Purchase Order General Terms and Conditions

ORDER PRICE

The price of goods/services includes:

• all taxes, duties and other imposts for which the Supplier is liable
• All amounts payable for the use of patents, copyright, registered designs, royalties, trademarks and other intellectual property rights.

GOODS

All goods supplied pursuant to this Order shall be new and unused unless otherwise specified.

SPECIFICATION

All goods supplied against the Order shall be free from defects in materials and workmanship and at least be of merchantable quality and shall conform to any specification and descriptions set out on the order.

PACKAGING &
MARKING

All goods must be suitably packed at the Supplier's expense to ensure delivery in good order and condition. Each item shall be marked indicating the Territory order number and full delivery point details.

DELIVERY

All goods/services are to be delivered at the time and place detailed in the Purchase Order. Delivery of goods will be Free into Store unless otherwise specified.

INSPECTION & ACCEPTANCE

All goods are subject to check and inspection before acceptance,  which shall take place at the Territory's delivery point and the Territory may reject any goods supplied incorrectly, damaged, in excess of quantities specified on this order, or otherwise found not to be in accordance with these terms and conditions.  If the Territory rejects any goods, the Supplier must, at no expense to the Territory, remove the goods and, at the Territory's sole discretion:

• replace the rejected goods;
• refund any payment for the rejected goods; or
• repair the goods to the satisfaction of the Territory.

TERMS OF PAYMENT

Payment will be made only on a correctly rendered invoice.  Invoices which fail to correctly quote the Purchase Order number or are otherwise incorrect may be returned unpaid. Payment is due 30 days from receipt of invoice or acceptance of goods/services, whichever is later. Early settlement will be considered for discounts offered but without prejudice  to the standard 30 day payment period

PRICE VARIATIONS

No price variations will be accepted, unless the Supplier has notified the Contact Officer and that officer has accepted the variation.

CANCELLATION

The Territory reserves the right to cancel this Order in whole or part if delivery is not made by the due delivery date specified in the Order or if the Supplier is in breach of any other term or condition of the Order or if the Supplier becomes insolvent or any formal action is taken against the Supplier in respect of insolvency.

TITLE AND RISK

Risk of loss or damage to goods and title shall pass to the Territory on acceptance by the Territory.

INDEMNITY­
INTELLECTUAL PROPERTY RIGHTS

The Supplier indemnifies the Territory against all loss, damage or expense arising in respect of any action or claim for alleged infringement of any patent, copyright, registered design, royalty, trademark or any other intellectual property rights, by reason of the purchase, possession or use of the goods.

HAZARDOUS MATERIALS

The Supplier shall provide safety data sheets (SDS) for any dangerous or hazardous substances to be supplied against this Purchase Order.

ASSIGNMENT

The Supplier must not, without consent in writing from the Territory, assign the Supplier’s rights under the Contract.

APPLICABLE LAW

The Order will be governed by and construed in accordance with the laws in force in the Australian Capital Territory.

ENTIRE AGREEMENT

These terms & conditions constitute the entire agreement of the parties in relation to purchase of the goods/services specified in this Purchase Order and all other agreements  warranties and representations are excluded, except for:

• any request for tender issued by the Territory in relation to the goods/services; or
• any formal contract executed by both parties prior to the date of this Purchase Order.