Standard Terms and Conditions of Purchase
Unless otherwise stated on the front of the purchase order, the following terms and conditions will apply. Where there is any variation between these terms and conditions and the terms and conditions contained in any letter, quotation, tender, other communication or document of the seller, the former shall prevail in all cases. "Supplies" means all goods, materials, plant, machinery, works, services, labour, installation or technical advice, provided against this purchase order.
"Buyer" means the City of Mitcham.
"Supplier" means the person, company, firm, organisation or corporation named on the front of this order from whom the supplies have been ordered.
Preparation of Invoices and Terms of Payment
Payment by the buyer shall be made by the last working day of the month following the month of receipt of suppliers correctly completed invoice. No invoice shall be submitted until the supplies have been fully delivered.
Any invoice for payment under this Agreement must be a Tax Invoice within the meaning defined in the Goods and Services Act 1999, as amended. The buyer is not obliged to make any payment under this Agreement unless the supplier has provided a Tax Invoice in respect of that payment.
Non Acceptance of Additional Charges
All prices stated on the front of this purchase order are to include delivery and any other charges for the supplies to the nominated delivery point. No other additional charges will be payable by the buyer.
Delivery and Purchase in Default
All deliveries shall be free into Store at the point nominated on the order. The time of delivery stated on this order shall be of the essence of the contract and supplies will be delivered as and when specified. If at any time the supplier becomes aware that the agreed delivery time shall not be met, then a written explanation of the reasons for the delay together with a request for an extension of time shall be immediately sent to the buyer. Should the buyer be reasonable satisfied that the supplier could have avoided the delay, then the buyer reserves the right to cancel the order with the supplier. Where the buyer so cancels, then the supplier shall not be entitled to reimbursement for any costs associated with this order, that have been incurred prior to cancellation.
Indemnity of Patent Rights
The supplier shall indemnify and deep indemnified the buyer against all actions and claims arising out of the use of exercise of any invention by reason of the purchase, possession or use of the supplies or part thereof.
Indemnity and Insurance
The supplier shall indemnify the buyer from any loss, damage, liability, costs, expenses or claims suffered by or brought against the buyer arising from any supplies provided by the supplier under this contract (including where appropriate the erection, installation, repair or operation of any plant or equipment) whether in respect of injuries or death of any person, including employees of the buyer and supplier or of damage to any property.
Where requested by the buyer, the supplier shall produce without delay, copies of relevant insurance policies including but not limited to: public liability insurance, professional indemnity insurance and a certificate of Work Cover registration.
Legislative and Statutory Requirements including Work, Health, Safety and Environmental Requirements
The supplier shall comply with all legislative and statutory requirements in the delivery of the supplies.
Where relevant, the supplier shall provide supplies in accordance with:
- The Work, Health and Safety Act 2012 and Regulations and all relevant Codes of Practice and Standards there under, as amended
- The South Australian Environment Protection Act 1993, and all Policies and relevant Codes of Practice there under, as amended.
Where the supplier has Quality and WHS or Environmental safety systems in place for services, the supplies provided shall conform with those systems and the supplier will provide documentary evidence of such conformance to the buyer as and when requested.
The supplier shall be responsible to obtain and comply with the buyers WHS internal requirements when the contract includes works and services on the buyers property.
Return of Oversupplies
The buyer shall return all oversupplies against this order at the suppliers expense.
Inspection, Testing and Acceptance
Acceptance shall not be deemed to have occurred until the buyer has been given a reasonable opportunity to inspect, test and accept the delivered supplies.
Risk, Title and Ownership of Supplies
Title and/or ownership of supplies shall not vest with the buyer until payment has been made to the supplier. The risk for any supplies shall remain with the supplier until delivery has been made to the buyer in accordance with the terms and conditions of this order.
Supplies to be in Accordance with Contract Standards
The supplies shall be of the qualities and standards specified in the order and shall conform in all respects to any sealed patterns, specifications, plans, drawings, samples and other particulars specified on the order. All supplies provided against this contract, where relevant, shall comply with applicable Australian Standards.
The supplier shall guarantee that all supplies provided against this contract conform to the standards specified on the purchase order, are of merchantable quality and are fit for the intended purpose for which they are sold. The supplier shall further guarantee all supplies provided against this purchase order against all defects arising from faulty materials, workmanship or design for a period of twelve (12) months from date of acceptance, after delivery by the supplier and any defective supplies shall be immediately repaired or replaced at suppliers cost, which cost shall also include any transport, packaging and any other associated charges. The total price stated on the order shall be exclusive of GST.
All prices stated on the purchase order are firm and are not subject to variation for any reason whatsoever.
In the event of any breach by the supplier of any of the terms and conditions of this contract, the buyer may at its option and without prejudice to any of its rights or remedies, cancel all or any undelivered supplies upon reasonable notice in writing to the supplier.
No failure or omission to carry out or observe any of the stipulations or conditions of this contract shall, except as herein expressly provided to the contrary, given rise to any claims against either party or be deemed to be a breach of the contract, if such failure or omission arises from any cause reasonably beyond the control of either party.
Accounts for Payment
All statements and accounts for payment are to be submitted to:
City of Mitcham
Accounts Payable Section
PO Box 21 Mitcham Shopping Centre
(131 Belair Road)
TORRENS PARK SA 5062