltd for use in the Works will be good and suitable for the purpose for which they are to be used and, unless otherwise stated in the Contract, will be new;

3. OWNERS/BUILDER’S OBLIGATIONS

3.1 The Client/Owner must pay to Tribella Group Pty Ltd the Contract Price in accordance with this Contract.

Tribella Group Pty Ltd is entitled to claim payment of the Contract Price progressively, on completion of the stages set out in payment Schedule. A progress claim must be in writing, certify that the Works have been completed to the relevant stage

3.2 and set out the amount to be paid to Tribella Group Pty Ltd in accordance with Clause 3.3. It is acknowledged that the completion of each stage of work as detailed below generates a reference date under the Building Industry Fairness (Security of Payment) Act 2017.

3.3  On receiving a progress claim, the Client/Owner must pay Tribella Group Pty Ltd, within the period stated in the Payment Terms, a progress payment calculated in accordance with the following:

(a) the percentage or amount of the Contract Price set out in the relevant stage;

(b) any adjustment to the Contract Price under this Contract; and

(c) any other amount due and payable by the Client/Owner to Tribella Group Pty Ltd under the Contract or otherwise.

If the Client/Owner fails to make any payment to Tribella Group Pty Ltd within the time for payment under this Contract, Raise

3.4 Tribella Group Pty Ltd is entitled to interest on the outstanding amount, payable from the date for of due payment until the date of payment.

3.5  If the Client/Owner supplies any documents to Tribella Group Pty Ltd, the Client/Owner:

will be liable to pay Tribella Group Pty Ltd for any loss of time, material or labor due to errors in any way irrespective of oversights by either party during the quoting or pre­construction phase,

(a) acknowledges that it is reasonable for Tribella Group Pty Ltd to rely on the documents or data; and

(b) must supply sufficient number of copies to enable Tribella Group Pty Ltd to undertake the Works and to obtain the necessary approvals, if Tribella Group Pty Ltd is required to do so under this Contract.

3.6 Client/Owner not to interfere with the carrying out of the Works

The Client/Owner, must not obstruct, interfere with or hinder the carrying out of the Works. The Client/Owner must

(a) take all reasonable steps to prevent all others from obstructing, interfering with or hindering the carrying out of the Works.

If the Client/Owner or any person authorised by the Client/Owner obstructs, interferes with, or hinders the performance of the Works, the Client/Owner is liable to Tribella Group Pty Ltd for any delay, and any additional costs incurred by Tribella Group Pty Ltd, if Tribella Group Pty Ltd gives the Client/Owner a written notice advising of the delay or the additional cost within five (5) Business Days of Tribella Group Pty Ltd becoming aware of the obstruction, interference or hindrance.

Tribella Group Pty Ltd must be given exclusive, uninterrupted access to the site for the period of construction except as otherwise determined by this Contract.

3.7.

(b) Health and safety obligations for Owners or Builders.

Tribella Group Pty Ltd has obligations under the Work Health and Safety Act 2011 to ensure the safety of the person, the person’s workers and any other persons on a construction site. This obligation is fulfilled if people are not exposed to risks to their health and safety on a site. This includes the health and safety of Owner’s/builder’s or their Agents.

The Client/Owner agrees to the following obligations under the Work Health and Safety Act 2011:

(i) To comply with the instructions given for work health and safety at the workplace by Tribella Group Pty Ltd for the construction work at the workplace;

(ii ) Not to willfully or recklessly interfere with or misuse anything provided for work health and safety at the workplace;

(iii) Not to willfully place at risk the health and safety of any person at the workplace; and

(iv) Not to willfully injure ones self.

To fulfil the obligations of Tribella Group Pty Ltd in ensuring the Client/Owner or their Agents health and safety, the Client/Owner or their Agent must only attend the designated construction areas whilst supervised by Tribella Group Pty Ltd or a representative of Tribella Group Pty Ltd.

Upon written request from the Client/Owner, Tribella Group Pty Ltd will give the Client/Owner reasonable supervised access to the designated construction areas. Access shall be by prior arrangement with Tribella Group Pty Ltd and shall be during working hours or other times as agreed.

The Client/Owner must protect any existing property. Tribella Group Pty Ltd will not be held responsible for unavoidable or accidental damage to the existing property.

The Client/Owner must provide adequate project management should there be any site-specific enquiries or ambiguities in project documentation. If the Client/Owner is not personally available to provide instructions when required, a third party should be engaged however, the cost of engaging a third party will be fully borne by the Client/Owner.

4. DESIGNATED STAGES FOR PROGRESS PAYMENTS

4.1 A Deposit must not exceed 5% if the Contract Price is $20,000 or greater OR 10% if the Contract Price is less than $20,000.

The Client/Owner and Tribella Group Pty Ltd may agree to stages that differ from the Schedule (with the exception of the Deposit) if there are reasonable grounds, provided that reasons are given in the Schedule. The Client/Owner must initial next to the relevant Item of the Schedule.

4.2 Tribella Group Pty Ltd must not demand or receive an amount under the Contract, other than the Deposit, unless the amount is directly related to the progress of the subject work.

5. PRIME COST ITEMS AND PROVISIONAL SUMS

If this Contract includes any Prime Cost Items or Provisional Sums, the Client/Owner must give Tribella Group Pty Ltd all necessary written and signed directions requested by Tribella Group Pty Ltd regarding the selection or supply of the items or work represented by either a Prime Cost Item or a Provisional Sum within five (5) Business Days.

5.2 If the Client/Owner fails to comply with Clause 5.1, Tribella Group Pty Ltd may select and supply an alternative Prime Cost Item, as near as reasonably possible in quality to the original Prime Cost Item.

If the actual cost of a Prime Cost Item, or the actual cost of the work for a Provisional Sum, is less than the amount

5.3 allowed for that item, the difference is deducted from the Contract Price and is to be allowed by Tribella Group Pty Ltd in the next progress claim.

If the actual cost of a Prime Cost Item, or the actual cost of the work for a Provisional Sum, exceeds the amount allowed

5.4 for that item, the excess amount plus Tribella Group Pty Ltd’s margin stated in the Schedule is added to the Contract Price and is to be claimed by Tribella Group Pty Ltd in the next progress claim.

Tribella Group Pty Ltd must give to the Client/Owner a copy of any invoice, receipt or other document relating to the actual cost

5.5 incurred by Tribella Group Pty Ltd for any Prime Cost Item or Provisional Sum prior to or when seeking payment for, the relevant item or work.

6. VARIATIONS BY AGREEMENT

6.1 Either party may give to the other a written notice requesting a variation to the Works.

6.2 Tribella Group Pty Ltd, may at its discretion, agree to carry out any variation requested by the Client/Owner.

The parties may agree to vary the Works by adding or omitting work from the Works. The parties must ensure that the agreement to vary the Works is put in writing in a variation document signed by Tribella Group Pty Ltd and the Client/Owner

within the shortest practicable time and before any work, the subject of the variation, is carried out

6.3 State when any adjustment to the Contract Price is to be claimed or allowed by Tribella Group Pty Ltd. If the variation document

6.4 does not note when the variation amount may be claimed, it is deemed that a reference date occurs when the subject variation work is complete.

6.5 Where a variation results in an increase to the Contract Price, the Client/Owner must pay Tribella Group Pty Ltd the amount of the increase in accordance with the date stated in the variation document.

6.6 As soon as practicable, and within five (5) Business Days, after a variation is agreed to, Tribella Group Pty Ltd must give the

Client/Owner a copy of the signed variation document.

Tribella Group Pty Ltd is under no obligation to commence any variation until such time as the Client/Owner produces

6.7 satisfactory evidence to Tribella Group Pty Ltd that the Client/Owner has the financial capacity to pay the cost of the variation. The Client/Owner must notify Tribella Group Pty Ltd in writing of any negative variations that the Client/Owner is proposing to

6.8 apply to the contract prior to these costs being incurred. Should no such notice be given, no negative variations to the contract will be accepted.

7. VARIATION DUE TO COMPLIANCE WITH STATUTES

7.1 (a) Tribella Group Pty Ltd shall:

(i) comply with all statutory requirements relating to the Works;

(ii) unless otherwise agreed, obtain all consents, approvals and permits necessary for the carrying out of the

Works;

(b) Tribella Group Pty Ltd shall give any notice or report and pay any fee in order to comply with Clause 7.1(a);

(c) If the cost to Tribella Group Pty Ltd:

(i) in complying with any statute, local authority, private certifier or other body having jurisdiction over the Works, increases after the entering into of the Contract by the parties; or

(ii) in carrying out the Works, increases after the entering into of the Contract by the parties as a result of the introduction or increase of any tax, charge, levy or regulation, the amount of the increase shall be treated as a variation;

If Tribella Group Pty Ltd compliance with the statutory requirements requires a variation to the Works, Tribella Group Pty Ltd

(d) shall with the prior written consent of the Client/Owner, vary the Works as required and the cost to Tribella Group Pty Ltd of the variation, together with Tribella Group Pty Ltd’s margin on that cost, shall be added to the Contract Price.

Prior to Tribella Group Pty Ltd commencing any work the subject of the variation, Tribella Group Pty Ltd must give the Client/Owner

7.2 an estimate of the cost involved in carrying out the variation and the parties must agree to vary the Works and confirm their agreement in writing in accordance with Clause 6.3.

To remove doubt, the requirements of Clauses 6.3, 6.4, 6.5 and 6.7 apply to variations under this Clause.

7.3 The Client/Owner must not unreasonably withhold its consent to a variation under this Clause and must take all steps necessary to sign the variation document provided by Tribella Group Pty Ltd.

8. VARIATIONS FOR LATENT CONDITIONS

Tribella Group Pty Ltd must, upon becoming aware of a Latent Condition, promptly give the Client/Owner a written notice

8.1 describing the Latent Condition, Tribella Group Pty Ltd’s estimate of the work required to overcome the Latent Condition and Tribella Group Pty Ltd’s estimate of the cost.

8.2 Subject to this Contract, Tribella Group Pty Ltd shall, with the prior written consent of the Client/Owner, vary the Works to include the work required to overcome the Latent Condition.

8.3 Prior to Tribella Group Pty Ltd commencing any work the subject of the variation, the parties must agree to vary the Works and confirm their agreement in writing in accordance with Clause 6.3.

8.4 The Client/Owner must not unreasonably withhold its consent to a variation under this Clause and must take all steps necessary to sign the variation document provided by Tribella Group Pty Ltd.

8.5 Subject to Clause 8.5, nothing in this Clause imposes any extra obligation on Tribella Group Pty Ltd where the work required to overcome the Latent Condition has been allowed for as a Provisional Sum.

9. DELAYS AND EXTENSION OF TIME CLAIMS

9.1 If the progress of the Works is delayed as a result of:

(a) any variations to the Works;

(b) proceedings being taken, or threatened by, or disputes with, adjoining neighboring owners or residents;

(c) any industrial action or civil commotion affecting the Works, any persons employed upon the Works, or the manufacture or supply of materials for the Works;

(d) the unavailability of any materials necessary to carry out the Works;

(e) inclement weather or any condition arising as a result of inclement weather;

(f) any act, default or omission on the part of the Client/Owner; or

(g) any other cause beyond the reasonable control of Tribella Group Pty Ltd,

Tribella Group Pty Ltd shall, within ten (10) Business Days, from the day the delay ended, claim a reasonable extension of the Date for Practical Completion Stage setting out the causes and consequences of the delay equal to the period of the delay.

9.2 Where the reason for the delay has been allowed for by Tribella Group Pty Ltd, Tribella Group Pty Ltd is only entitled to an extension of the Date for Practical Completion to the extent that the length of the delay exceeds Tribella Group Pty Ltd’s allowance.

10. OBLIGATIONS OF BOTH PARTIES UPON PRACTICAL COMPLETION STAGE

10.1 Upon reaching the Practical Completion Stage, Tribella Group Pty Ltd must give to the Client/Owner:

(a)the final invoice for works as indication that the job has reached practical completion Client/Owner must pay the final invoice to Tribella Group Pty Ltd in accordance with the Contract

If Tribella Group Pty Ltd provides the final invoice after Works are complete, the Client/Owner has 3 Business Days to provide a list of defects.

Tribella Group Pty Ltd must rectify or complete any agreed items listed in the defects document before Practical Completion Stage if possible, or within a reasonable period.

Notwithstanding that Practical Completion Stage may have been reached with minor omissions or defects, the Client/Owner must pay the final invoice to Tribella Group Pty Ltd in accordance with the Contract. If the Client/Owner wishes to take Possession of the Works but disputes the amount payable to Tribella Group Pty Ltd

The Client/Owner is to then give Tribella Group Pty Ltd a receipt showing that the disputed money has been deposited and the Client/Owner must pay the undisputed amount to Tribella Group Pty Ltd. On receiving the receipt and payment, Tribella Group Pty Ltd is to hand the keys to the Client/Owner and give the Client/Owner vacant possession of the Works.

10.3 Master Builders Queensland must ensure that any money received into the Holding account by the Association is released:

(a) upon receipt of written instructions signed by Tribella Group Pty Ltd and Client/Owner;

(b) upon receipt of a determination or order from the Tribunal; or

(c) by order of a Court.

The Client/Owner must not take Possession of the Works, nor is it entitled to the keys to the Works prior to payment to

10.4 Tribella Group Pty Ltd of the Practical Completion Stage, unless the Client/Owner has obtained Tribella Group Pty Ltd’s written consent.

If the Client/Owner takes Possession of the Works, or any part of the Works, when not entitled to do so under this

10.5 Contract, the Works are deemed to have reached Practical Completion Stage on the date of Possession and the

Client/Owner is liable to Tribella Group Pty Ltd for any loss or damage arising as a result.

10.6 If the Client/Owner maintains Possession of the property throughout the duration of the Works, then Works are deemed to have reached Practical Completion Stage when Tribella Group Pty Ltd issues the final invoice.

11. SUSPENSION OF THE WORKS

11.1 Tribella Group Pty Ltd may, without prejudice to any of Tribella Group Pty Ltd’s rights under this Contract or at law, suspend performance of the Works where the Client/Owner:

(a) fails to comply with any of its obligations under Clause 3;

(b) fails to provide Tribella Group Pty Ltd with any information requested by Tribella Group Pty Ltd under Clause 5;

(c) takes Possession of any part of the Works without the prior written consent of Tribella Group Pty Ltd prior to paying the Practical Completion Stage payment;

(d) unreasonably fails to consent to any variation under Clause 6, Clause 7 or Clause 8 or fails to sign a variation document provided by Tribella Group Pty Ltd; or

(e) is in breach of any term of this Contract.

Tribella Group Pty Ltd must immediately notify the Client/Owner in writing of the suspension and the grounds for the suspension. The Date for Practical Completion Stage is deemed to be automatically extended for a period equivalent to the date Tribella Group Pty Ltd gives its notice of suspension until the date Tribella Group Pty Ltd recommences the Works on the Land.

11.3 The Client/Owner must remedy the breach or breaches stated in any suspension notice given to the Client/Owner in accordance with Clause 11.2 within ten (10) Business Days after receiving the notice from Tribella Group Pty Ltd.

11.4 Tribella Group Pty Ltd must recommence the carrying out of the Works within ten (10) Business Days of the breach or breaches stated in the suspension notice being remedied by the Owner.

12. OWNER’S RIGHT TO TERMINATE CONTRACT

12.1 If Tribella Group Pty Ltd:

(a) fails to proceed with the Works with due diligence or in a competent manner;

(b) unlawfully suspends the carrying out of the Works;

(c) refuses or persistently neglects to remove or remedy defective work or improper materials, so that the Works are adversely affected;

(d) is unable or unwilling to complete the Works or abandons the Contract; or

(e) is in substantial breach of this Contract,

the Client/Owner may give a written notice to Tribella Group Pty Ltd:

(i) describing the alleged breach or breaches of the Contract by Tribella Group Pty Ltd; and

(ii)  stating the Owner’s/Builder’s intention to terminate the Contract unless Tribella Group Pty Ltd remedies the alleged breach or breaches within ten (10) Business Days after receiving the Owner’s/Builder’s notice.

If Tribella Group Pty Ltd fails to remedy the breach or breaches stated in any notice served by the Client/Owner under Clause the Client/Owner may, without prejudice to any other rights or remedies, terminate this Contract by further written notice to Tribella Group Pty Ltd, provided that such notice of termination shall not be given unreasonably or vexatiously and, if so given then any such notice of termination shall be null and void and of no force or effect.

12.2 The Client/Owner may not terminate this Contract if the Client/Owner is in substantial breach of this Contract.

13. Tribella Group PTY LTD’S RIGHTS TO TERMINATE CONTRACT

13.1 If the Client/Owner:

(a) fails to comply with any of its obligations under Clause 3.

(b) fails to provide Tribella Group Pty Ltd with any information requested by Tribella Group Pty Ltd under Clause 5.

(c) unreasonably fails to consent to any variation under Clause 6, Clause 7 or Clause 8 or fails to sign a variation document provided by Tribella Group Pty Ltd;

(d) fails to remedy any breach specified in a notice of suspension given under Clause 11 within ten (10) Business Days of receipt of that notice; or

(e)  is in substantial breach of this Contract, Tribella Group Pty Ltd may give a written notice to the Client/Owner:

(i) describing the breach or breaches of the Contract by the Client/Owner; and stating Tribella Group Pty Ltd.’s intention to terminate the Contract unless the Client/Owner remedies the breach or breaches within ten (10) Business Days after receiving the Contractor’s notice.

If the Client/Owner fails to remedy the Owner’s/Builder’s breach or breaches stated in any notice served by Tribella Group Pty Ltd under Clause 13.1, Tribella Group Pty Ltd may, without prejudice to any other rights or remedies, terminate this Contract by further written notice to the Client/Owner.

13.3 Tribella Group Pty Ltd may not terminate this Contract if Tribella Group Pty Ltd is in substantial breach of this Contract.

If Tribella Group Pty Ltd terminates the Contract in accordance with this Clause, Tribella Group Pty Ltd is entitled to recover from the

13.4 Client/Owner all loss, costs, expenses and damages in connection with the Owner’s breach, and the termination, as if the Owner had wrongfully repudiated this Contract.

Tribella Group Pty Ltd may remove from the Land and retain all unfixed materials, goods, plant and equipment previously provided by Tribella Group Pty Ltd.

14. TERMINATION FOR INSOLVENCY

14.1 Either Tribella Group Pty Ltd or the Client/Owner may terminate this Contract immediately on giving written notice to the other party, if the other party:

(a) becomes insolvent or financially unable to proceed with the Contract;

(b) commits an act of bankruptcy or is made bankrupt;

(c) makes a composition or other arrangement with creditors;

(d) assigns assets for the benefit of creditors generally;

(e) being a company, enters into a deed of company arrangement or has a controller, administrator or receiver appointed;  or

(f) being a company, goes into liquidation.

14.2 A written notice under Clause 14.1 must state the ground or grounds for the termination relied upon by that party.

15. INSURANCE

15.1 Tribella Group Pty Ltd must, in respect of its workers, comply with all requirements of the current Work Cover Act.

Tribella Group Pty Ltd is to effect and maintain a Contracts Works Insurance Policy for the full insurable value of the Works in the joint names of the Client/Owner, Tribella Group Pty Ltd and any lender (if so required) from the Date for Commencement until the Date of Practical Completion Stage or the date the Client/Owner takes Possession of the Works whichever is earlier.

Tribella Group Pty Ltd must, during the currency of the Contract, effect and maintain a public liability insurance policy covering the liabilities of Tribella Group Pty Ltd and Client/Owner to third parties in respect of personal injury, death and loss or damage to property, arising out of, or in connection with, the Works.

15.3 Tribella Group Pty Ltd must, on written request from the Client/Owner, provide evidence of any insurance policies required to be affected by Tribella Group Pty Ltd under this Contract within ten (10) Business Days.

The Client/Owner must insure the Works from the Date of Practical Completion Stage. If the Works involve the alteration, addition or repair of an existing building then the Client/Owner must affect and maintain an insurance policy

15.4 for the duration of the Contract which provides cover for the full replacement value of the building affected by the Works and any contents thereof, against loss or damage, and must provide a copy to Tribella Group Pty Ltd if Tribella Group Pty Ltd makes a request in writing.

16. COOLING OFF PERIOD

16.1 Subject to Clause 17.2, the Client/Owner may withdraw from the Contract within five (5) Business Days after receiving both a signed copy of the Contract and a copy of a Contract Information Statement approved by the QBCC.

16.2 In order to withdraw from the Contract the Client/Owner must give a written notice to Tribella Group Pty Ltd stating that the

Client/Owner withdraws from the Contract under Section 72 of the Domestic Building Contracts Act 2000.

16.3 The Client/Owner may not withdraw from the Contract if:

(a) the Client/Owner and Tribella Group Pty Ltd have previously entered into a Contract relating to the same home or land in substantially the same terms;

(b) the Client/Owner has received formal legal advice about the Contract before entering into the Contract; or

(c) at any time, the Client/Owner tells Tribella Group Pty Ltd that the Client/Owner has received formal legal advice about the Contract before entering into the Contract.

16.4  If the Client/Owner withdraws from the Contract under this Clause, Tribella Group Pty Ltd must return the Deposit to the Client/Owner less $100 and any out of pocket expenses reasonably incurred by the Contractor to the date the Contractor received the Owner’s notice. If the Client/Owner has not paid the Deposit, the amount of $100 plus Tribella Group Pty Ltd’s out of pocket expenses is deemed to be a debt payable from the Client/Owner to Tribella Group Pty Ltd.

17. RESOLUTION OF DISPUTES

17.1 By agreement between the parties, a dispute in connection with this Contract may be referred to the Master Builders Queensland (MBQ) for conciliation at any time, provided that one of the parties is a member of the MBQ.

If conciliation in accordance with Clause 18.1 is unsuccessful, then the dispute must be referred to the Queensland Civil & Administrative Tribunal (QCAT) for resolution.

18. GOODS AND SERVICES TAX

(a) For the purposes of this Contract, the terms “ABN”, “GST”, “GST law”, “registered”, “tax invoice” and “taxable supply” have the meanings given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(b) Tribella Group Pty Ltd warrants that Tribella Group Pty Ltd is:

(i) the holder of any ABN stated in the Schedule; and

(ii) registered and will continue to be registered until the expiration of the Defects Liability Period.

(c) The Contract Price includes GST.

(d) Where the Works, or any part of the Works, constitute a taxable supply, Tribella Group Pty Ltd shall comply in every respect with GST law.

(e) The progress claims that Tribella Group Pty Ltd submits under Clause 3 and Clause 4, and the final invoice that Tribella Group Pty Ltd submits under Clause 10, shall be in the form of a tax invoice.

19. SPECIAL CONDITIONS

If applicable, the Quotation and the special conditions set out in the Schedule shall take effect as express terms of the contract.