Common use of Physical Conditions Clause in Contracts

Physical Conditions. (a) The Subcontractor warrants and for all purposes it will be deemed to be the case that, prior to the date of the Subcontract, the Subcontractor has: (i) examined the Subcontract documents, the Construction Site and its surroundings, and any other information that was made available in writing by or on behalf of the Contractor to the Subcontractor for the purpose of performing and completing the Work under the Subcontract. (ii) examined and relied solely upon its own assessment, skill, expertise, and enquiries in respect of, all information relevant to the risks, contingencies and other circumstances having an effect on the Work under the Subcontract and its obligations under the Subcontract; and (iii) satisfied itself that it has made adequate allowance for the costs of complying with all of its obligations under the Subcontract and of all matters and things necessary for the due and proper performance and completion of the Work under the Subcontract. (iv) The hours of work are, • 6:00 am to 6:00 pm Monday to Friday. • no work shall be undertaken on Saturday / Sundays / Public Holidays or outside the normal working hours without prior CDA Group Australia approval, though the project may have different times as per the head contractor’s requirements. • the working hours and any restrictions in hours allowed to work will be informed to the sub-contractor during works allocated onsite. • Any costs incurred by the sub-contractor for work outside of normal working hours will b at be cost of the subcontractor. (b) The Subcontractor accepts: (i) the Construction Site; and (ii) any structures or other things on, above or adjacent to, or under the surface of, the Construction Site in their present condition subject to all defects and Site Conditions and agrees that it is responsible for, and assumes the risk of: (A) all Loss, delay, or disruption it suffers or incurs; and (B) any adverse effect on the Work under the Subcontract, arising out of, or in any way in connection with the Site Conditions encountered in performing the Work under the Subcontract. Without limiting any other provision of the Subcontract, the Subcontractor warrants that: (a) all plant, equipment, materials, goods, items, and other things supplied, and all work and services performed under the Subcontract will comply with the Subcontract (including any specified performance requirements), be free from Defects, will comply with all warranties implied at law and will be fit for their intended purposes. (b) unless otherwise specified in the Subcontract, all plant, equipment, materials, goods, items, and other things supplied under the Subcontract will be new, and will be installed, tested and commissioned / completed at the cost of the sub- contractor, if there is a material issue the costs associated with the removal, cleaning, re-installation, commissioning of the material to the required standard / performance will be at the cost of the sub-contractor, this includes any additional items that may be required for example traffic control, crane movements, specific permits etc. (c) all plant, equipment, materials, goods, items, and other things supplied under the Subcontract, and the Subcontract Works, are free, and will remain free, of all liens, charges, and encumbrances and that the Contractor will receive good and clear title to all those things; and (d) it will in the performance of the Work under the Subcontract, exercise the standard of care, skill, judgment, and diligence that would be expected of a contractor that is skilled and experienced in performing work of a nature similar to the Work under the Subcontract. Refer to the Schedule of Warranties Table for specific terms and conditions set within the warranty of this agreement.