- Terms and Conditions – Definitions
1.1 “Barriers Plus” means Barriers Plus Pty Ltd (as Trustee for Yaman Trust), its successors and assigns or any person acting on behalf of and with the authority of Barriers Plus Pty Ltd (as Trustee for Yaman Trust).
1.2 “Client” means the person/s purchasing Services, hiring Equipment, or hiring Labour (each as applicable) as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
1.3 “Services” means all Services supplied by Barriers Plus to the Client at the Client’s request from time to time (where the context so permits the terms ‘Equipment’ or ‘Services’ shall be interchangeable for the other, for the purposes of this agreement where the context so permits ‘Services’ shall also include the supply of ‘Labour’).
1.4 “Equipment” means all Equipment including any accessories supplied on hire by Barriers Plus to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Barriers Plus to the Client.
1.5 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by Barriers Plus to the Client.
1.6 “Labour” or “Candidate” shall mean any individual sent by Barriers Plus to the Client for employment by the Client on a temporary, casual, or part time basis.
1.7 “Price” means the Price payable for the Services and/or Equipment/Labour hire as agreed between Barriers Plus and the Client in accordance with clause 4 below.
- Terms & Conditions of Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Services/Equipment.
2.2 These terms and conditions may only be amended with Barriers Plus’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Barriers Plus.
- Change in Control
3.1 The Client shall give Barriers Plus not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Barriers Plus as a result of the Client’s failure to comply with this clause.
- Price and Payment
4.1 At Barriers Plus’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Barriers Plus to the Client; or
(b) the Price as at the date of delivery of the Services/Equipment according to Barriers Plus’s current price list; or
(c) Barriers Plus’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
4.2 Barriers Plus reserves the right to change the Price if a variation to Barriers Plus’s quotation is requested, or in the event of increases to Barriers Plus in the cost of labour or materials which are beyond Barriers Plus’s control.
4.3 Time for payment for the Services/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by Barriers Plus, which may be:
(a) before delivery of the Services/Equipment; or
(b) on delivery of the Services/Equipment; or
(c) by way of instalments/progress payments in accordance with Barriers Plus’s payment schedule;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice given to the Client by Barriers Plus.
4.4 Payment may be made by bank cheque, electronic/on-line banking, Credit Card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by any other method as agreed to between the Client and Barriers Plus.
4.5 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Barriers Plus an amount equal to any GST Barriers Plus must pay for any supply of Services/Equipment by Barriers Plus under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
4.6 The Client acknowledges and agrees that the Client’s obligations to Barriers Plus for the supply of Services/Equipment shall not cease until:
(a) the Client has paid Barriers Plus all amounts owing for the particular Services/Equipment hire; and
(b) the Client has met all other obligations due by the Client to Barriers Plus in respect of all contracts between Barriers Plus and the Client.
4.7 Receipt by Barriers Plus of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Barriers Plus’s ownership or rights in respect of the Services, and this agreement, shall continue.
- Delivery Terms and Conditions
5.1 Delivery (“Delivery”) of the Services/Equipment is taken to occur at the time that:
(a) the Client or the Client’s nominated carrier takes possession of the Services/Equipment at Barriers Plus’s address; or
(b) Barriers Plus (or Barriers Plus’s nominated carrier) delivers the Services/Equipment to the Client’s nominated address even if the Client is not present at the address.
5.2 At Barriers Plus’s sole discretion, the cost of delivery is in addition to the Price.
5.3 The Client must take delivery by receipt of the Services/Equipment whenever either is tendered for delivery. In the event that the Client is unable to take delivery of the Services/Equipment as arranged then Barriers Plus shall be entitled to charge a reasonable fee for redelivery of the Services/Equipment.
5.4 Any time or date given by Barriers Plus to the Client is an estimate only. The Client must still accept delivery of the Services/Equipment even if late and Barriers Plus will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
6.1 The Equipment is and will at all times remain the absolute property of Barriers Plus.
6.2 If the Client fails to return the Equipment to Barriers Plus when requested then Barriers Plus or Barriers Plus’s nominated agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused.
6.3 The Client is not authorised to pledge Barriers Plus’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.
- Personal Property Securities Act 2009 (“PPSA”)
7.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
7.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in:
(a) all Equipment that has previously been supplied and that will be supplied in the future by Barriers Plus to the Client; and/or
(b) all collateral (account), being a monetary obligation of the Client for Services that have previously been provided, and that will be provided in the future, by Barriers Plus for the Client.
7.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Barriers Plus may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 7.3(a)(i) or 7.3(a)(ii);
(b) indemnify, and upon demand reimburse, Barriers Plus for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Equipment (or charge over collateral) charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Barriers Plus;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment and/or collateral in favour of a third party without the prior written consent of Barriers Plus.
7.4 Barriers Plus and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
7.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
7.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
7.7 Unless otherwise agreed to in writing by Barriers Plus, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
7.8 The Client must unconditionally ratify any actions taken by Barriers Plus under clauses 7.3 to 7.5.
7.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
7.10 Only to the extent that the hire of the Equipment exceeds a twelve (12) month contract term (or a six (6) month contract term with the right of renewal), shall this clause apply, and this agreement a security agreement for the purposes of PPSA generally, and in particular Section 20.
- Security and Charge
8.1 In consideration of Barriers Plus agreeing to supply the Services/Equipment, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
8.2 The Client indemnifies Barriers Plus from and against all Barriers Plus’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Barriers Plus’s rights under this clause.
8.3 The Client irrevocably appoints Barriers Plus and each director of Barriers Plus as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 8 including, but not limited to, signing any document on the Client’s behalf.
- Errors and Omissions, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
9.1 The Client must inspect the Services/Equipment on delivery and must within twenty-four (24) hours of delivery notify Barriers Plus in writing of any evident defect/damage, error or omission, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Services/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Barriers Plus to inspect the Services/Equipment.
9.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
9.3 Barriers Plus acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
9.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Barriers Plus makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Services/Equipment. Barriers Plus’s liability in respect of these warranties is limited to the fullest extent permitted by law.
9.5 If the Client is a consumer within the meaning of the CCA, Barriers Plus’s liability is limited to the extent permitted by section 64A of Schedule 2.
9.6 If Barriers Plus is required to rectify, re-supply, or pay the cost of re-supplying any Services/Equipment under this clause or the CCA, but is unable to do so, then Barriers Plus may refund any money the Client has paid for the Services/Equipment but only to the extent that such refund shall take into account the value of Services/Equipment which have been provided to the Client which were not defective.
9.7 Notwithstanding anything contained in this clause if Barriers Plus is required by a law to accept a return then Barriers Plus will only accept a return on the conditions imposed by that law.
- Default and Consequences of Default
10.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Barriers Plus’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
10.2 If the Client owes Barriers Plus any money the Client shall indemnify Barriers Plus from and against all costs and disbursements incurred by Barriers Plus in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Barriers Plus’s contract default fees, and bank dishonour fees).
10.3 Without prejudice to any other remedies Barriers Plus may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Barriers Plus may suspend or terminate the supply of Services/Equipment to the Client. Barriers Plus will not be liable to the Client for any loss or damage the Client suffers because Barriers Plus has exercised its rights under this clause.
10.4 Without prejudice to Barriers Plus’s other remedies at law Barriers Plus shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Barriers Plus shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Barriers Plus becomes overdue, or in Barriers Plus’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
11.1 Barriers Plus may cancel any contract to which these terms and conditions apply or cancel delivery of the Services/Equipment at any time before the Services/Equipment are delivered by giving written notice to the Client. On giving such notice Barriers Plus shall repay to the Client any money paid by the Client for the Services/Equipment. Barriers Plus shall not be liable for any loss or damage whatsoever arising from such cancellation.
11.2 In the event that the Client cancels delivery of Services/Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by Barriers Plus as a direct result of the cancellation (including, but not limited to, any loss of profits).
- Privacy Act 1988
12.1 The Client agrees for Barriers Plus to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Barriers Plus.
12.2 The Client agrees that Barriers Plus may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client.
The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
12.3 The Client consents to Barriers Plus being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
12.4 The Client agrees that personal credit information provided may be used and retained by Barriers Plus for the following purposes (and for other purposes as shall be agreed between the Client and Barriers Plus or required by law from time to time):
(a) the provision of Services/Equipment; and/or
(b) the marketing of Services/Equipment by Barriers Plus, its Barriers Pluss or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services/Equipment; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services/Equipment.
12.5 Barriers Plus may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
12.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that Barriers Plus is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of Barriers Plus, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by Barriers Plus has been paid or otherwise discharged.
13.1 Barriers Plus and the Client agree to keep confidential any information in relation to the other party which is not in the public domain (including, but not limited to, trade secrets, processes, formulae, accounts, marketing, designs, databases and all other information held in any form).
- General Terms and Conditions
14.1 The failure by Barriers Plus to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Barriers Plus’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state in which Barriers Plus has its principal place of business, and are subject to the jurisdiction of the courts in that state.
14.3 Subject to clause 9 Barriers Plus shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Barriers Plus of these terms and conditions (alternatively Barriers Plus’s liability shall be limited to damages which under no circumstances shall exceed the Price).
14.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Barriers Plus nor to withhold payment of any invoice because part of that invoice is in dispute.
14.5 Barriers Plus may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
14.6 The Client agrees that Barriers Plus may amend these terms and conditions at any time. If Barriers Plus makes a change to these terms and conditions, then that change will take effect from the date on which Barriers Plus notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Barriers Plus to supply Services/Equipment to the Client.
14.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
14.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
Terms and Conditions – Applicable to Equipment Hire Only
- Hire Period
15.1 Hire charges shall commence from the time the Equipment is collected by the Client from Barriers Plus’s premises and will continue until the return of the Equipment to Barriers Plus’s premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.
15.2 The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.
15.3 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless Barriers Plus confirms special prior arrangements in writing. In the event of Equipment breakdown provided the Client notifies Barriers Plus immediately, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Client.
- Risk to Equipment
16.1 Barriers Plus retains property in the Equipment, nonetheless all risk for the Equipment passes to the Client on delivery.
16.2 The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies Barriers Plus for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.
16.3 The Client will insure, or self insure, Barriers Plus’s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
16.4 The Client accepts full responsibility for and shall keep Barriers Plus indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons.
- Client’s Responsibilities
17.1 The Client shall:
(a) maintain the Equipment as is required by Barriers Plus (including, but not limited to, maintaining water, oil and fluid levels and tyre pressures);
(b) notify Barriers Plus immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification;
(c) satisfy itself at commencement that the Equipment is suitable for its purposes;
(d) operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by Barriers Plus or posted on the Equipment;
(e) ensure that all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to Barriers Plus upon request;
(f) comply with all occupational health and safety laws relating to the Equipment and its operation;
(g) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Barriers Plus;
(h) keep the Equipment in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Equipment;
(i) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
(j) employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;
(k) not exceed the recommended or legal load and capacity limits of the Equipment;
(l) not use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
(m) not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold;
17.2 Immediately on request by Barriers Plus the Client will pay:
(a) the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Barriers Plus;
(b) all costs incurred in cleaning the Equipment;
(c) all costs of repairing any damage caused by the ordinary use of the Equipment up to an amount equal to ten percent (10%) of the new list price of the Equipment;
(d) the cost of repairing any damage to the Equipment caused by the negligence of the Client or the Client’s Barriers Plus;
(e) any lost hire fees Barriers Plus would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;
(f) the cost of repairing any damage to the Equipment caused by vandalism, or (in Barriers Plus’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client;
(g) the cost of fuels and consumables provided by Barriers Plus and used by the Client.
Terms and Conditions – Applicable to Labour Hire Only
18.1 Barriers Plus undertakes to:
(a) use its best endeavours to provide suitably qualified Candidates to undertake work duties in compliance with the Client’s requirements; and
(b) make the payment of all amounts due to the Candidate under the terms of any relevant industrial instrument or contract; and
(c) make the payment of all leave entitlements (including, but not limited to, annual leave, sick leave, parental leave and long service leave) if the Candidate is a fulltime employee; and
(d) deduct the requisite amounts of income tax, fringe benefits tax, pay roll tax and all other applicable deductions as required by Australian law; and
(e) ensure payment of any other statutory taxes, superannuation contributions and/or levies as required by Australian law; and
(f) maintain workers compensation insurance for all Candidates, except where state laws specify otherwise.
18.2 Barriers Plus’s quotation shall specify:
(a) the Services to be provided by each Candidate;
(b) the job description of each Candidate;
(c) the commencement and termination dates of the Services;
(d) the location where Services shall be performed;
(e) the Price payable by the Client for the Services.
18.3 Barriers Plus must be advised by the Client of any specific site or project allowances which may be applicable. All such allowances (including, but not limited to, meal, travel or tool allowances) shall be on-charged to the Client accordingly.
18.4 The Client acknowledges that only lunch breaks shall be deducted from total hours charged by Barriers Plus to the Client.
18.5 The Client acknowledges and agrees that the Client’s obligations to Barriers Plus for the supply of Services shall not cease until:
(a) the Client has paid Barriers Plus all amounts owing for the particular Services; and
(b) the Client has met all other obligations due by the Client to Barriers Plus in respect of all contracts between Barriers Plus and the Client.
- Client’s Responsibilities / Agreements
19.1 The Client agrees that they shall supply to Barriers Plus (on the day specified by Barriers Plus) a duly authorised timesheet to enable Barriers Plus to pay the Candidate when due.
19.2 It is the responsibility of the Client to:
(a) provide supervision of Candidates to ensure that work is carried out to a satisfactory standard; and
(b) provide Candidates with appropriate information, supervision and training to enable them to work safely; and
(c) provide Candidates with workplace specific and job specific induction if necessary. This induction is to be completed before the Candidate commences work with the Client; and
(d) familiarise the Candidate with the Client’s operations, facilities, policies and procedures, and properly inform Barriers Plus of any specific requirements of the job which the Candidate will be required to undertake; and
(e) provide safe working conditions and to comply with all statutory and other obligations that are applicable pursuant to Australian law (including but not limited to, Occupational Health and Safety legislation) applicable to employers and otherwise to treat Candidates as if they were employed by the Client; and
(f) effect and maintain insurance cover in respect of any claims which may be made against the Client by a Candidate that arises as a result of the Client’s occupation of premises, and otherwise in respect of any act or omission in respect of machinery, equipment or vehicle(s) used by the Candidate, and to indemnify Barriers Plus against any such claims; and
(g) properly maintain plant and equipment; and
(h) provide where a candidate may be required to ‘stand down’ because of adverse weather conditions a minimum ‘stand down’ payment of not less than four (4) hours per Candidate, unless an alternative minimum payment has been agreed between Barriers Plus and the Client in writing.
19.3 The Client agrees that it will not request a Candidate to engage in any works or use any equipment that a Candidate is unfamiliar with, or unqualified to use or perform, or have not received adequate training for.
19.4 The Client agrees that they will immediately notify Barriers Plus of any variation of duties given to a Candidate that may affect the remuneration payable to the Candidate or may involve additional risk to the Candidate.
19.5 The Client agrees that it will immediately notify Barriers Plus of any injury sustained by the Candidate.
19.6 The Client acknowledges that they remain responsible for controlling the manner, time and place in which the Candidate shall carry out their duties as assigned by the Client and that in doing so the Client shall be liable for all acts and omissions of the Candidate the same as they would be for any of their own employees.
19.7 In no circumstances shall Barriers Plus be liable for any personal injury resulting in injury or death, loss and/or damage or expense arising out of, or caused by, any act or omission of a Candidate whether or not any such act or omission is negligent, and the Client acknowledges and agrees to indemnify Barriers Plus against all such liability whether alleged or proved. The Client is to include all Candidates in the Client’s own public liability insurance cover.
19.8 If any event arises which is likely to lead to any dispute or claim, the Client must notify Barriers Plus of the same within thirty (30) days of the event. If the Client shall fail to comply with this provision then all Services provided by Barriers Plus shall be deemed to have been provided in accordance with these terms and conditions, and free from any disputes or claims.
19.9 The Client agrees that any working environment in which a Candidate is placed during the period of the engagement will comply with all applicable equal opportunity legislation or regulations. The Client agrees to immediately notify Barriers Plus if a Candidate is involved in a sexual harassment or discrimination claim during the performance of the Services.
19.10 The Client acknowledges that Barriers Plus makes no representation or guarantee that any Candidate will achieve a certain level of performance, achieve a certain outcome, solve a particular problem or attain a specific goal.
- Employees of Barriers Plus
20.1 The Client agrees not to employ, contract, subcontract or utilise in any way an employee or past employee of Barriers Plus (other than through Barriers Plus) for a period of no less than twelve (12) months after that employee’s last employment with Barriers Plus.
20.2 The Client agrees that if clause 20.1 is contravened Barriers Plus will be able to invoice the Client at its current hourly rate the hours that the employee has been employed, contracted, subcontracted or utilised in any way by the Client and agrees to pay said invoice in accordance with the standard payment terms contained in this Terms and Conditions contract.
End of Barriers Plus Terms and Conditions. Updated May 2021.