2.1 Subject to clause 7 and 8, the Total Contract Price is the total price payable for all services.

2.2 A breakdown of the Total Contract Price will be supplied as a separate quote and will also be detailed at Schedule 1 in the Builder Agreement.

2.3 The Contractor warrants that the Total Contract Price is based on current rates approved by the NSW Self Insurance Corporation (SICorp) as manager of the Home Warranty Insurance Fund.

3.1 Payment of Contract Price

3.1.1    In consideration of the Contractor providing the services under the Builder Agreement, the Builder shall, subject to these terms and conditions, pay the Contractor in accordance with this clause 3.

3.2 Invoices and Time for Payment

3.2.1    The Contractor may invoice the Builder for Components 1 to 4, prior to undertaking the Builder Services for these components. For variations to Components 1 to 3 and for Building Services provided under Component 4, the Contractor may invoice the Builder for each individual activity, service and/or inspection immediately upon completion of that activity, service and/or inspection.

3.2.2    All claims for payment made by the Contractor shall be in the form of a Tax Invoice. No amount is payable until a valid Tax Invoice is received.

3.2.3    All claims for payment must include, and be substantiated by, itemised details of the account and the Contractor shall provide any further details in regard to the account that are reasonably requested by the Builder.

3.2.4    Components 1, 2, 3 and 4 Services

Subject to receipt of a valid Tax Invoice and documents necessary to support the invoiced amount being provided to the Builder, the Builder shall make payment to the Contractor, in advance for the services required under each component for Components 1 to 4 of the MBP.

Variations to Components 1, 2 and 3 and Component 4

Subject to the services having been provided and this clause 3.2, the Builder shall make payment for variations to Components 1, 2 and 3 and individual Component 4 activities, services and/or inspections, no later than 30 days from the date of receipt of a valid Tax Invoice and documents necessary to support the invoiced amount being provided to the Builder.

Regardless of the terms of payment under this clause 3.2.4, no further Component 4 services shall be provided by the Contractor to the Builder until such time as all previously provided services have been paid in full.

3.2.5    If the Builder disputes an invoice amount the Builder shall certify the amount it believes is due for payment and shall pay that amount and the liability for the balance of payment shall be determined in accordance with the Dispute Resolution process at clause 6 below. The Contractor shall continue to perform the services to the Builder, pending the outcome of any dispute.

3.2.6    The Contractor will not be entitled to any credit charge, service fee or any other fee or charge for extending credit or allowing time for the payment by the Builder of money becoming due for the provision of the services.

4.1 The Contractor must deliver the services promptly so as not to delay the Builder's schedule or progress.

4.2 As soon as practicable after becoming aware of any matter which is likely to delay the delivery of services, the Contractor must notify the Builder of the circumstances which the Contractor considers will give rise to the delay, and the extent or likely extent of the delay.

4.3 Notwithstanding such notification, the Contractor shall proceed to promptly rectify any delay, and provide the services in a timely manner.

5.1 The Builder acknowledges that the Contractor has obligations as part of the services provided under the MBP to provide information in relation to this Agreement and the Builder to SICorp directly or through its authorised Insurance Agents and/or their Intermediaries.

5.2 The Builder authorises the Contractor to make available to SICorp directly or through its authorised Insurance Agents and/or their Intermediaries information obtained as part of the services plus any other information concerning the Builder, including any information provided by the Builder to the Contractor and any information relating to the Builder's financial position or the Builder's performance under the MBP.

5.3 The Builder acknowledges that SICorp has the right to disclose such information for purposes relating to the Home Warranty Insurance Fund, and expressly authorises the Contractor, SICorp or its agents to provide to and share with NSW Government parties, including other agency personnel, Ministers and Parliament, any information relating to the Builder.

6.1 Disputes in relation to this Agreement shall be managed in accordance with SICorp's approved complaints processes detailed on the Contractor's website.

7.1 The parties acknowledge that the Total Contract Price for services is based on information provided by the Builder to the Contractor, when applying for services under the MBP. The Agreement may be varied as a result of the need for additional activities to be undertaken, including additional monitoring and inspections, to meet the requirements of the MBP, as determined by the Contractor, which will have the result of also varying the Total Contract Price.

7.2 Any variation to the Total Contract Price under the Agreement must be in writing and signed by both the Builder and the Contractor.

8.1 In the event that a home warranty insurance certificate has been issued, neither party to this Agreement may terminate this Agreement unless and until they have received the written permission of SICorp, through the Builder's Insurance Agent and/or its Intermediary, in accordance with the Termination procedures detailed in clause 8.2.

8.2 Termination Procedures

• a.    The party/parties the engagement of HWIS requiring termination shall submit an application or joint application for termination to SICorp, through the Builder's Insurance Agent and/or its Intermediary, stating the reasons for seeking termination.

• b.    In the event that the application is from one party only, and not a joint application, SICorp, through the Builder's Insurance Agent and/or its Intermediary shall seek further information from the other party to this Agreement.

• c.    The outcome of the application shall be determined by SICorp in its absolute discretion and advised, in writing, to the parties, through the Builder's Insurance Agent and/or its Intermediary.

• d.   If SICorp does not approve the termination of services, both the Contractor and the Builder must perform their respective obligations these terms and conditions.

• a.   a home warranty insurance certificate has yet not been applied for by and on behalf of and/or issued to the Builder, and
• b.   the Builder has engaged the Contractor to provide services, and the Builder does not subsequently proceed to enter into contract with the homeowner for the Project, for whatever reason,
• he Builder may immediately terminate the remaining services required by giving notice in writing to the Contractor.
• 8.4 In the event of termination in accordance with this clause 8, the Contractor is entitled to payment for all services properly provided up until the date of termination.

9.1 The Builder acknowledges that the Contractor provides advice and services solely for the purposes and benefit of SICorp and the Home Warranty Insurance Fund and shall not under these terms and conditions be liable to the Builder or any third party other than SICorp and/or SICorp's agents, in relation to or in connection with the Builder Services or the quality of the work