Standard Purchase Order Conditions for all orders up to
£50,000
- Goods or services supplied must have an Official Order, the
order number of which is to be printed on all
correspondence.
- The Contract shall comprise only the Council’s Specification
where applicable, the Official Order and these Conditions of
Contract, in that order of precedence. Prices stated are fixed and
firm unless otherwise stated.
- This Contract constitutes the entire agreement between the
parties relating to the subject matter of the Contract and no terms
or conditions put forward by the Supplier (including terms relating
to hire, lease or loan) shall form part of the Contract unless
agreed in writing by both parties.
- Invoices must state full particulars of goods or services
supplied, detailing charges for labour and materials
separately.
- A Delivery Note stating the price and the order number must
accompany each delivery of goods.
- Unless otherwise stated, payment will be made by the Council
within 30 days of receipt of the correctly prepared invoice showing
the Council’s order number, subject to the goods or services being
satisfactorily supplied to the Council. Monthly statements
are not required. Invoices that fail to show the Council’s
Purchase Order Number will be returned. The Council shall be
entitled to deduct from payments any sums to which the Council may
be entitled as against the Supplier under any contract or agreement
whatsoever.
- The Supply shall be to the satisfaction of the Council and
shall conform to the Official Order.
- Without prejudice to any standard required elsewhere in the
Contract, all goods and services shall conform to any applicable
specification or code of practice issued by the British Standards
Institution or the International Standards Organisation that is
current at the date of the Proposal.
- All terms implied by statute in a contract relating to this
order shall be binding on the supplier of the goods. It shall
be the responsibility of the supplier of goods to deliver the goods
to the Council and they shall be at his risk during
transit.
- The Supplier shall comply with Council policies when on Council
premises, and particularly any that are brought to their specific
attention e.g. procedures as to access to the offices
etc..
- The Council may cancel a contract, and recover from the
contractor all losses in doing so, if any gift or money has been
offered/given by the Contractor or anyone working for it/acting as
its agent to anyone either to do/refrain from doing anything to get
any contract with the Council or to favour or not favour anyone in
relation to any contract with the Council. The Council may
also cancel a contract if the contractor or anyone working for
it/acting as its agent is found to have committed an offence under
the Prevention of Corruption Acts 1889 to 1916, or made any payment
receipt of which is an offence under Section 117(2) of the Local
Government Act 1972.
- Without prejudice to any of the rights or remedies of the
Council, property in any goods shall pass to the Council on
delivery or on written acceptance by the Council where the Goods
are to be subject to testing, whichever shall be the
later.
- The Supplier shall free of charge, immediately repair or
replace (as the Council shall elect) goods, which fail to arrive,
arrive damaged or not fit for purpose.
- The Supplier shall not infringe the intellectual property
rights of any third party.
- All intellectual property rights in any specifications,
information, instructions, plans, drawings, patterns, models,
designs or other material made available to the Supplier by the
Council or obtained by the Supplier in connection with the Contract
shall remain vested solely in the Council. The intellectual
property rights in any thing arising out of the Supply shall vest
in the Council.
- The Supplier shall comply with all applicable legislation,
including but not limited to, the Health and Safety at Work Act
1974, Race Relations Act 1976, Sex Discrimination Act 1975, and the
Disability Discrimination Act 1995, the Human Rights Act 1998 or
any statutory modifications or re-enactments thereof. The Supplier
shall comply with all Council policies of which it is
notified.
- The Supplier shall effect, with a reputable company, public and
employer’s liability and other insurances necessary to cover the
risks contemplated by the Contract and shall at the request of the
Council produce evidence of such insurance.
- Subject to clause 19 the parties, their employees and agents,
shall keep secret and not disclose, any information provided in
confidence, without the prior written consent of the other party,
except as may be necessary for the performance of the Contract. The
duty of confidentiality shall not apply to any information (i) in
the possession of the party concerned, without restriction as to
its disclosure, before receiving it from the disclosing party or
(ii) received from a third party who lawfully acquired it and who
is under no obligation restricting its disclosure, (iii) is or
becomes public knowledge (otherwise than by breach of this Clause)
and (iv) liable to disclosure under the Freedom of Information Act
2000 or any other legislation.
- The Supplier shall assist and cooperate with the Council to
enable it to comply with its obligations under both the Data
Protection Act 1998 and the Freedom of Information Act 2000
respectively
- If either the Council’s internal or external auditors or if the
Commissioner for Local Administration (the Ombudsman) investigates
the Contract, the Supplier shall provide such information, access
and cooperation as those persons may reasonably require.
- The Council may immediately terminate the Contract, by notice
in writing, if the Supplier fails to make the Supply within the
time specified in the Contract, breaches the Contract in a way
which the Council reasonably regards as irremediable, which may
include, without limitation, repeated and/or persistent breaches of
the Contract, fails within one month’s written notice to remedy a
breach of Contract which can be remedied, fails to proceed
diligently with or wholly suspends performance of the Contract, or
becomes insolvent.
- In the event of termination for breach of the Contract, the
Council may engage another Supplier to make the Supply and the
Supplier shall be liable to pay the Council as a debt any extra
cost that the Council incurs in so doing.
- If either party is unable to make or accept the Supply, through
strike, war, civil commotion, cessation or serious interruption of
communications or power supplies, exceptionally adverse weather,
fire or other unavoidable cause it shall immediately notify the
other party stating the likely length of disruption and the steps
being taken to minimise disruption to the Supply. The Council shall
notify the Supplier within 30 days whether it requires the Supply
to be recommenced, varied or cancelled (without further liability
to either party). Where the Supply is recommenced the Contract
shall be varied to extend the time for completion or delivery of
the Supply by the period of disability.
- Notices may be sent by hand or by ordinary, registered or
recorded delivery post or fax or electronic mail to the address of
the party shown on the Contract, or to such other address as the
party has notified to the other. Service shall be deemed effective
on the day when in the ordinary course of the means of transmission
it would first be received by the addressee in normal business
hours.
- The Supplier shall not without the written consent of the
Council assign or sub-contract the Contract. No sub-contracting by
the Supplier shall in any way relieve the Supplier of any of its
responsibilities under the Contract.
- No deletion, addition or variation to the Contract shall be
valid unless agreed in writing and signed by both
parties.
- No third party has any rights under the Contracts (Rights of
Third Parties) Act 1999 in connection with the Contract.
- Data relating to this Contract may be provided to bodies
responsible for auditing and administering public funds for the
purpose of preventing and detecting fraud. For more details
see the page on this website regarding use of data to prevent and
detect fraud.
- If any clause is found invalid, it shall not negate the
remainder of the Contract.
- The Contract shall be governed by English law.
- Any queries as to payment should be referred to the contact
named on the order. In the event that the query cannot
be
satisfactorily resolved by this officer the matter should be
referred to the Procurement Team (Tel. 02392 446411). Failing
resolution of the matter by these officers the matter should be
referred to the Head of Resources at the Civic Offices, Civic
Centre Road, Havant. Hants.
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