Download Standard Terms And Conditions of Purchase for Free

Standard Terms And Conditions of Purchase has been designed for use on typical business sales. This template contains terms: definitions and interpretation, evidence of contract and precedence of document, acceptance, performance by supplier, specifications, warranties and liability, delivery & title & risk, price, goods and services tax, payment, deductions, no minimum purchases or exclusivity, health & safety & environment, termination, termination at will, termination or reduction of services for convenience, supplier default, assignment, subcontracting, severability, waiver, notices, anti-corruption and bribery, dispute resolution, compliance with laws, governing law.

(3.8 based on 939 votes)

STANDARD TERMS & CONDITIONS OF PURCHASE

PROC P01; Issue 1; January 2012 Serco Sodexo Defence Services

Page 1 of 6

Commercial in Confidence

1 Definitions and interpretation

Definitions 1.1

In these terms and conditions (‘the Terms’) the following

have the meanings set out below:

‘Company’ means Serco Sodexo Defence Services Pty

Ltd or any related subsidiary.

‘Contract’ is defined in Clause 2.1

‘Deducted Amount’ is defined in Clause 11.1

‘Deliverables’ means goods, rights and services identified

in the Purchase Order.

‘Delivery Location’ means the place identified in the

Purchase Order in relation to the provision of the

Deliverables.

‘Goods’ means all goods, materials, equipment and parts

provided by the Supplier to the Company as detailed in the

Purchase Order.

“GST” means A new Tax System (Goods and Services

Tax) Act 1999 (Cth).

‘Laws’ means the requirements of all statutes, rules,

regulations, proclamations, awards, ordinances, by-laws or

Australian Standards, present or future, and whether state,

federal or otherwise.

‘Material’ means any material brought into existence as

part of, or for the purpose of producing the Supply, and

includes but is not limited to documents, equipment,

information or data stored by any means.

‘Moral Rights’ means the right of attribution of authorship

of work, the right not to have authorship of work falsely

attributed and the integrity of authorship as defined in the

‘Party’ means a party to the Contract.

‘Personnel’ means:

(a) in relation to the Supplier, any of its employees,

Subcontractors (including Subcontractors’ Personnel),

agents and representatives involved either directly or

indirectly in the performance of the Supply;

(b) in relation to the Company, any of its past or present

officers, employees, agents or representatives; and

agents or representatives involved either directly or

indirectly in the performance of the Supply.

‘Price’ is defined in Clause 8.1

‘Purchase Order’ means individual purchase orders as

may be issued by the Company to the Supplier in respect

of the Supply which shall be subject to the Contract.

‘Services’ means the work identified in the Purchase

Order to be performed by the Supplier in accordance with

the Contract.

‘Site’ means the Company's premises identified in the

Purchase Order.

‘Subcontractor’ means any person engaged by the

Supplier in accordance with Clause 19 to perform all or

any part of the Supply on behalf of the Supplier.

‘Supplier’ means the Party (as identified in the Purchase

Order) responsible for providing the Supply.

‘Supplier Default Notice’ is defined in Clause 17.2

‘Supply’ means the supply of Deliverables in accordance

with the Purchase Order.

Interpretation 1.2

Unless the context requires otherwise, the singular

includes the plural and vice versa, reference to a gender

includes all genders, reference to a ‘person’ includes a

natural person, company, body corporate or other form of

legal entity, and reference to ‘including’ and ‘includes’ is to

read as if followed by ‘without limitation’.

2 Evidence of Contract and precedence of

documents

Contract 2.1

(a) The Contract consists of the following documents:

(i) The Purchase Order;

(ii) These Terms and Conditions (‘the Terms’);

and

(iii) Any express written agreement from the

Company which is attached to, or incorporated

by reference in, the Purchase Order or these

Terms.

(b) The Company is not contractually bound until a

formal Purchase Order is placed by the Company

and then only to the extent of the issues specifically

covered by that Purchase Order.

Precedence of documents 2.2

If any of the terms of the Contract conflict with or contradict

each other, those terms will over-ride each other in the

following order of priority: (1) any express written

agreement from the Company; (2) our Purchase Order; (3)

these Terms.

Entire agreement 2.3

(a) The Contract contains the entire agreement

between the Company and the Supplier with

respect to its subject matter and supersedes all

prior communications and negotiations between

the Company and the Supplier in this regard,

unless those communications expressly form part

of the Contract.

(b) No terms or conditions submitted by either Party

that are in addition to, different from or inconsistent

with those contained herein or in the Purchase

Order, including, without limitation, the Supplier’s

printed terms and conditions, and any terms and

conditions contained in any Supplier’s quotation,

invoice, Purchase Order acknowledgment,

confirmation, acceptance, bill of lading or other

instrument, shall be binding upon either Party

unless specifically and expressly agreed to in a

writing signed by duly authorised representatives

of both parties.

3 Acceptance

(a) The Company only purchases Deliverables on

these Terms.

(b) If the Supplier accepts the Company’s Purchase

Order it will be on these Terms and no other

standard terms.

< 1 / 6 >

Download

Download Standard Terms And Conditions of Purchase for Free

Most Popular Templates