EFFECT OF AGREEMENT
1.1 The client has engaged Homme Certifiers Pty Ltd, (the Principal Certifier or PC) or any of the Employees of Homme Certifiers nominated in Clause 1.5 of this contract to perform certification work as per the terms and conditions set out in this agreement.

1.2 The client is the owner as specified in the Homme Certifiers application form.

1.3 This agreement supersedes and overrides any other documents or oral representations upon which the parties may seek to rely to generate any legal effect or to imply any contractual obligation.

1.4 The PC is an individual certifier and is authorised to carry out the certification work which is the subject of this Agreement.

1.5 Employees of Homme Certifiers Pty Ltd who may provide services under this contract are as listed – Hermes Shabu - BDC3435

CONTRACT DOCUMENTATION
2.1 The contract will be formalised and executed on the date the construction approval is issued. Plans and specifications forming
part of the approval will be endorsed with the related approval number.

INSURANCE DETAILS
3.1 Insurer: The BRIC Australian Professional Indemnity Insurance; Policy No: B1768EC2200983 ; Period: 6 July 2022 to 6 July 2023 - Insurer: CGU Insurance; Public & Products Liability; Policy No: 15T5271621 ;Period: 7 July 2022 to 6 July 2023

OBLIGATIONS OF THE CERTIFIER
Issuing of Construction Certificates or Complying Development Certificates:

4.1 The PC or Certifier shall perform all work that is necessary to comply with relevant statutory requirements and to facilitate the timely determination of an application, to issue a Construction Certificate or Complying Development Certificate to the Client, and to endorse plans, specifications and other documentation used to determine the application with a reference identifier number specific to the development:-

a) Once the Client pays the PC any money owed for work associated with the issuing of a Construction Certificate or Complying Development Certificate;

b) Once design and construction of the Building complies with the Development Consent and the Regulations or any prescribed
Complying Development criteria by either the State Government or local Council; and

c) The design is capable of complying with the BCA.

4.2 The PC shall provide copies of approval documentation to Council and any other relevant statutory authority within 2 days of
the date of determination, as required by the EP&A Regulation.

4.3 When the PC issues a Construction Certificate or Complying Development Certificate, the PC may request as many Certificates
or statements from any Certifying Authority or any other party that the PC considers necessary in addition to any Certificates listed in
the Certificates Schedule.

4.4 The PC shall carry out as many inspections as the PC considers necessary in addition to those nominated in the Inspection Schedule.

4.5 The PC shall issue an Occupation Certificate for the Building Works when the PC is satisfied that:-

a) A Development Consent has been complied with or a Complying Development Certificate is in force for the Building Works; and

b) The Building Works are suitable for occupation or use in accordance with their classification under the BCA; and

c) Use of the Building does not pose any danger for the occupants.

4.6 The PC shall maintain an insurance policy in accordance with the Act and shall provide a copy of that policy to the client upon
request.

OBLIGATIONS OF THE CLIENT
5. The client shall:-

5.1 Pay to the PC the agreed fees identified in Homme Certifiers formal fee agreement for determination of a Construction Certificate
or Complying Development Certificate, and/or PC services on or before the lodgement of the application. Fees are subject to GST
where applicable.

5.2 Acknowledge that lodgement of an application with Homme Certifiers confirms acceptance of the terms and conditions of Homme Certifiers fee agreement and certification contract.

5.3 Provide full disclosure as to any other PC appointed prior to entering in to this contract.

5.4 Not engage any other PC after the PC appointed pursuant to this contract has been engaged. Breach of this condition will entitle the PC to recover any losses or costs of whatsoever nature that flow
from such breach.

5.5 Provide all relevant drawings, plans, statutory plans, and any other related information or documents at the request of the Certifier.

5.6 Provide all documents reasonably requested by the PC to fulfil its obligations under this agreement.

5.7 Ensure that all documents and information provided by the Client are complete, current and accurate. In that regard, the Client
acknowledges that the PC is entitled to rely on information and documents provided by the Client, but is not under any duty to verify
the accuracy or completeness of such information.

The Client indemnifies the PC from any costs, expenses, losses, damages, claims, liability, demands, suits and proceedings suffered or incurred by, or made against, the PC in respect of the PC’s reliance on the documents supplied by or on behalf of the Client or in relation to any third party placing any reliance on the performance of the PC’s services under this Agreement.

5.8 Ensure that a Construction Certificate or Complying Development Certificate has been issued prior to the commencement of any works.

5.9 Provide the PC with all requested Pre-Commencement items to allow PC appointment at least 2 days prior to commencement of any works.

5.10 Ensure that all critical stage inspections are booked as specified in the Inspection Schedule.

5.11 Ensure that the site is accessible for the PC to carry out its contractual obligations.

5.12 Use suitably qualified or experienced contractors for all aspects of the Building Work.

5.13 Attend any site meetings if requested by the PC.

5.14 Comply with any Written Direction Notices that the PC issues.

5.15 Ensure compliance with all conditions of any Development Consent relating to any demolition works.

5.16 Provide Compliance Certificates requested.

5.17 Provide the PC with the date of Practicable Completion.

5.18 Act in good faith, in accordance with the Act, and in a cooperative
manner.

5.19 Apply for, and provide all documentation required to allow the issue of an Occupation Certificate authorising full use of the development, within two years of the date of the construction approval. Failure to comply with this requirement shall entitle the PC to terminate the contract, or to charge additional fees to extend the contract.

VARIATIONS TO THIS AGREEMENT
6.1 If the Building Works do not commence within 60 days from the date of the execution of this agreement; or

6.2 If any suitably qualified person used by the Client in respect of the Building Works causes a delay in the progress of the Building Works for more than 21 days, or

6.3 If any part of the Building Works are re-designed by the Client or the Client’s representative; or

6.4 If any part of the Building is designed pursuant to a Deemed To Satisfy Provision of the BCA, and is subsequently changed by way of a Performance Solution; or

6.5 If the PC determines that additional Construction Certificates or Complying Development Certificates are required to be
issued ; or

6.6 If an amendment to the Act, the BCA or any other law that requires any aspect of the Building Works or the PC’s work to be varied; or

6.7 If the PC is required to undertake more inspections than those nominated in the fee agreement or invoice; or

6.8 If the PC is required to issue more Occupation Certificates than those nominated in the fee agreement or invoice; or

6.9 If the Client does anything that causes a delay to the Building Works or does anything that delays the ability of the PC to carry out its obligations under this contract, or

6.10 If any notice is issued by the PC, then the PC may:-
a) Vary this agreement to the extent that the PC will be able to carry out its contractual obligations; and
b) Increase the contract price, such increase to be made by way of written
notice to the Client stating the reason/s for the increase and the amount of the increase.

6.11 The variation will permit the PC to claim all costs associated with a delay as reasonably determined by the PC.

6.12 The PC reserves the right to charge the Client to investigate noncompliances where the Client has acted outside the scope of the conditions of the Development Consent at the hourly rate plus GST relevant to the level of accreditation required to undertake the work - Building Inspector - $120; Building Surveyor – restricted (Class 1 & 10 buildings) - $150; Building Surveyor – restricted (all Classes of buildings) - $200; Building Survey (unrestricted) - $250.

6.13 Notice must be given to the Client in writing when the PC becomes aware that a variation or any unforeseen contingencies occur, within 21 days after the completion of that work.

TERMINATION OF AGREEMENT
7.1 If the Client fails to pay any money owing to the PC after 7 days of that money becoming payable; or

7.2 If the Client has an execution levied against it, assigns or attempts to assign its estate for the benefit of its creditors, intends to or makes a composition or Scheme of Arrangement with creditors, has a winding up order made against it, intends to or attempts to pass a resolution for winding up, goes into liquidation, has an Official Manager or Receiver appointed, has a Mortgagee taking possession of any part of its property, has an Administrator or a Provisional Liquidator appointed, becomes insolvent or bankrupt; or

7.3 If the Client breaches the contract in any respect; or

7.4 If it is not possible to issue the Construction Certificate or Complying Development Certificate 6 months from the date of execution of this contract; or

7.5 If the Building Works do not commence within 60 days from the date the Construction Certificate or Complying Development Certificate was issued, or

7.6 If the Client does not permit the accredited certifier to issue an Occupation Certificate within 60 days from the date of Practicable Completion, or

7.7 If the Building Works have commenced without the issuing of a Construction Certificate or Complying Development Certificate, then:-

7.8 The PC may terminate this contract by sending a written Notice of Termination, stating the breach/s, to the Client. Termination will take effect as soon as the Client receives the Notice of Termination.

7.9 If the PC terminates the contract, then the PC is entitled to payment of Termination Money.

7.10 Unless the Client disputes the Notice of Termination, the Client must pay all Termination Money to the PC within 14 days of receiving a Notice of Termination.

7.11 If the PC terminates the contract, the PC is entitled to carry out a final inspection, at the owners' expense, prior to termination.

7.12 As from the date of final inspection, the Client must indemnify the PC for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from:-
a) The need to terminate this contract or the Building Contract;
b) Any matters of non-compliance with the Act on the part of the Client or any other contractors.

DISPUTE RESOLUTION
8.1 Any dispute of whatever nature to do with this contract must be referred to mediation.

8.2 If either party believes there is a dispute under this contract it must give Notice of the dispute to the other party.

8.3 The mediator must be appointed by the AAC.

8.4 The mediation will be invoked by either party serving Notice on the AAC and the other party within 7 days of a party being notified of a dispute.

8.5 Both parties must attend the mediation and must cooperate with the mediator and each other and shall give the mediator whatever the mediator requests.

8.6 If the mediator resolves the dispute, the resolution must be evidenced by a written agreement that is signed by the mediator and the parties.

8.7 If mediation fails, either party may take action to resolve the dispute in a court of competent jurisdiction.

8.8 Both parties will remunerate the mediator on a 50/50 basis, regardless of any alleged fault and regardless of the outcome.

8.9 The AAC may request mediation funds to be placed into an AAC trust account before the mediation commences and may request payment of additional moneys from time to time until the mediation is concluded.

LIMITATION OF LIABILITY
9.1 The PC’s liability to the Client in any event is limited to the fees paid by the Client to the PC under this Agreement.

9.2 The PC’s liability under this Agreement is reduced to the extent caused or contributed to by any wilful or negligent act or omission or default by the Client.

9.3 Neither party is liable to the other party for any economic or indirect or consequential losses and damages, loss of actual or anticipated revenue, profits, increased capital or financing cost, increase of operational cost or increased cost of borrowing, pure economic loss or exemplary or punitive damages.

9.4 The PC does not accept any liability, whether directly or indirectly, for any losses or damages associated with the inability to issue an Occupation Certificate due to, but not limited to, unapproved or illegal building works, non-compliance with the conditions of any approvals or consents, unsatisfactory final inspection, missed critical stage inspections, non-compliance with approved building plans or failure to pay any fees and charges to any authority or the PC under this Agreement.

9.5 Each party releases the other party from all further obligations or liability from the date which is 12 months after the final inspection by the Certifier, or where final inspection has not been requested by the Client, the last inspection by the Certifier, except for any claim or dispute that has been notified in writing before that date.

MISCELLANEOUS
10. Occupation Certificates

10.1 If, for whatever reason, an Occupation Certificate is not issued whether it be on account of the insolvency of the Client, the
disappearance of the Client or the termination of the Contract, the PC’s responsibilities under the Contract cease forthwith. With respect to any liabilities that may be occasioned under Part 4 of the Act, the PC will be able to give evidence that no action can be brought 10 years after the date upon which the act that evidenced the ending of the Contract occurred.

10.2 Upon application being made for a Construction Certificate or Complying Development Certificate, the Applicant (not being entitled to copyright) is taken to have indemnified all persons using the application and any accompanying documents in accordance with the Act against any claim or action in respect of breach of copyright.

COMPLIANCE FUNCTIONS
11.1 The PC must take any steps considered appropriate to address any non-compliances with the development consent. This may include, but is not limited to, attending the site to inspect any issue of concern relating to the development, and referring any matter of concern to any other relevant statutory authority.

11.2 Where any Written Directions Notice is to be forwarded to the Client, the address for such Notice shall be the applicant address
stated in the Application for a Construction Certificate or Complying Development Certificate, or to any other address that is notified in writing by the Client to the PC.

DEFINITIONS
The Act means the Environmental Planning and Assessment Act 1979 (NSW). All amendments and references to the Act also mean
amendment and references to the Regulations. AAC means the Association of Accredited Certifiers. Performance Solution has the same meaning as the term in the Building Code of Australia.

Applicable environmental planning instrument means the State Environmental Planning Policy or the Local Environmental Plan nominated by the Client as the instrument against which an application for a Complying Development Certificate is to be assessed.
BCA means the Building Code of Australia including all applicable amendments.

Building Contract means the contract to construct the Building Works that the Client enters into with the builder. Building Works means building works for which a Construction Certificate or Complying Development Certificate is to be issued in accordance with this contract and is referred to in the Address of the Building Works and the Title Particulars of the site.
Certificates mean statutory and non-statutory certificates.

Certification work means:
a) the determining of an application for a development certificate;
b) the issue of a development certificate;
c) carrying out the functions of a PC;
d) carrying out inspections for the purposes of Section109E(3)(d) of the
EP&A Act;
e) carrying out inspections under Section 22 Swimming Pools Act 1992 and issuing certificates of compliance under that Act.

Complying Development Certificate means a Complying Development Certificate within the meaning of the Act.

Certifier means any appropriately accredited person authorised by the PC to carry out any works in association with the determination of an application or inspection of works.

Construction Certificate means a Construction Certificate within the meaning of the Act.

Contractor licence means a licence issued under the Home Building Act 1989.

Development certificate means either a CDC or CC.

Development Consent means a Development Consent within the meaning of the Act.

Inspection Schedule means the Inspection Schedule provided in the Notice of Inspections within the meaning of the Act.

Notice includes any notice issued under the Act or this contract.

Occupation Certificate means an Occupation Certificate within the meaning of the Act.

Owner-builder permit has the meaning given to it by the Home Building Act 1989.

PC means a principal certifier appointed under Section 109E of the EP&A Act.

Practicable Completion means the date the builder has completed the Building Works in accordance with the Building Contract.

Regulations means the Environmental Planning and Assessment Regulation 2021 (NSW) and all applicable amendments.

Residential building work has the meaning given to it by the Home Building Act 1989.

Termination Money means the money owing to the PC if the PC terminates the contract in accordance with this contract, being money for work done (with interest if applicable) and for cost incurred (with interest if applicable) and any money that the Client would have been bound to pay to the PC if the contract had been totally completed.