Terms and Conditions of Business

1. GENERAL

(a) These terms and conditions of business are between Construction Labour Hire Limited (“CLH”) and its client (“the Client”). CLH provide the services of temporary personnel (“CLH Staff Member”) to Clients on an hourly rate basis. Each time a CLH Staff Member is assigned to work for a Client (“a Placement”) the Client is deemed to have accepted these terms and conditions of business. CLH reserves the right to modify these terms and conditions of business at any time.

2. FEES

(a) The Client shall pay CLH’s hourly rate for the CLH Staff Member and any other agreed costs in accordance with CLH’s invoices (“CLH Fees”). There is an 8 hour minimum charge per CLH Staff Member per day, unless otherwise agreed upon by CLH. There is no overtime, or penal rates, except for work done on statutory holidays. As per the Holidays Act, hours of work done on statutory holidays are charged and paid at time and a half, and have an additional 8 hours charged and paid as a day in lieu.

(b) The Client acknowledges that the CLH Fees are payable by the Client by the 20th of the month following the date of invoice. The Client acknowledges that any costs incurred by CLH in the recovery of unpaid CLH Fees are payable by the Client on a solicitor/client basis and interest will be charged on any overdue CLH Fees at a rate of 2.0% per month.

3. CLH OBLIGATIONS

(a) CLH will guarantee to replace any CLH Staff Member who is not reasonably satisfactory for the Placement.

(b) CLH Staff Members supplied by CLH on Placements shall at all times be employees or contractors of CLH and not the Client. CLH shall pay all wages required by law to be paid by CLH in respect of CLH Staff Member and shall make all appropriate deductions from their wages as required by law.

4. CLIENT OBLIGATIONS

(a) The CLH Staff Member shall be under the control and direction of the Client for the duration of the Placement. The Client is responsible for all acts, errors or omissions of the CLH Staff Member whether wilful, negligent or otherwise. CLH shall not accept any liability for any loss, expense, damage or cost as a result of the Placement of the CLH Staff Member howsoever arising. The Client shall ensure compliance with all statutory requirements relating to the CLH Staff Member except where these are expressed to be the responsibility of CLH under these terms and conditions of business.

(b) Site supervision during the Placement is the responsibility of the Client. The Client warrants that all work during a Placement is carried out in a safe and responsible manner and that all lawful requirements are complied with. The Client warrants the inclusion of the CLH Staff Member in all of the Client’s workplace health and safety monitoring programs.

(c) The Client acknowledges that CLH invests a significant amount of time and resources in CLH Staff Members. To discourage Clients employing CLH Staff Members, the Client agrees that if the Client employs (as an employee, contractor or any other capacity) the CLH Staff Member within a period of 3 months from the last Placement by CLH, the Client shall be liable to pay CLH a penalty fee equal to 400 hours hire of the CLH Staff Member.