Flooring Installation Services
This agreement ("Agreement") is entered into between Alpha Flooring Group Pty Ltd ("Company") and the flooring installation team ("Contractor"). By engaging in any flooring installation project with the Company, the Contractor agrees to be bound by the terms and conditions outlined herein.

1. Scope of Work:
1.1 The Contractor shall provide flooring installation services as specified by the Company, including but not limited to:

1.1.1 Removal and disposal of existing flooring materials, if applicable. The Contractor shall ensure proper disposal methods in compliance with local regulations.

1.1.2 Preparation of the subfloor, including levelling, moisture testing, and repairs, as necessary, to ensure a suitable foundation for the new flooring materials.

1.1.3 Installation of new flooring materials, such as hardwood, laminate, tile, carpet, or vinyl, according to the Company's specifications and industry standards. The Contractor shall ensure proper installation techniques and attention to detail.

1.1.4 Application of appropriate adhesives, underlayment, or soundproofing materials, as required, in accordance with manufacturer guidelines and industry best practices.

1.1.5 Integration of floor accessories, including baseboards, transitions, and mouldings, to ensure a finished look that aligns with the Company's design requirements.

1.1.6 Post-installation cleanup includes removing debris and ensuring the work area is left clean and orderly.

1.2 The Contractor shall ensure that all work is completed within the agreed-upon timeline. If delays or unforeseen circumstances impact the project timeline, the Contractor shall promptly notify the Company and propose a revised work schedule. The following provisions shall apply:

1.2.1 The Contractor shall diligently and expeditiously perform the flooring installation services in accordance with the project schedule agreed upon by both parties. Any deviations from the schedule must be communicated to the Company in writing, providing the reasons for the delay and a revised timeline for completion.

1.2.2 If the Contractor anticipates or becomes aware of any circumstances that may cause a delay or hinder the progress of the project, such as unavailability of materials, equipment breakdowns, or labour shortages, the Contractor shall immediately notify the Company in writing, providing all relevant details and proposing appropriate solutions to mitigate the impact on the project timeline.

1.2.3 The Contractor shall exercise reasonable efforts to minimise and rectify any delays promptly. This may include but is not limited to, working extended hours, adding additional workforce, or sourcing alternative materials to expedite project completion. Any additional costs incurred due to such measures shall be subject to prior approval from the Company.

1.2.4 If the Contractor fails to meet the agreed-upon project timeline without reasonable cause or proper notification, the Contractor may be liable for any resulting damages or losses suffered by the Company, including but not limited to additional costs, penalties, or reputational damage.

1.2.5 In the event that the project timeline needs to be revised due to circumstances beyond the Contractor's control, such as unforeseen site conditions or force majeure events, the Contractor shall promptly notify the Company and collaborate in good faith to adjust the project schedule. The revised timeline shall be documented in writing and mutually agreed upon by both parties.

1.2.6 The Company reserves the right to assess liquidated damages or other remedies if the Contractor fails to complete the project within the agreed-upon timeline, as specified in the separate agreement or work order. If applicable, the amount of liquidated damages shall be predetermined and specified in writing.

1.2.7 If the delay in project completion is caused by the Company's actions or inactions, such as the late provision of necessary materials or access to the project site, the project timeline shall be reasonably adjusted, and the Contractor shall not be held responsible for the resulting delay.

1.2.8 In the event of a delay or potential delay, both parties shall maintain open and transparent communication to address any concerns or challenges promptly. They shall work together to find appropriate solutions and minimise the impact on the project timeline and overall project success.

1.2.9 The revised project schedule, if any, shall be documented in writing and become an integral part of this Agreement. Any modifications to the project timeline must be agreed upon and acknowledged by both parties in writing.

1.3 The Contractor shall comply with applicable building codes, permits, and regulations governing flooring installation within the designated area. The Contractor shall obtain all necessary permits and licenses to perform the flooring installation services. The following provisions shall apply:

1.3.1 The Contractor shall familiarise themselves with the local building codes, regulations, and permit requirements applicable to the project site. It is the Contractor's responsibility to ensure compliance with these regulations throughout the duration of the project.

1.3.2 Before commencing any work, the Contractor shall obtain all necessary permits, licenses, and approvals required by the local authorities or relevant governing bodies. This includes, but is not limited to, building permits, zoning permits, environmental permits, or any other permits specific to the flooring installation trade.

1.3.3 The Contractor shall provide proof of all required permits and licenses to the Company before starting the project. The Company reserves the right to request copies of the permits and licenses for their records.

1.3.4 The Contractor shall ensure that all work is carried out strictly with the approved permits, building codes, and regulations. The Contractor shall promptly address any non-compliance issues identified by the local authorities or relevant governing bodies.

1.3.5 The Contractor shall be responsible for any penalties, fines, or legal consequences resulting from non-compliance with applicable building codes, permits, or regulations. The Contractor shall indemnify and hold harmless the Company against any claims or liabilities arising from such non-compliance.

1.3.6 If any changes or modifications to the project scope or design require additional permits or approvals, the Contractor shall promptly notify the Company and assist in obtaining the necessary permits or approvals. The additional costs or delays associated with obtaining these permits shall be the responsibility of the Contractor, subject to prior approval by the Company.

1.3.7 The Contractor shall maintain records of all permits, licenses, and approvals obtained for the project's duration and provide copies to the Company upon request.

1.4 The Contractor shall provide qualified and trained personnel to perform the flooring installation services. The following provisions shall apply:

1.4.1 The Contractor shall ensure that all workers assigned to the project have the necessary skills, qualifications, and experience to perform the required flooring installation tasks. The Contractor shall conduct background checks, verify certifications, and assess the competence of their workers before assigning them to the project.

1.4.2 The Contractor shall provide adequate training and supervision to their workers to ensure they know the proper installation techniques, safety protocols, and industry best practices. This includes but is not limited to training on handling and operating equipment, using personal protective equipment (PPE), and following safety guidelines.

1.4.3 The Contractor shall ensure that their workers know and comply with all applicable safety regulations, including those related to using hazardous materials, properly handling tools and equipment, and maintaining a safe work environment. The Contractor shall provide the necessary safety equipment and enforce safety practices on the project site.

1.4.4 The Contractor shall maintain a sufficient workforce to complete the project within the agreed-upon timeline. Suppose any worker absences or labour shortages may impact the project's progress. In that case, the Contractor shall promptly notify the Company and propose alternative solutions, such as providing substitute workers or adjusting the project schedule accordingly.

1.4.5 The Contractor shall ensure their workers professionally conduct themselves on the project site. This includes maintaining a respectful and cooperative attitude towards the Company's employees, subcontractors, clients, and others at the project site.

1.4.6 The Contractor shall be responsible for the conduct and actions of their workers. Any damage caused to the project site, neighbouring properties, or third-party assets due to negligence, carelessness, or misconduct of the Contractor's workers shall be the Contractor's responsibility, and they shall be liable for any resulting costs, damages, or claims.

1.4.7 The Contractor shall promptly address any concerns or complaints the Company raises regarding their workers' performance, behaviour, or work quality. The Contractor shall take appropriate corrective actions, which may include replacing workers if necessary, to ensure the smooth progress of the project and maintain a satisfactory working relationship with the Company.

1.5 The Contractor shall maintain open and timely communication with the Company throughout the project. The following provisions shall apply:

1.5.1 The Contractor shall designate a primary point of contact responsible for communicating with the Company's representative regarding the project. The designated contact person shall be available during regular business hours and accessible via email or phone for prompt communication.

1.5.2 The Contractor shall provide regular progress updates to the Company, including written reports or verbal updates as agreed upon by both parties. These updates shall include details about the work completed, any challenges or issues encountered, and the projected timeline for future tasks.

1.5.3 The Contractor shall promptly notify the Company of any significant developments, changes, or incidents that may affect the project, including but not limited to design modifications, material substitutions, or unexpected delays. This notification shall be in writing and provide sufficient information for the Company to assess the impact and make informed decisions.

1.5.4 The Contractor shall respond to any inquiries, requests for information, or clarifications from the Company in a timely manner. The Contractor shall make every effort to address the Company's concerns or questions promptly and provide accurate and complete information.

1.5.5 The Contractor shall promptly communicate any proposed project scope, timeline, or budget changes to the Company for review and approval. The Contractor shall only proceed with any changes with the Company's written consent, except in cases of emergency where immediate action is necessary to ensure the safety of personnel or protect the project site.

1.5.6 The Contractor shall promptly inform the Company of any deviations from the project specifications or quality standards, including any variations in materials, finishes, or workmanship. The Contractor shall obtain written approval from the Company before proceeding with any deviations unless otherwise agreed upon.

1.5.7 The Contractor shall maintain a professional and cooperative attitude when communicating with the Company's representatives, subcontractors, or other individuals involved in the project. Any disputes or disagreements shall be handled constructively, with the aim of finding mutually acceptable resolutions.

1.5.8 The Contractor shall document all significant communications, instructions, or decisions related to the project and maintain a record of such documentation. This includes meeting minutes, change orders, email correspondences, or any other written communications between the Contractor and the Company.

1.6 The Contractor shall maintain a safe and clean work environment throughout the project. The following provisions shall apply:

1.6.1 The Contractor shall comply with all applicable health and safety regulations, codes, and standards to ensure the safety and well-being of their workers, the Company's employees, subcontractors, and any other individuals present at the project site. This includes but is not limited to following proper safety protocols, providing necessary safety equipment, and conducting regular safety inspections.

1.6.2 The Contractor shall establish and enforce safety policies and procedures for their workers, which shall be communicated and understood by all working on the project. These policies shall address hazards specific to flooring installation, such as handling of sharp tools, proper use of adhesives and chemicals, and precautions for working at heights.

1.6.3 The Contractor shall ensure their workers are trained in first aid and emergency response procedures. Adequate first aid kits and emergency equipment shall be readily available at the project site, and workers shall be aware of their locations and usage.

1.6.4 The Contractor shall maintain a clean and organised work area, free from debris, hazardous materials, or any conditions that may pose a risk to safety or impede the progress of the project. Waste materials, packaging, and unused materials shall be properly disposed of in accordance with applicable environmental regulations.

1.6.5 The Contractor shall take appropriate measures to protect the project site and surrounding areas from damage during the flooring installation. This includes using protective coverings, barriers, or other suitable methods to prevent accidental spills, scratches, or other damage to existing structures, fixtures, or finishes.

1.6.6 The Contractor shall promptly address any safety concerns or hazards identified by the Company's representatives or regulatory authorities. The Contractor shall take immediate corrective actions to mitigate the identified risks and prevent potential accidents or injuries.

1.6.7 The Contractor shall report any accidents, injuries, or near-miss incidents that occur on the project site to the Company's designated representative. The Contractor shall cooperate fully in any investigations conducted by the Company or relevant authorities and assist in implementing corrective measures to prevent recurrence.

1.6.8 The Contractor shall be responsible for any damages, injuries, or liabilities resulting from their failure to comply with safety regulations or maintain a safe work environment. The Contractor shall indemnify and hold harmless the Company against any claims or losses arising from such failures.

1.7 The Contractor shall maintain the confidentiality of all proprietary and confidential information disclosed by the Company. The following provisions shall apply:

1.7.1 The Contractor acknowledges that during the project, they may have access to confidential and proprietary information of the Company, including but not limited to trade secrets, customer lists, pricing information, business strategies, and any other non-public information disclosed by the Company.

1.7.2 The Contractor shall treat all confidential information as strictly confidential and shall not disclose, use, or reproduce such information for any purpose other than performing the obligations under this Agreement unless otherwise authorised in writing by the Company.

1.7.3 The Contractor shall take reasonable measures to protect the confidentiality of the Company's information, including implementing appropriate security measures, such as password protection, encryption, or physical safeguards, to prevent unauthorised access or disclosure.

1.7.4 The Contractor shall restrict access to the Company's confidential information to only those individuals who need to know for the purpose of fulfilling their responsibilities under this Agreement. The Contractor shall ensure that their employees, subcontractors, or any other third parties involved in the project are also bound by similar confidentiality obligations.

1.7.5 The Contractor shall not use the Company's confidential information for their own benefit or for the benefit of any third party, directly or indirectly, without the Company's express written consent.

1.7.6 Upon completion or termination of this Agreement, the Contractor shall promptly return to the Company or destroy all confidential information, including any copies or reproductions thereof, in their possession or control, unless otherwise agreed upon in writing by the Company.

1.7.7 The confidentiality obligations under this section shall survive the termination or expiration of this Agreement. They shall continue for a period of [insert duration, e.g., 2 years] from the date of termination or expiration.

1.7.8 The Contractor acknowledges that any breach of the confidentiality obligations outlined in this section may result in irreparable harm to the Company, for which monetary damages may not be an adequate remedy. In such cases, the Company shall be entitled to seek injunctive relief or other equitable remedies in addition to any other legal remedies available.

1.8 The Contractor shall carry adequate insurance coverage throughout the duration of the project. The following provisions shall apply:

1.8.1 The Contractor shall maintain general liability insurance with coverage limits that are reasonably acceptable to the Company. The insurance policy shall protect against claims for bodily injury, property damage, and personal injury arising from the Contractor's operations, products, or completed work.

1.8.2 The Contractor shall provide proof of insurance coverage to the Company before commencing any work. The proof of insurance shall include a certificate of insurance specifying the coverage limits, policy number, effective dates, and any applicable endorsements.

1.8.3 The Contractor shall ensure that the insurance policy remains in full force and effect for the entire duration of the project, including any warranty or maintenance periods. The Contractor shall promptly notify the Company in writing of any insurance policy changes, cancellations, or non-renewals.

1.8.4 The Contractor shall name the Company as an additional insured on the insurance policy, where permitted by the insurance carrier. The additional insured endorsement shall provide primary and non-contributory coverage to the Company and waive any subrogation rights against the Company.

1.8.5 The Contractor shall provide the Company with written notice of any claims or incidents that may give rise to a claim under the insurance policy. The Contractor shall cooperate fully with the Company and the insurance carrier to investigate and settle any claims.

1.8.6 The Contractor shall be solely responsible for any deductibles, self-insured retentions, or co-payments applicable to the insurance policy. The Contractor shall indemnify and hold harmless the Company from and against any claims, damages, liabilities, or expenses in excess of the insurance coverage limits.

1.8.7 The Contractor acknowledges that the insurance requirements specified in this section are minimum, and the Company may require higher limits or additional coverage as deemed necessary for the project. The Contractor shall comply with any reasonable insurance requirements imposed by the Company.
2. Duties and Obligations:
2.1 The Contractor's Duties:
2.1.1 The Contractor shall perform all flooring installation tasks professionally and workmanlike, employing skilled and qualified personnel with the necessary expertise and experience to complete the work.

2.1.2 The Contractor shall adhere to industry best practices and standards for flooring installation, including proper surface preparation, accurate measurements, and precise installation techniques.

2.1.3 The Contractor shall provide all necessary labour, equipment, tools, materials, and supplies required to complete the flooring installation unless otherwise agreed upon in writing by the Company.

2.1.4 The Contractor shall obtain all permits, licenses, and authorisations necessary for the lawful execution of the flooring installation project. The Contractor shall be responsible for complying with all applicable laws, regulations, and building codes governing the installation of flooring materials.

2.1.5 The Contractor shall coordinate with the Company and other subcontractors, if applicable, to ensure the timely and efficient completion of the flooring installation. The Contractor shall cooperate with other trades and follow the Company's scheduling requirements.

2.1.6 The Contractor shall protect the flooring materials and finished installations from damage during and after installation. This includes taking precautions to prevent scratches, stains, or other damage caused by the Contractor's personnel, equipment, or tools.

2.1.7 The Contractor shall promptly address any defects, deficiencies, or issues identified by the Company or the Company's representatives regarding the flooring installation. The Contractor shall be responsible for rectifying any such matters at their own expense within a reasonable timeframe.

2.1.8 The Contractor shall comply with any warranty or guarantee requirements specified by the flooring manufacturer or supplier, including proper installation techniques and maintenance procedures. The Contractor shall provide the Company with all necessary warranty documentation upon project completion.

2.2 The Company's Obligations:
2.2.1 The Company shall provide the Contractor access to the project site at the agreed-upon times to facilitate the flooring installation. The Company shall ensure that the site is reasonably prepared for the Contractor's work, including clearing the area of any obstacles or debris.

2.2.2 The Company shall provide the Contractor with any necessary information or specifications regarding the flooring materials, design requirements, or other project details in a timely manner. The Company shall cooperate with the Contractor and respond promptly to any requests for clarification or additional information.

2.2.3 The Company shall make timely payments to the Contractor in accordance with the payment terms specified in this Agreement.

2.2.4 The Company shall provide a designated representative who will serve as the primary point of contact for the Contractor throughout the project. The Company's representative shall communicate the Company's requirements, provide necessary approvals, and address any concerns or issues the Contractor raises.

2.2.5 The Company shall review and approve the Contractor's work promptly and provide feedback or instructions for any necessary corrections or modifications. The Company shall only unreasonably withhold or delay approvals if justified by legitimate concerns related to quality, compliance, or contractual requirements.

2.2.6 The Company shall comply with all payment obligations as specified in this Agreement, subject to the contractor's satisfactory completion of the flooring installation.

2.3 Tools and Equipment:
2.3.1 The Contractor shall provide all necessary tools and equipment required for the flooring installation process unless otherwise agreed upon in writing with the Company.

2.3.2 The Contractor shall ensure that all tools and equipment provided are in good working condition, properly maintained, and suitable for the project's specific requirements.

2.3.3 The Contractor shall procure, transport, and operate all tools and equipment necessary to complete the flooring installation. This includes but is not limited to, power tools, hand tools, measuring devices, safety equipment, and any specialised equipment specific to the installed flooring materials.

2.3.4 The Contractor shall ensure that all tools and equipment used during installation comply with applicable safety standards and regulations.

2.3.5 The Contractor shall bear any costs associated with the repair, replacement, or maintenance of tools and equipment required for the project unless otherwise agreed upon in writing by the Company.

2.3.6 The Contractor shall take reasonable precautions to safeguard all tools and equipment on the project site. The Contractor shall be solely responsible for any loss, theft, or damage to their tools and equipment during the flooring installation.

2.3.7 The Contractor shall not hold the Company liable for any loss, damage, or theft of tools and equipment used in the performance of the flooring installation work.

2.4 Compliance with Laws, Regulations, and Permits:
2.4.1 The Contractor shall comply with all applicable laws, regulations, codes, ordinances, and permits related to flooring installation services. This includes but is not limited to, local, state, and federal laws governing construction, safety, licensing, and environmental requirements.

2.4.2 The Contractor shall obtain and maintain all licenses, certifications, permits, and approvals required by law to perform flooring installation services. The Contractor shall provide the Company with valid and up-to-date documentation of such licenses or certifications upon request.

2.4.3 The Contractor shall be solely responsible for the costs associated with obtaining and renewing any necessary licenses or certifications unless otherwise agreed upon in writing by the Company.

2.4.4 The Contractor shall ensure that all personnel engaged in the flooring installation work are properly trained, qualified, and licensed, where required by law. The Contractor shall maintain employee qualifications and certifications records and provide them to the Company upon request.

2.4.5 The Contractor shall notify the Company promptly of any changes, suspensions, or revocations of licenses or certifications that may affect their ability to perform the flooring installation services. The Contractor shall take immediate action to rectify any non-compliance issues and provide proof of compliance to the Company.

2.4.6 The Contractor shall be responsible for any fines, penalties, or legal consequences resulting from non-compliance with applicable laws, regulations, or permits related to the flooring installation services.

2.4.7 The Contractor shall indemnify and hold the Company harmless against any claims, damages, liabilities, or expenses arising from the Contractor's failure to comply with applicable laws, regulations, or permits to the extent permitted by law.

2.5 Qualification of Personnel:
2.5.1 The Contractor shall provide qualified and trained personnel to perform the flooring installation services. The Contractor shall ensure that all workers assigned to the project have the necessary skills, training, and experience to carry out their assigned tasks.

2.5.2 The Contractor shall verify the qualifications and competence of their personnel through appropriate screening, testing, and certification processes. The Contractor shall maintain employee qualifications and certifications records and provide them to the Company upon request.

2.5.3 The Contractor shall ensure that their personnel are knowledgeable about and comply with industry best practices, safety regulations, and any specific requirements related to the flooring installation project.

2.5.4 The Contractor shall have a system to train and update their personnel on the latest techniques, materials, and technologies relevant to the flooring installation trade.

2.5.5 The Contractor shall promptly replace any personnel who must perform their assigned tasks adequately or do not meet the required qualifications at their own expense.

2.5.6 The Contractor shall bear full responsibility for the actions and conduct of their personnel while on the project site. The Contractor shall take necessary measures to ensure their personnel conduct themselves professionally and responsibly.

2.5.7 The Contractor shall indemnify and hold the Company harmless against any claims, damages, liabilities, or expenses arising from the acts or omissions of the Contractor's personnel to the extent permitted by law.

2.6 Communication:
2.6.1 The Contractor shall maintain open and timely communication with the Company throughout the duration of the project. The Contractor shall promptly respond to any inquiries, concerns, or requests for updates from the Company.

2.6.2 The Contractor shall designate a responsible representative who will serve as the primary point of contact for the Company. The Contractor's representative shall be readily accessible and available to communicate with the Company's designated representative.

2.6.3 The Contractor shall provide the Company with regular project updates, including progress reports, milestone achievements, and any changes or delays that may affect the project timeline or scope. Updates shall be provided in writing or through mutually agreed-upon communication channels.

2.6.4 The Contractor shall promptly address any concerns or issues the Company raises regarding the project. The Contractor shall take appropriate actions to resolve such concerns in a timely manner, keeping the Company informed of the progress and proposed solutions.

2.6.5 The Contractor shall notify the Company promptly of any unexpected circumstances, delays, or events that may impact the project schedule or cost. The Contractor shall work collaboratively with the Company to mitigate adverse effects and explore alternative solutions.

2.6.6 The Contractor shall maintain a professional and respectful communication approach when interacting with the Company. Any conflicts or disagreements shall be handled constructively, seeking resolution through open dialogue and negotiation.

2.6.7 The Contractor shall ensure that all communication with the Company is conducted clearly and concisely, using language that is easily understood by all parties involved.
3. Payment Terms and Charges:
3.1 Invoicing:

3.1.1 The Contractor shall submit detailed invoices to the Company for all completed flooring installation work, including a breakdown of charges, quantities, and applicable taxes.

3.1.2 Invoices shall be submitted within [insert number of days, e.g., 7] days from the completion of each phase or milestone of the flooring installation project or as otherwise agreed upon in writing by both parties.

3.1.3 The Contractor shall ensure the invoices are accurate, complete, and itemised to reflect the work performed, materials supplied, and any additional charges or expenses incurred.

3.1.4 The invoices shall include the following information:

3.1.4.1 Description of the completed flooring installation, including specific tasks, materials used, and relevant specifications.

3.1.4.2 Breakdown of charges, including labour costs, materials costs, overhead expenses, and any applicable taxes or fees.

3.1.4.3 Quantities of materials used, if applicable, along with unit prices.

3.1.4.4 Any change orders approved in writing by the Company, including the additional charges or adjustments related to the change order.

3.1.4.5 Date(s) when the work was performed and duration of the work if applicable.

3.1.4.6 Contact information for the Contractor, including address, phone number, and email.

3.1.5 The Contractor shall ensure the invoices are properly numbered and sequentially organised for easy reference and tracking.

3.1.6 The Company shall review the invoices within a reasonable timeframe and notify the Contractor promptly of any discrepancies or clarifications required.

3.1.7 The Contractor shall cooperate with the Company in providing any additional information or documentation requested to support the invoiced charges.

3.2 Payment Terms:

3.2.1 The Company shall review and verify the invoices within a reasonable timeframe, at most 15 days from receipt. The Company may request additional supporting documentation or clarification regarding the charges if necessary.

3.2.2 The Company shall pay the Contractor within 14 days from the invoice's approval date unless otherwise agreed upon in writing by both parties. Payment shall be made in the currency specified in this Agreement.

3.2.3 The Contractor shall provide the Company with the necessary bank account details or payment instructions to facilitate payment.

3.2.4 In the event of a dispute or disagreement regarding the charges or quality of the flooring installation work, the Company shall notify the Contractor in writing within [insert number of days, e.g., 10] days of receiving the invoice. The parties shall work together in good faith to resolve the dispute promptly.

3.2.5 The payment shall be made via [insert payment method, e.g., check, wire transfer, electronic funds transfer] to the Contractor's designated bank account as specified in writing.

3.2.6 The Company shall have the right to deduct any legitimate withholdings, such as taxes or government-mandated deductions, from the payment to the Contractor, as required by law.

3.2.7 In the event that the Contractor is entitled to receive multiple progress payments or instalment payments throughout the project, the Company shall make payments based on the agreed-upon schedule and milestones specified in this Agreement.

3.3 Taxes and Additional Charges:

3.3.1 The Contractor shall be responsible for any applicable taxes, duties, or fees associated with the flooring installation work unless otherwise agreed upon in writing by the Company.

3.3.2 The Contractor shall notify the Company before any additional charges or expenses arise during the project. Both parties shall document and agree upon such tasks in writing before they are incurred.

3.3.3 The Contractor shall not impose unauthorised charges or expenses on the Company without written consent.

3.3.4 The Contractor shall provide the Company with all necessary documentation and receipts for any additional charges or expenses incurred during the project, including but not limited to material costs, subcontractor fees, or permits/licenses fees.

3.3.5 If any changes in tax laws or regulations occur during the term of this Agreement, resulting in additional tax obligations for the Contractor, the Contractor shall bear such other tax liability unless otherwise required by applicable laws or mutually agreed upon in writing by both parties.

3.3.6 The Company reserves the right to request proof of payment or supporting documentation for any additional charges or expenses claimed by the Contractor.

3.4 Retention:

3.4.1 The Company may retain a portion of the payment due to the Contractor as retention, as security for properly completing the flooring installation work and any outstanding obligations under this Agreement.

3.4.2 The retention amount shall be 20% of the total contract value or $1000 (whichever is more) or as agreed upon in writing by both parties.

3.4.3 The retention amount shall be held by the Company until the completion of the flooring installation work and the fulfilment of all obligations under this Agreement, including any rectification or warranty periods.

3.4.4 The Contractor shall be entitled to request the release of the retention amount upon substantial completion of the flooring installation work, subject to the Company's satisfactory inspection and acceptance of the work performed.

3.4.5 The release of the retention amount shall be processed within [insert number of days, e.g., 30] days from the date of the Company's acceptance of the work, provided that there are no outstanding issues or deficiencies that require rectification or resolution.

3.4.6 In the event that the flooring installation work is not completed or there are outstanding issues or deficiencies, the Company may withhold the retention amount or a portion thereof until such problems are resolved to the Company's satisfaction.

3.4.7 The Contractor shall not use the retention amount as a substitute for proper performance or as a source of funds for other purposes unrelated to the flooring installation work.

3.4.8 Once all obligations under this Agreement have been fulfilled, including any rectification or warranty periods, and there are no outstanding disputes or claims, the Company shall release the remaining retention amount to the Contractor.

3.5 Change Orders:

3.5.1 If either party wishes to make changes to the scope of the flooring installation work, materials, or specifications, a Change Order shall be executed in writing by both parties.

3.5.2 The Change Order shall specify the nature of the change, the impact on the project timeline, any adjustments to the contract price, and any other relevant details.

3.5.3 The Contractor shall provide a detailed cost estimate for the proposed change, including any additional materials, labour, or expenses that may be required.

3.5.4 The Company shall review and approve the Change Order before the Contractor proceeds with the changed work.

3.5.5 If the Change Order increases or decreases the overall contract price, the parties shall mutually agree to adjust the payment terms and conditions.

3.5.6 The Contractor shall only proceed with change work once the Change Order has been duly authorised and agreed upon in writing by both parties.

3.5.7 The Company shall have the right to request alternative options or modifications if the proposed change is deemed unreasonable or unsatisfactory.

3.5.8 The Contractor shall provide the Company with regular updates on the progress and costs associated with any approved Change Orders.

3.5.9 The terms and conditions of this Agreement shall continue to apply to any approved Change Orders unless otherwise specified in writing by both parties.

3.6 Exclusive Compensation:

3.6.1 The compensation outlined in this Agreement shall be the exclusive and sole compensation payable to the Contractor for the flooring installation services rendered, including any materials, labour, equipment, or additional expenses incurred.

3.6.2 The Contractor shall not be entitled to any additional compensation, reimbursement, or claims for expenses unless expressly agreed upon in writing by both parties.

3.6.3 The agreed-upon compensation shall cover all costs associated with the flooring installation work, including but not limited to transportation, permits/licenses, insurance, and overhead expenses.

3.6.4 The Contractor shall not seek compensation or reimbursement for any work performed by subcontractors or third parties engaged by the Contractor unless otherwise agreed upon in writing by the Company.

3.6.5 Any claims for additional compensation or reimbursement of expenses must be supported by appropriate documentation, such as invoices, receipts, or detailed records, and must be submitted to the Company within 15 days of the occurrence of the expense or completion of the work.

3.6.6 The Company shall review and evaluate any claims for additional compensation or reimbursement in good faith, and the decision to approve or deny such claims shall be at the Company's sole discretion.

3.6.7 The Contractor shall not assign, transfer, or subcontract any rights to compensation under this Agreement without the prior written consent of the Company.

3.6.8 Upon completion of the flooring installation work and receipt of the final payment, the Contractor acknowledges and agrees that no further compensation or claims for payment shall be made, except for any outstanding retention amount as specified in this Agreement.

3.7 Disputed Invoices:

3.7.1 In the event that the Company disputes any charges or claims made in an invoice submitted by the Contractor, the Company shall notify the Contractor in writing within 20 days of receiving the invoice.

3.7.2 The Contractor shall promptly provide the Company with any requested supporting documentation, clarifications, or additional information necessary to address the dispute.

3.7.3 The Company shall have the right to withhold payment of the disputed amount until the dispute is resolved satisfactorily.

3.7.4 The Contractor shall cooperate fully with the Company during the resolution process, including participating in discussions, providing additional information as requested, and attending any meetings or negotiations related to the dispute.

3.7.5 If the dispute cannot be resolved directly between the parties, the Company reserves the right to engage in alternative dispute resolution methods, such as mediation or arbitration, as deemed necessary and beneficial to protect its interests.

3.7.6 During the dispute resolution process, the Contractor shall not suspend or delay any ongoing flooring installation work unless specifically directed in writing by the Company or as required by applicable laws or regulations.

3.7.7 The Company may, at its sole discretion, withhold payment for the disputed portion of the invoice until the dispute is fully resolved. Any payment made by the Company shall not be considered an admission of liability or a waiver of its rights to dispute the charges or claims.

3.7.8 If the dispute is resolved in favor of the Company, the Contractor shall promptly reimburse the Company for any overpaid amounts or make necessary adjustments to the invoice as directed by the Company.

3.7.9 The Contractor acknowledges that any unresolved disputes may impact its future working relationship with the Company and its eligibility for future projects or contracts.
4. Ownership and Materials:
4.1 Ownership and Materials:

4.1.1 All materials, equipment, tools, and supplies provided by the Company to the Contractor for the purpose of performing the flooring installation work shall remain the sole property of the Company.
4.1.2 The Contractor shall exercise reasonable care and diligence in handling and using the Company's materials, ensuring their safe keeping and preventing any damage, loss, or theft.
4.1.3 The Contractor shall not use the Company's materials for any purpose other than the performance of the flooring installation work specified in this Agreement without the prior written consent of the Company.
4.1.4 The Contractor shall not remove or transfer the Company's materials from the project site without the Company's explicit authorisation, except for the purpose of carrying out the flooring installation work as outlined in this Agreement.
4.1.5 Any unused materials provided by the Company shall be returned to the Company upon completion of the flooring installation work or as otherwise directed by the Company.
4.1.6 The Contractor shall be responsible for any loss, damage, or theft of the Company's materials that occur due to the Contractor's negligence, improper handling, or unauthorised use.
4.1.7 The Contractor shall maintain proper records and documentation of the Company's materials used in the flooring installation work, including quantities, specifications, and any applicable warranties or guarantees.
4.1.8 Any intellectual property rights, including copyrights or patents, associated with the flooring installation work or any design elements provided by the Company shall remain the property of the Company.
4.1.9 The Contractor shall not reproduce, modify, distribute, or use the Company's intellectual property without the Company's prior written consent.
5. Confidentiality:
5.1 The Contractor acknowledges that during the course of performing the flooring installation services, they may have access to confidential and proprietary information of the Company, including but not limited to trade secrets, customer lists, financial information, business strategies, and other non-public information ("Confidential Information").

5.2 The Contractor agrees to treat all Confidential Information received from the Company as strictly confidential and to take all reasonable measures to protect its confidentiality.

5.3 The Contractor shall not disclose, directly or indirectly, any Confidential Information to any third party without the Company's prior written consent, except as required by law or as necessary to perform the flooring installation services outlined in this Agreement.

5.4 The Contractor shall use the Confidential Information solely for the purpose of performing their obligations under this Agreement and shall not use it for their benefit or the benefit of any third party.

5.5 The Contractor shall ensure that their employees, agents, or subcontractors who may have access to the Confidential Information are bound by written agreements or obligations of confidentiality no less restrictive than those outlined in this Agreement.

5.6 The Contractor shall take all necessary precautions to prevent the unauthorised use, disclosure, or loss of the Confidential Information, including implementing reasonable security measures and safeguards.

5.7 The obligations of confidentiality shall survive the termination or expiration of this Agreement and shall remain in effect for a period of [insert number of years, e.g., five years] from the date of termination or expiration.

5.8 Upon the Company's request or upon the termination or expiration of this Agreement, the Contractor shall promptly return or destroy all Confidential Information, including any copies, notes, or materials related to the Confidential Information, and provide written confirmation of their compliance with this requirement.

5.9 The obligations of confidentiality set forth in this section shall not apply to any information that is already publicly known or becomes publicly known through no fault of the Contractor or information that the Contractor can demonstrate was already in their possession prior to its disclosure by the Company.
6. Indemnification and Liability:
6.1 The Contractor agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with:

6.1.1 Any injury to persons or damage to property caused by the Contractor, its employees, agents, or subcontractors during the performance of the flooring installation services, except to the extent caused by the Company's sole negligence or willful misconduct.

6.1.2 Any breach of the Contractor's material obligations, warranties, representations, or covenants under this Agreement.

6.1.3 Any violation of applicable laws, regulations, or permits by the Contractor or its personnel, solely to the extent resulting from the Contractor's gross negligence or willful misconduct.

6.1.4 Any claims or actions brought by third parties arising from or relating to the Contractor's gross negligence or willful misconduct in the performance of the flooring installation services.

6.2 The Contractor shall promptly notify the Company in writing of any claim, demand, or lawsuit for which the Contractor seeks indemnification under this section. The Contractor shall cooperate fully with the Company in the defence of any such claim and shall not make any admissions or settlements without the Company's prior written consent.

6.3 The Contractor's liability under this Agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the extent of direct damages suffered by the Company and shall not exceed the total compensation paid to the Contractor under this Agreement.

6.4 In no event shall the Contractor be liable to the Company for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, loss of business opportunities, or loss of data, except to the extent caused by the Contractor's gross negligence or willful misconduct.

6.5 The Company shall not be liable for any loss, damage, injury, or delay caused by factors beyond its reasonable control, including but not limited to acts of God, natural disasters, labour disputes, governmental actions, or equipment failures.

6.6 The Contractor shall not be responsible for any damage to the Company's existing property or assets, except to the extent caused by the Contractor's gross negligence or willful misconduct.

6.7 The Contractor shall not be responsible for any liabilities or claims arising from defects in materials or products provided by the Company unless the defects were caused by the Contractor's gross negligence or willful misconduct.

6.8 Nothing in this section shall limit or exclude either party's liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
7. Termination:
7.1 Termination for Convenience: Either party may terminate this Agreement for any reason by providing written notice to the other party at least 30 days before the intended termination date. In such cases, the Contractor shall be entitled to receive payment for all completed and accepted work up to the date of termination, as well as any reasonable costs incurred as a result of the termination.

7.2 Termination for Cause: Either party may terminate this Agreement for cause upon written notice to the other party if the other party commits a material breach of any provision of this Agreement and fails to cure such breach within [insert number of days, e.g., 14 days] after receiving written notice specifying the breach. In the event of termination for cause, the terminating party shall be relieved of any further obligations under this Agreement, except for any payment obligations that have already accrued.

7.3 Termination for Insolvency or Bankruptcy: Either party may terminate this Agreement immediately upon written notice to the other party if the other party becomes insolvent, files for bankruptcy, or takes any action indicating its inability to meet its financial obligations. In such cases, the terminating party shall be entitled to pursue any available legal remedies to recover any outstanding amounts or damages incurred as a result of the termination.

7.4 Obligations upon Termination: Upon termination of this Agreement, for any reason, the Contractor shall promptly return to the Company any Company property, materials, or confidential information in its possession or control. The Contractor shall also provide a final report detailing the work performed and any outstanding issues or obligations.

7.5 Survival of Obligations: Terminating this Agreement shall not relieve the parties of any obligations or liabilities that, by their nature, are intended to survive termination, including but not limited to confidentiality, indemnification, and dispute resolution provisions.
8. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising from this Agreement shall be resolved through mediation or, if necessary, through binding arbitration.
9. Entire Agreement:
This Agreement constitutes the entire understanding between the Company and the Contractor and supersedes any prior agreements or understandings, whether written or oral.

By signing below, the Contractor acknowledges and agrees to abide by the terms and conditions set forth in this Agreement.

Closing Statement:

We appreciate your time and consideration in reviewing our terms and conditions for flooring installation services. These terms and conditions ensure a transparent and mutually beneficial working relationship between Alpha Flooring Group and our valued customers. You acknowledge and agree to comply with the terms and conditions outlined herein by engaging our services.

We strive to provide high-quality flooring materials, expert installation, and excellent customer service.

Our team is committed to delivering satisfactory results and meeting your flooring needs to the best of our abilities. Open communication, mutual respect, and adherence to these terms and conditions are essential for a successful and positive flooring experience.

Please contact us for clarification if you have any questions or concerns regarding these terms and conditions. We are here to address any inquiries and provide the necessary support throughout your flooring project.

Thank you for choosing Alpha Flooring Group. We look forward to the opportunity to serve you and create a beautiful and durable flooring solution for your space.

Sincerely,

Alpha Flooring Group Pty Ltd

www.Alphaflooringgroup.com.au

Info@alphaflooringgroup.au

1300 666 966