1. Scope of Work
The Panel Builder agrees to perform the home modifications (“Services”) as described in each individual Statement of Work provided for each project. Any changes to the scope of individual projects must be documented in a written Change Order and signed by both parties.
2. Compliance and Licensing
The Panel Builder shall maintain all necessary licences and certifications required under New South Wales and federal law. All Services shall comply with the National Disability Insurance Scheme (NDIS) standards and local building codes.
3. Insurance
The Panel Builder shall carry and maintain the following insurance coverage throughout the duration of their registration as a Panel Builder with Nursed Pty Ltd:
Public Liability Insurance with a minimum cover of $20,000,000.
Professional Indemnity Insurance with a minimum cover of $1,000,000.
Workers’ Compensation Insurance as required by law.
Home Warranty Insurance as applicable to the nature of the modifications undertaken.
Proof of insurance must be provided to Nursed Pty Ltd prior to commencement of any Services and must be maintained without lapse.
4. Worker Requirements
The Panel Builder must ensure that all personnel involved in delivering the Services meet the NDIS worker requirements at all times. This includes holding a valid Working with Children Check (WWCC), National Police Check, and NDIS Worker Screening. Documentation proving compliance must be provided to Nursed Pty Ltd upon request.
5. Pricing, Payment, and Contractual Requirements
The Panel Builder agrees to enter into a direct contract with the client for the provision of Services using standard home building contracts as mandated by NSW Fair Trading for the specific cost categories:
For services costing $20,000 or more, the Panel Builder must use the standard NSW Fair Trading home building contract suitable for work over $20,000.
For services costing between $5,000 and $20,000, the Panel Builder must use the standard NSW Fair Trading home building contract designed for work between $5,000 and $20,000.
Nursed Pty Ltd will dictate the margin to be added to the cost of Services, as outlined in the Statement of Work. Payment terms shall be based on the pricing schedule agreed upon in the Statement of Work. Nursed Pty Ltd agrees to pay the Panel Builder within 30 days of receiving a valid invoice for Services completed.
The Panel Builder must ensure all contracts with clients are fully compliant with relevant NSW legislation and regulations governing home building and modifications. All contracts must be transparent, legally compliant, and include all necessary terms to protect the interests of all parties involved. Nursed Pty Ltd must be informed of the details of these contracts and any subsequent changes or amendments.
6. Quality Assurance
The Panel Builder is responsible for ensuring that all Services provided meet high-quality standards and are in compliance with all relevant legislation and regulations. Nursed Pty Ltd reserves the right to inspect and test all modifications for compliance.
7. Confidentiality
The Panel Builder agrees to keep all information confidential and secure, including but not limited to client information, project details, and financial terms such as Nursed Pty Ltd’s margins. This information is provided solely for the purpose of performing the Services and shall not be disclosed to any third parties, including other stakeholders involved in the project without explicit written consent from Nursed Pty Ltd.
Any unauthorized disclosure of Nursed Pty Ltd’s margins or any other confidential information, intentionally or accidentally, will be considered a major breach of this agreement. In the event of such a breach, Nursed Pty Ltd reserves the right to claim compensation for any direct, indirect, material, or immaterial damages or loss of opportunity caused by the breach. The Panel Builder acknowledges that they are liable for any damages resulting from the breach of confidentiality.
This obligation of confidentiality will survive the termination of their registration as a Panel Builder and continue indefinitely unless otherwise released in writing by Nursed Pty Ltd.
8. Non-Solicitation
During their registration as a Panel Builder and for one year thereafter, the Panel Builder shall not directly or indirectly solicit business from, or attempt to sell, license, or provide the same or similar products or services as are now provided to, any client or customer of Nursed Pty Ltd.
9. Exclusivity
The Panel Builder agrees to provide home modification services under the NDIS exclusively with Nursed Pty Ltd, and shall not engage in any NDIS home modification projects without express written permission from Nursed Pty Ltd. This exclusivity applies throughout the duration of their registration as a Panel Builder.
10. Dispute Resolution
In the event of a dispute, both parties agree to seek resolution through mediation before pursuing other legal remedies. Mediation will be conducted in New South Wales in accordance with the rules of the Australian Dispute Centre.
11. Termination
Either party may terminate the registration of the Panel Builder for material breach, provided that the brereaching party is given 30 days written notice to cure the breach. Upon termination, Nursed Pty Ltd shall pay for all Services satisfactorily completed up to the termination date.
12. Warranties
The Panel Builder warrants that all modifications will be free from defects in workmanship and will align with the builder’s home warranty, covering major structural defects for six years and non-structural defects for two years from the completion of the work, as stipulated by NSW legislation. Any claims for defects must be made within these periods.
General Provisions
This agreement applies to all services conducted while the builder is a registered Panel Builder with Nursed Pty Ltd. It represents the entire agreement between Nursed Pty Ltd and the Panel Builder. It supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may only be amended by a written document duly signed by both parties.
