Contractor Appointment Form

AGENCY:

NAME:
Totally Rentals Townsville
ADDRESS: 12 nugent

SUBURB: kirwan STATE: QLD POSTCODE: 4817

PHONE: MOBILE: FAX: EMAIL:

1800736867 0455941211 raymond@rentalsnq.com.au

hereby appoints, on behalf of an undisclosed lessor,

CONTRACTOR:

ß IMPORTANT: seek legal advice if seeking to appoint an individual or entity without an A.C.N.
NAME:

ADDRESS:

SUBURB: STATE: POSTCODE:

PHONE: MOBILE: FAX: EMAIL:

ACN/ABN:

IN THE CAPACITY OF:

"Electrician/Plumber/Carpenter/Cleaner/Pool Safety Inspector/Builder" etc – “The Contractor”

LICENSE/PERMIT NO: ISSUED BY: EXPIRY:

as a qualified contractor to carry out repairs and maintenance as authorised in writing by the Agent from time to time.
The Contractor will carry out and complete the work separately identified in a Work Order in the approved form between
the parties (Work) and all of its obligations under this Agreement in accordance with the terms and conditions of this Agreement.

MUST BE COMPLETED:

Contractor’s Work Cover Queensland Policy No. Expiry Date

Contractor’s Professional Indemnity Insurance Underwriter and Policy No.
Expiry Date
Contractor’s Public Liability Insurance Company and Policy No.
Expiry Date

Title of applicable Work Method Statements: ß MUST BE COMPLETED

SIGNATURES:

Contractor’s Signature: Date:

Agent's Signature: Date:

INITIALS
000009290087
PERFORMANCE AND PAYMENT
1. The Contractor will provide a written quotation for the cost of the 7. ACCESS TO RESIDENTIAL PREMISES
Work if requested by the Agent and will:
All access will be arranged as necessary in accordance with the
(a) not commence the Work or incur any costs until authorised in
provisions of the Residential Tenancies and Rooming Accommodation Act
writing by the Agent to commence the Work;
2008 (Qld) to enable completion of the Work. It will be the responsibility of
(b) perform the Work in compliance with all applicable laws and
the Contractor to return keys the same day and/or to contact the tenant for
standards;
access if keys are not available.
(c) perform the Work in the manner and to the standard to be
expected of a reasonably competent contractor;
8. PROTECTION OF PEOPLE AND PROPERTY
(d) supply all materials necessary for the proper performance of the
Contractor’s obligations under this Agreement; The Contractor will:
(e) use materials which comply with the requirements for the Work (a) take all reasonable measures necessary to protect people and
and which are of good quality, fit for the purpose for which they property in reasonable proximity to the Work and to protect and
are used and which are new, unless expressly agreed maintain public utilities and services in the vicinity of the Work
otherwise; (including but not limited to roads, paving, drains, mains, and other
(f) provide all suitably skilled, experienced and, where necessary, similar infrastructure and existing improvements);
licensed labour, plant and equipment necessary for the proper (b) take all reasonable measures to ensure the performance of the
performance of the Work and the Contractor's obligations under Work does not cause unreasonable nuisance, noise or
this Agreement; disturbance; and will pay any damages, fines and costs arising
(g) issue a Work Order in the approved form where the Work relates from any damage or breach of this clause; and
to Domestic Building Works as defined under the Domestic (c) indemnify and keep indemnified the Agent and lessor against any
Building Contracts Act 2000 (Qld) in excess of $3,300.00 in value; loss, damage or expense the Agent or lessor suffers or may
(h) issue a Work Order in the approved form where the Work relates suffer as a result of the Contractor breaching its obligations
to non-domestic building works in excess of $1,100.00 in value; under this Agreement.
and
(i) ensure all workers engaged by or through the Contractor 9. CARE AND PROTECTION OF WORK
(including the employees of contractors) to carry out the Work,
are engaged in accordance with legislative requirements. The Contractor will:
(a) be responsible for the care of all plant, materials and equipment
2. The Contractor: involved in the Work, including unfixed and installed materials;
(a) will supply at the Contractor's cost and expense, everything (b) provide proper packaging to prevent damage to materials being
necessary for the performance of the Work; delivered for the Work and will be responsible for all rectification
(b) will provide the Agent with a detailed invoice for the Work once costs arising from any loss or damage suffered as a
completed; and consequence of the Contractor’s failure to comply with this
(c) acknowledges that the Agent is contracting the Contractor as an requirement;
agent for one or more lessors and that the Agent accepts no (c) ensure that the site of the Work is adequately protected and
liability to pay the Contractor for any work performed and that the secured at all times and will assume full responsibility for the site
liability for payment rests solely with the relevant lessor. until practical completion;
(d) bear the risk and make good any loss or damage to the Work site
3. (a) Subject to paragraph (b) below, the Agent will pay the while in the Contractor's care; and,
Contractor, on behalf of the relevant lessor, as rent received (e) otherwise protect the property of the Agent and the Lessor.
allows or from monies received from the lessor for the Work; and
(b) With respect to construction works or related goods and
services supplied within Queensland to which the Building and 10. CONTRACTOR'S INDEMNITY TO AGENT AND LESSOR
Construction Industry Payments Act 2004 (Qld) (BCIP Act) The Contractor will indemnify the Agent and Lessor against any liability
applies: which arises directly or indirectly out of or in connection with the
(i) the date for issuing an invoice or payment claim under the Contractor's performance or non-performance of the Work, except
BCIP Act is the last day of the month in which the liability caused by negligence on the part of the Agent or the Lessor.
construction work or related goods and services
commenced or were supplied; and
11. WARRANTIES
(ii) the due date for payment is fifteen (15) business days
after receipt of the payment claim; and The Contractor warrants to the Agent that it:
(iii) The Contractor agrees not to dispute the validity of a (a) at all times will be suitably qualified and experienced, and
payment schedule issued under the BCIP Act or its terms on will exercise due skill, care and diligence in the execution
the ground that it has been produced and served by the and completion of the Work;
Agent. (b) is satisfied that it is able to comply with the terms of this
Agreement in the carrying out of the Work;
4. VARIATIONS (c) will execute and complete the Work in accordance with
this Agreement and any Work Order so that the Work,
The Work may be varied only with the specific prior written consent of when completed will:
the Agent or its Lessor client. (i) be fit and suitable for its intended purpose; and
(ii) comply with the requirements of this Agreement and
5. DEFECTS AFTER COMPLETION all legislative requirements; and
The Contractor will make good promptly any defects or omissions in the (d) will maintain current licences, permits, certifications and
Work which become apparent without cost to the Agent or Lessor. authorities as required by the Queensland Building and
Construction Commission Act 1991 (Qld) or other
6. WORKPLACE HEALTH AND SAFETY legislative requirements necessary for the Contractor to
lawfully carry out the Work.
The Contractor and its employees and contractors will comply with all
applicable requirements of the Work Health and Safety Act 2011 (Cth).

INITIALS
000009290087
12. CONFIDENTIALITY 13. CONTRACTOR TO EFFECT INSURANCES
The Contractor will not at any time, use, other than for the purpose of The Contractor will effect, maintain and provide proof (as required) of all
providing services under this Agreement, or disclose to third parties, insurances required to comply with the Worker's Compensation and
any confidential information about the Agent and any relevant tenants Rehabilitation Act 2003 (Qld), the Queensland Building and Construction
and lessors, without the Agent's prior written consent or unless Commission Act 1991 (Qld) and the Building Act 1975 (Qld).
required by law. The Contractor will only use, store and disclose The effecting of insurance will not limit the liabilities or obligations of the
personal information (as that term is defined under the Privacy Act 1988 Contractor under the provisions of this Agreement.
(Cth)) about the lessor, Agent or Tenant provided to the Contractor The Contractor expressly agrees and acknowledges that neither the
during the course of this Agreement, in accordance with the Privacy Act Agent nor the lessor are liable for any superannuation or workers’
1988 (Cth). compensation contributions on behalf of the Contractor, its employees
or contractors.

INITIALS
000009290087