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CAG Special Conditions 2025-12-10

CAG Special Conditions 2025-12-10

These Special Conditions are attached to and form part of the Order Form. These Special Conditions apply to the Services described in the Order Form and take precedence over all other documents, including Sapio’s General Terms and any applicable Service Terms.

For the purposes of these Special Conditions:

  • ‘Client’ means the entity that has executed and entered into the relevant Order Form; and
  • ‘Sapio’ means Sapio Pty Ltd (ABN 88 169 549 820).

1. AMENDMENT TO SAPIO TERMS AND CONDITIONS:

These Service Terms apply if we supply any Hardware to you under an Order Form or in connection with any Service, in which case: (a) these Services Terms form part of and are incorporated in your Agreement with us; and (b) we agree to supply, and you agree to purchase and use, the relevant hardware in accordance with these Service Terms and otherwise in accordance with your Agreement with us.

2. OBLIGATIONS:

2.1 General Obligations.

  • Sapio must, unless otherwise set out in an Order:
    • provide at its own expense all Personnel, plant, equipment, tools, appliances and materials required by it to perform the Services; and
    • at all times keep all plant and equipment clean, tidy and well-presented and in good and safe working order such that the plant and equipment does not present a safety or security hazard.
  • In performing the ordered Services and without limiting any other rights or obligations in this Agreement, Sapio must:
    • ensure that all of its Personnel are at all times clean, presentable and properly attired in clean uniforms identifying both themselves and their employer;
    • comply with all laws (including those relating to aviation safety, aviation security, work health and safety and environmental management);
    • not do or fail to do any act or omission that may cause the Client to be in breach of any laws;
    • not act (or allow its Personnel to act) in a manner that is or might be detrimental to the Client or to the public image and reputation of the Client;
    • not use any radio communication system without the Client’s prior written consent (which may be withheld in its absolute discretion);
    • provide information to the Client upon request about the manner and timing of the ordered Services and otherwise cooperate and confer with, and provide reasonable assistance to, the Client and any third party in connection with the ordered Services;
    • immediately report to the Client any of the following arising from the performance of the Services:
      • personal injury or death to any person;
      • property damage to either the Client’s property, or the property of a third party;
    • avoid damage to the environment and comply with any reasonable direction from the Client Representative in that respect; and
    • where the Services are being performed on the Canberra Airport, comply with all requirements of set out in Special Condition 4.
  • Sapio must maintain adequate insurances for the Agreement, including public and products liability insurance for a minimum amount of $20 million per occurrence and provide the Client with proof when reasonably requested.

2.2 Performance of Services.

To the extent that Sapio is supplying goods, hardware or equipment (Goods) as part of the ordered Services, Sapio must:

  • use suitable new Materials which:
    • comply with any applicable Australian Standards;
    • are free from defects in design, performance, materials and workmanship;
    • are of merchantable quality and fit for their intended purpose; and
    • are free of any mortgages, charges, pledges, liens and other encumbrances and
  • provide to the Client with all warranties given by retailers or manufacturers and take all steps as may be required to enable the Client to obtain the benefit of those warranties.

2.3 Re-execution of Services and Rectification of Faults.

  • If at any time the Client considers that the Sapio has not carried out the Services in accordance with the requirements of this Agreement:
    • the Client may direct Sapio to re-execute the relevant aspect of the Services;
    • Sapio must comply with that direction and will not be entitled to make any further claim against the Client in respect of such direction; and
    • if Sapio fails to comply with the direction, the Client may perform that work itself or retain others to perform that work and the cost of so doing will be a debt owing from Sapio to the Client and may be deducted from any moneys owed by the Client to Sapio.
  • If there is any fault or defect in the provision of the Services or in the Goods, Sapio must promptly rectify the fault or defect and any interruption caused by the fault or defect. This subclause survives the termination or expiry of this Agreement.

3. SITE:

  • The Client will give Sapio access from time to time to as much of the relevant site as is necessary for Sapio to perform its obligations under the Agreement.
  • Sapio acknowledges that it will not have sole possession of the relevant site and must not interfere with any other occupier or user of the site including third parties which have leased or licensed (or may lease or licence) part of the site from the Client. Sapio is not entitled to any variation, extension of time or delay costs arising in connection with such restrictions or disruptions.
  • Sapio must keep the site clean and tidy at all times and must:
    • ensure that all waste and other deleterious matter is placed in secure weatherproof containers, bins or other receptacles; and
    • ensure that no waste or other material is blown or otherwise moved off-site.
  • Sapio must:
    • perform the ordered Services in such a way as to avoid pollution of the site and its surroundings; and
    • promptly clean up any pollution of the site and make good any damage to the environment arising from the performance of the Services.
  • Sapio must, and must ensure Sapio’s Personnel:
    • comply with directions (if any) given to Sapio by the Client, the Client’s Representative or any other person the Client nominates as having the authority to give directions at any time in connection with the site (including in connection with access to and use of the site);
    • comply with all procedures, policies or rules adopted from time to time by the Client in connection with the site including those in relation to safety and security including, at Sapio’s cost, obtaining any security clearances that may be required in order for Sapio or Sapio’s Personnel to effectively perform the Services;
    • do all things necessary to avoid causing nuisance to or interference with the use of the site or any areas near the site; and
    • where another contractor is in possession of the site, has management or control of the site or is the principal contractor in respect of the site, fully cooperate with that contractor and comply with that contractor’s reasonable directions (including in respect of work health and safety).

4. WORK CONDUCTED AT AIRPORT:

4.1 Application.

This Special Condition 4 applies where the ordered Services or a component of the ordered Services is conducted on the Canberra Airport.

4.2 Airport Works.

  • Sapio must, at its cost, comply with any laws applicable to the site, including the Airports Act 1996 (Cth), the Airports (Transitional) Act 1996 (Cth), Aviation Transport Security Act 2004 (Cth), the Aviation Transport Security Regulations 2005 (Cth) and all relevant rules and regulations imposed by the Commonwealth or the Client from time to time.
  • Sapio must ensure that a direction given by a representative of the Civil Aviation Safety Authority is complied with immediately.
  • If the Client or the Civil Aviation Safety Authority declares an emergency in relation to the Airport that impacts on the site or that requires the site to be vacated, Sapio must vacate the site and ensure that the site is vacated and remains vacated until the Client or the Civil Aviation Safety Authority gives notice that Sapio can re-enter the Site.
  • Sapio must at its cost and without limiting its obligations under this clause:
    • comply with and ensure that Sapio’s Personnel comply with all security and access arrangements and other requirements of the Client in respect of any ordered Services conducted at the Airport; and
    • submit details of its proposed site access and circulate to the Client Representative for approval at least 10 Business Days prior to commencing any part of the ordered Services.

4.3 Airport Building Controller Requirements.

  • Sapio must comply with all requirements of the Airport Building Controller (as defined in the Airports (Building Control) Regulations 1996 (Cth)) and the Airport Environment Officer (as defined in the Airports (Environment Protection) Regulations 1997 (Cth)) to the extent those requirements are applicable to the ordered Services.
  • If, at any time, the Airport Building Controller or the Airport Environment Officer identifies that Sapio has not complied with any of its requirements, Sapio must, as soon as practicable, remedy the non-compliance to the satisfaction of the Airport Building Controller and the Client Representative.

5. WORKPLACE HEALTH AND SAFETY REQUIREMENTS:

Sapio must:

  • ensure that in carrying out the ordered Services:
    • it complies with the Work Health and Safety Act 2011 (Cth) including the Work Health and Safety Regulations 2011 (Cth) and any amendment, re-enactment or replacement of them, and any corresponding WHS law as defined in section 4 of the WHS Act (WHS Law), and other legislative requirements relating to work health and safety management;
    • it complies with all of the Client’s applicable policies and procedures relating to work health and safety when accessing or performing any part of the ordered Services at the site;
    • all of Sapio’s Personnel comply with the requirements referred to in this Special Condition 5; and
    • it complies with its duty under the WHS Law to consult, cooperate and coordinate activities with all other persons who have a work and health safety duty in relation to the same matter;
  • notify the Client immediately (and in any event within 12 hours of such matter arising) of all work health and safety matters arising out of, or in any way in connection with, the ordered Services;
  • provide the Client with all necessary assistance from time to time (including giving access to relevant documentation and safety data) to enable the Client to undertake any audit, checks or observations of Sapio and any other persons engaged by Sapio to perform the ordered Services;
  • carry out the ordered Services safely and in a manner that does not put the health and safety of persons at risk; and
  • carry out the ordered Services in a manner that protects property.