UNIVERSAL FIXED PRICE TENDER PACK, TERMS OF TRADE & SHORT-FORM SUBCONTRACT CONDITIONS
Applicable to All Contractors & Businesses
(ANZSMM 2022)
IMPORTANT – DEEMED ACCEPTANCE & SUPERSEDING TERMS (NO SIGNATURE REQUIRED)
Submission of a quotation or tender constitutes automatic, unconditional, and irrevocable acceptance of all terms, conditions, and requirements contained in this document, the Invitation to Tender, and any accompanying documentation.
These Terms and Conditions expressly SUPERSEDE and PREVAIL OVER any contractor or tenderer terms of trade, conditions, or agreements, whether written or verbal.
1. DEFINITIONS
Principal means the party issuing the Invitation to Tender or engaging the Contractor.
Contractor means any individual, sole trader, partnership, company, or business submitting a quotation or tender.
Works means all labour, materials, services, and obligations required to complete the scope.
Main Contract Value means the total GST inclusive value of the accepted contract.
2. SCOPE OF WORKS
The Contractor is deemed to have fully examined and understood the Works.
All work required to complete the Works fully, safely, and compliantly is deemed included whether expressly stated or not.
3. METHOD OF MEASUREMENT
All quantities and pricing shall comply with the Australian and New Zealand Standard Method of Measurement (ANZSMM) 2022.
Errors or omissions in measurement or pricing are deemed included in the fixed price.
4. MANDATORY SITE INSPECTION
A site inspection is mandatory.
No claims will be accepted for matters reasonably discoverable by inspection.
5. LUMP SUM FIXED PRICE
The price is a true lump sum fixed price inclusive of all costs.
No adjustment shall be permitted for errors, assumptions, access, sequencing, or normal weather conditions.
6. NO ADDITIONAL FEES
No call-out, travel, vehicle, fuel, attendance, administration, or similar fees are permitted.
7. NO DAYWORKS / TIME-BASED CHARGES
Dayworks, time-and-materials, cost-plus, or hourly charges are excluded.
8. VARIATIONS
Variations are payable only if approved in writing by the Principal prior to work proceeding.
No variation applies to foreseeable or completeness-related work.
9. PAYMENT, INVOICING & SET-OFF
Invoices must reflect only the fixed price or approved variations.
The Principal may reject non-compliant invoices and may set off any costs, defects, delays, or losses.
10. RETENTIONS
The Principal may deduct retention of up to 10 percent of the contract value.
11. DEFECTS LIABILITY
The defects liability period shall be 12 months from practical completion.
The Contractor must rectify defects promptly at its own cost.
12. LIQUIDATED DAMAGES (NZ STANDARD)
If the Contractor fails to achieve completion by the agreed completion date, the Contractor shall be liable to pay liquidated damages calculated at:
ZERO POINT ONE PERCENT (0.1%) PER DAY
of the GST inclusive Main Contract Value for each calendar day (or part thereof) the Works remain incomplete.
Liquidated damages are a genuine pre-estimate of the Principal’s loss and are capped at a maximum of TEN PERCENT (10%) of the GST inclusive Main Contract Value.
Liquidated damages may be deducted from any monies otherwise payable and do not limit any other rights or remedies available to the Principal.
13. LATENT CONDITIONS
All risks relating to existing conditions are included unless proven latent and undiscoverable.
Burden of proof rests with the Contractor.
14. PROGRAMME & DELAYS
No extensions or additional costs for access, coordination, resourcing, or typical weather.
15. ESCALATION
No escalation or price increases are permitted.
16. HEALTH & SAFETY COMPLIANCE
The Contractor shall comply with all Health and Safety laws and provide a site-specific Health and Safety Plan.
The Principal may suspend work for non-compliance without liability.
17. PUBLIC LIABILITY INSURANCE
The Contractor must hold current Public Liability Insurance and provide evidence prior to project commitment.
18. WORKING AT HEIGHTS
Where applicable, working-at-height compliance, training, and protection are mandatory and deemed included.
19. LICENSING & LBP REQUIREMENTS
Where required, current LBP or licensing evidence must be provided prior to project commitment.
20. TERMINATION
The Principal may terminate for convenience or breach.
No entitlement to loss of profit or consequential damages.
21. INDEMNITY & LIABILITY
The Contractor indemnifies the Principal against all claims, losses, or damages arising from the Works.
22. DISPUTE RESOLUTION & COSTS
Disputes shall be negotiated in good faith, then resolved via mediation or court at the Principal’s election.
The Contractor shall be liable for recovery and legal costs to the extent permitted by law.
23. GOVERNING LAW
New Zealand law applies for NZ works; Australian law applies for AU works.
24. ENTIRE AGREEMENT
This document constitutes the entire agreement and has priority over all other documents.