Guidance on Specific Clauses Schedules for TradeBox Commercial Trade Terms

Latest update 02/08/2023 | Last update 27/06/2023 | First published 30/07/2022

This guidance was provided to TradeBox Australia by Aitchison Reid Building and Construction Lawyers (the lawyers). Individual liability limited by a scheme approved under professional standards legislation. This guidance is not legal advice.

You can better fit your TradeBox Commercial Trade Terms to your trade business, by adding extra commercial Specific Clauses Schedules that have terms to serve your business. Not sure what Queensland commercial Specific Clauses Schedules to pick for your business? Here's some guidance on the schedules from the lawyers. Commercial Specific Clauses Schedules for use in Queensland are special terms that can be added to the general Commercial Trade Terms in your TradeBox Focus Commercial and TradeBox Ultimate Commercial subscriptions.

Commercial Specific Clauses Schedules

The following TradeBox Commercial Specific Clauses Schedules are available and we give you a summary of what is included in each.

Construction Plant

What's included?

• Construction plant you take to site (including your obligations, what you will use the construction plant for and if the someone interferes or tampers or uses the construction plant)

• Construction plant provided to you to use on site

• Covers both hired and owned construction plant

Who would use this schedule?

• If you take construction plant to site or you use construction plant on site provided by the payer

• This schedule of special clauses is designed primarily for commercial building sites

Installation of Supplied Building Products

What's included?

• This clause protects you if the other party supplies any materials

• Covers your obligations under the non-conforming building product legislation

• Provides a process that the other party must follow if you are to install supplied building products

Who would use this schedule?

• If the other party provides any building products for the job that you install

Material Price Increases

What's included?

The trade schedule provides a process for you to increase the contract price if the contract is agreed over 61 days before the start date. The schedule includes clauses on:

• Notifying the commercial client of the increase

• The time frames for the commercial client to respond and the effect on the start date

• What happens when you agree an increase

• The commercial client requesting further information

• If the commercial client rejects the increase to the total price

• Termination of the contract if no agreement can be made

• If a party proposes a compromise and the time frames for agreement

Personal Property Securities Register

What's included?

• Detailed clauses relating to the Personal Property Securities Act 2009 (PPSA)

• Creates a security interest in your favour for the goods and equipment delivered to site for the purpose of the Personal Property Securities Register (PPSR)

• Allows you to seize the goods from site if you are not paid

Please note:

• PPSR registrations will still need to be made to enforce the security

• Once the materials are fixed to the building or land they are no longer goods and the PPSR registration may no longer be effective

Who would use this schedule?

• If you leave any goods or equipment on site

• Please note, that this clause is only the first step in using the protections under the PPSA, you will also need to register the goods and equipment on the PPSR

• PPSR registration is not a service TradeBox provides

Variable Amounts

What's included?

• Provides how prime cost items and provisional sums are to be calculated once the work has been carried out

• Provides definitions of prime cost and provisional sum items

Who would use this schedule?

• If you use prime cost items or provisional sums in your quotes