1. Parties & Background
1.1 This Agreement is made between Market Ready ("Market Ready", "we", "us"), a property preparation and trade coordination business operating in Hobart, Tasmania, and the person or entity engaged to carry out trade or contracting work referred to in this Agreement as the "Contractor" ("you").
1.2 Market Ready coordinates trade and property preparation work on behalf of real estate agents, property managers, homeowners, landlords, and investors (each a "Client"). Market Ready engages Contractors on a job-by-job basis to carry out that work.
1.3 This Agreement applies to every job Market Ready allocates to the Contractor, whether or not a separate quote, purchase order, or scope of works is issued for that job. Where a job-specific scope of works or purchase order is issued, it forms part of this Agreement and is read together with it; if there is a direct conflict, the job-specific scope prevails only in relation to the scope, price, and timing of that job.
1.4 By ticking to accept these terms, signing this Agreement, or commencing work on a job allocated by Market Ready, the Contractor accepts and agrees to be bound by this Agreement.
2. Definitions
2.1 "Agreement" means this Subcontractor Agreement, including any schedule, scope of works, or purchase order incorporated into it by reference.
2.2 "Client" means the owner, agent, property manager, or other party for whom the work is ultimately being carried out.
2.3 "Contractor" means the individual or business engaged by Market Ready to carry out work, and includes that Contractor's own employees, workers, and subcontractors engaged to help carry out the work.
2.4 "Job" means a specific piece of work allocated to the Contractor by Market Ready, whether described in a quote, scope of works, purchase order, or verbal/written instruction.
2.5 "Site" means the property or premises where the Job is carried out.
2.6 "Variation" means any change to the scope, materials, price, or timing of a Job from what was originally agreed.
3. Nature of Engagement
3.1 The Contractor is engaged as an independent contractor. Nothing in this Agreement creates a relationship of employer and employee, partnership, joint venture, or agency between Market Ready and the Contractor.
3.2 The Contractor is responsible for its own tax, superannuation, workers compensation, and any other statutory obligations arising from its own business and its own workers. Market Ready will not withhold PAYG tax or make superannuation contributions on the Contractor's behalf.
3.3 The Contractor may, at its own discretion and cost, engage its own employees or subcontractors to help carry out a Job, provided that: (a) Market Ready's prior written approval is obtained; (b) that person is bound by terms consistent with this Agreement, in particular clauses 9 (Insurance & Compliance), 10 (Safety), and 15 (Indemnity); and (c) the Contractor remains fully responsible to Market Ready for that person's work, conduct, and compliance as if it were the Contractor's own.
3.4 Nothing in this Agreement guarantees the Contractor a minimum volume of work, a minimum number of Jobs, or exclusivity of engagement. Market Ready may allocate work to other contractors at its discretion.
4. Scope of Works & Variations
4.1 Each Job will be described by a scope of works, quote, or equivalent instruction issued by Market Ready, which sets out the inclusions and exclusions for that Job.
4.2 The Contractor must not carry out work outside the agreed scope, and must not carry out a Variation, without Market Ready's prior written approval (email or written message is sufficient). Written approval must record the change in scope, any change in price, and any change in timing before the additional or varied work begins.
4.3 Work carried out outside the agreed scope without prior written approval is undertaken at the Contractor's own risk and Market Ready is not liable to pay for it.
4.4 Unless the scope of works states otherwise, only premium-grade or as-specified materials are to be used. Substitution of materials requires prior written approval under clause 4.2.
5. Materials, Tools, Equipment & PPE
5.1 Unless the scope of works states otherwise, the Contractor must supply, at its own cost, all materials, tools, plant, equipment, and personal protective equipment (PPE) required to safely and properly complete the Job.
5.2 The Contractor is responsible for ensuring all tools, equipment, and plant it uses on Site are safe, fit for purpose, and, where applicable, currently tested, tagged, and compliant with the relevant Australian Standard and Tasmanian work health and safety requirements.
6. Site Conduct, Presentation & Brand Representation
6.1 The Contractor must act, and ensure its workers act, professionally at all times while engaged on a Job, including in all communication with Clients, their tenants or occupants, neighbours, and members of the public.
6.2 No smoking, alcohol, or illicit drugs are permitted on any Site at any time.
6.3 The Contractor and its workers must present neatly and appropriately for a trade professional representing the Market Ready brand, and must produce a high standard of workmanship consistent with that presentation.
6.4 The Contractor must not represent itself as an employee of Market Ready, and must make clear to any Client, tenant, or third party that it is an independent contractor engaged by Market Ready, if asked.
7. Site Cleanliness
7.1 The Contractor must leave each Site in a clean and tidy condition, equal to or better than its condition on arrival, at the end of every working day and on completion of the Job.
7.2 The Contractor must remove all rubbish, offcuts, packaging, surplus materials, tools, and equipment from Site at the end of each working day, unless otherwise agreed in writing (for example, where equipment must remain on Site overnight for safety or practical reasons).
8. Parking & Property Access
8.1 The Contractor must park considerately and must not block driveways, footpaths, lawns, or access ways, whether belonging to the Client or a neighbouring property.
8.2 The Contractor must confirm access to power and water with Market Ready or the Client before quoting or starting a Job, and must not assume that either will be available on Site.
9. Care of Property & Damage
9.1 The Contractor must treat every Site, and all its fixtures, fittings, floors, walls, and finishes, with care and take all reasonable precautions to avoid damage.
9.2 The Contractor must protect surfaces, fixtures, and landscaping likely to be affected by its work (for example, by using drop sheets, corner protection, or floor covering) before starting work that could damage them.
9.3 Any damage to the Site, a neighbouring property, or any external area (including driveways, lawns, gardens, and access ways) caused by the Contractor, its workers, or its subcontractors must be reported to Market Ready immediately and repaired or made good at the Contractor's own cost, to Market Ready's and the Client's reasonable satisfaction.
9.4 Clause 9.3 applies regardless of whether the damage was caused negligently, accidentally, or in the ordinary course of carrying out the work, except to the extent the damage was caused solely by a pre-existing defect in the property that the Contractor could not reasonably have identified or avoided.
10. Safety & Hazard Management
10.1 The Contractor must identify foreseeable hazards associated with a Job before quoting or starting work, and must report any hazard it identifies to Market Ready as soon as reasonably practicable.
10.2 The Contractor is solely responsible for safely and lawfully managing all hazards associated with its own work, and for ensuring it and its workers comply with the Work Health and Safety Act 2012 (Tas) and all associated regulations and codes of practice.
10.3 The Contractor must use proper safety systems, controls, and equipment appropriate to the work and the hazards involved, and must not commence work it reasonably considers unsafe until the relevant hazard has been controlled.
10.4 The Contractor must immediately notify Market Ready of any incident, injury, or near-miss occurring on Site in connection with the Job.
11. Workmanship, Defects & Rectification
11.1 The Contractor warrants that all work will be carried out with due care and skill, in a proper and competent manner, using suitable materials, and in accordance with the scope of works, all applicable building codes and Australian Standards, and any manufacturer's specifications for materials used.
11.2 The Contractor is responsible, at its own cost, for rectifying any defect, incomplete work, or required touch-up in its own work identified by Market Ready or the Client, within a reasonable time of being notified.
11.3 Nothing in this clause limits any warranty, guarantee, or right the Contractor's work is separately subject to under the Building Act 2016 (Tas), the Australian Consumer Law, or any other applicable law.
12. Payment Terms
12.1 Unless a Job-specific written agreement states otherwise, the Contractor must invoice Market Ready for completed and approved work, and Market Ready will pay undisputed invoices within 14 days of the invoice date.
12.2 Market Ready may withhold payment of any part of an invoice that is genuinely disputed (for example, for incomplete work, defects not yet rectified under clause 11.2, or work outside the approved scope), provided it notifies the Contractor of the dispute and the reason for it within a reasonable time of receiving the invoice.
12.3 The Contractor must hold a valid Australian Business Number and, if applicable, be registered for GST, and must issue compliant tax invoices.
13. Licensing, Insurance & Compliance
13.1 The Contractor must hold, and must maintain for the entire term of this Agreement, all licences, registrations, and qualifications required by law to lawfully carry out the work it is engaged to perform in Tasmania, including any licence required under the Occupational Licensing Act 2005 (Tas) or equivalent legislation.
13.2 The Contractor must hold, and must maintain for the entire term of this Agreement, its own current: (a) public liability insurance with a minimum limit of $10,000,000 (or such other amount as Market Ready notifies in writing); (b) if it has workers, workers compensation insurance as required by law; and (c) any professional indemnity or other insurance appropriate to its trade.
13.3 The Contractor must provide Market Ready with a current certificate of currency for each policy required under clause 13.2 before starting its first Job, and again whenever a policy is renewed or on request.
13.4 As between the Contractor and Market Ready, all injuries to the Contractor or its workers, and all liabilities arising from the Contractor's work, are covered by, and are the responsibility of, the Contractor's own insurances referred to in clause 13.2, and not Market Ready's insurance.
13.5 The Contractor must notify Market Ready immediately in writing if any licence, registration, or insurance policy required under this clause is cancelled, suspended, lapses, or is not renewed.
14. Indemnity
14.1 The Contractor indemnifies, and must keep indemnified, Market Ready against all loss, damage, liability, cost (including legal costs), fine, or expense that Market Ready suffers or incurs arising from or in connection with: (a) any breach of this Agreement by the Contractor or its workers; (b) any negligent, unlawful, or wrongful act or omission of the Contractor or its workers; (c) any injury to, or death of, any person, or any damage to property (including the Site, a neighbouring property, or a third party's property), to the extent caused or contributed to by the Contractor or its workers; and (d) any claim that the Contractor or its workers were an employee of Market Ready.
14.2 This indemnity does not apply to the extent the relevant loss, damage, liability, cost, fine, or expense was caused or contributed to by the negligence or wrongful act of Market Ready.
14.3 This indemnity survives completion of the relevant Job and termination of this Agreement.
15. Limitation of Liability
15.1 Nothing in this Agreement excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law.
15.2 To the maximum extent permitted by law, neither party is liable to the other for indirect, special, or consequential loss (including loss of profits or loss of opportunity) arising from or in connection with this Agreement.
16. Client & Work Opportunity Protection
16.1 All work referred, quoted, or allocated through a Market Ready project or Client relationship belongs to Market Ready. The Contractor must not directly or indirectly quote for, solicit, or accept work from a Market Ready Client, or from a referral arising from a Market Ready project, without Market Ready's prior written approval.
16.2 If a Client, tenant, or other third party approaches the Contractor directly with an enquiry arising from a Market Ready project, the Contractor must promptly pass that enquiry on to Market Ready and must not act on it directly.
16.3 If a Client specifically requests that a Job be carried out by the Contractor by name, Market Ready will manage that Job through its own systems and processes, and may, at its discretion, allocate the work back to the Contractor on the same terms as any other Job under this Agreement.
16.4 This clause continues to apply for 12 months after the Contractor last carries out work for Market Ready, and applies only to Clients and work opportunities the Contractor became aware of, or was introduced to, through Market Ready. It is intended to protect Market Ready's legitimate business interests and is to be read down, and will apply only to the extent, necessary to be enforceable under Tasmanian law.
17. Team, Workers & Subordinate Subcontractors
17.1 The Contractor must ensure that all of its own workers and any subcontractors it engages under clause 3.3 are made aware of, and comply with, this Agreement as if they were the Contractor.
17.2 Market Ready sets a professional standard for all work carried out under its name, and expects the Contractor, and everyone working under the Contractor, to meet that same standard at all times.
18. Suspension & Termination
18.1 Market Ready may immediately suspend or withdraw a Job from the Contractor, without liability other than payment for work properly completed up to that point, if the Contractor: (a) breaches clauses 6.2 (drugs/alcohol), 9 (property damage), 10 (safety), 13 (insurance/licensing), or 16 (client protection); (b) carries out work in a manner Market Ready reasonably considers unsafe, defective, or damaging to Market Ready's reputation; or (c) fails to hold a licence or insurance required under clause 13.
18.2 Either party may terminate this Agreement generally, as to future Jobs, by giving the other 14 days' written notice.
18.3 Termination does not affect any Job already underway (unless suspended under clause 18.1), and does not affect either party's accrued rights, including the Contractor's right to be paid for work properly completed and Market Ready's rights under clauses 11, 14, and 16.
19. Dispute Resolution
19.1 If a dispute arises under this Agreement, a party must first notify the other in writing, setting out the nature of the dispute, and the parties must make genuine efforts to resolve it by discussion within 10 business days.
19.2 If the dispute is not resolved within that time, either party may refer it to mediation with a mediator agreed between the parties (or, failing agreement, appointed by the Resolution Institute) before commencing court proceedings, except where a party seeks urgent injunctive relief.
20. General
20.1 Governing law: This Agreement is governed by the laws of Tasmania, and the parties submit to the non-exclusive jurisdiction of the courts of Tasmania.
20.2 Entire agreement: This Agreement, together with any scope of works or purchase order issued for a specific Job, is the entire agreement between the parties in relation to its subject matter and replaces all prior discussions, understandings, and agreements, whether written or verbal.
20.3 Severability: If any clause of this Agreement is found to be void, unenforceable, or illegal, that clause is to be read down to the extent necessary to make it enforceable, or if it cannot be read down, it is severed, and the rest of this Agreement continues in full force.
20.4 Variation of Agreement: This Agreement may only be varied by written agreement signed or otherwise accepted (including electronically) by both parties.
20.5 Assignment: The Contractor must not assign or subcontract its rights or obligations under this Agreement without Market Ready's prior written consent, except as permitted under clause 3.3.
20.6 Notices: Any notice under this Agreement may be given by email to the address the parties have used to communicate about Jobs, and is taken to be received when sent, unless the sender receives a delivery failure notice.