Purchase Order Terms and Conditions.
- Purchase Order
The Supplier agrees to supply the goods or services and the Purchaser agrees to purchase the goods or services in accordance with the purchase order and these terms and conditions.
If there is any ambiguity the order of precedence to the extent of the ambiguity shall be the purchase order and these purchase order terms and conditions.
The Supplier warrants that all goods or services supplied shall conform to the description in the purchase order and all applicable Australian codes, specifications, standards and laws, be free of all liens and encumbrances and as far as practicable, not impede or interfere with the operations on site or on the purchasers premises (applicable to any installation or commissioning work required).
- Assignment and Subcontracting
The Supplier shall not assign or transfer the purchase without the Purchasers prior written consent.
- Invoices, Price and Payment
All prices in the purchase order shall be fixed unless stated in the purchase order. The Supplier must send its invoice for the goods or services to the address of the Purchaser specified on the purchase order. A valid tax invoice must be provided in respect of the goods or services and must show the purchase order number, description of the goods, the price and any GST or duty component. Unless otherwise stated in the purchase order, upon acceptance of goods or services by the purchaser, payment for the goods or services shall be made within thirty (30) days after the end of the month in which a correctly rendered invoice is issued to the Purchaser. Payment for the goods or services does not imply acceptance of the goods or services by the Purchaser.
- Goods and Services Tax (GST)
Unless otherwise expressly stated all prices or other sums payable under this purchase order are exclusive of GST.
- Taxes, Duties and Imposts
The Supplier must, at its own cost, pay all taxes, duties and Government charges imposed or levied in Australia or Overseas in connection with the goods or services under this purchase order.
- Laws and Regulations
The Supplier must, at its own cost, obtain all approvals in performance of this purchase order and comply with all legislative requirements in relation to the goods or services.
- Transport, Delivery and Packing
Transport Operators must report to reception prior to entering any Excel workshop facilities for the pick up or delivery of any goods.
All goods must be packed, clearly marked and transported in accordance with the purchase order or, if not specified in the purchase order, in accordance with industry best practice.
Pallets are to be hard wood, must be in good condition with no damage and must not be overloaded. All hardwood gluts must be in good condition with no damage.
Crates are to have a strong base and must be in good condition.
- Title and Risk
Risk in the goods or services passes from the Supplier to the Purchaser when the goods are delivered to the Purchaser at the delivery address or, if applicable, on completion of installation. Title in the goods or services passes from the Supplier to the Purchaser on the earlier payment of the price or the delivery of the goods or services to the Purchaser at the delivery address or, if applicable, on completion of installation.
The Purchase shall only be liable for payment to the Supplier for the quantity of goods or services described in the purchase order.
- Inspection and Testing
The Purchaser will inspect and/or test all goods or services received by the Purchaser within 28 days of delivery. If, in the Purchasers opinion, the goods or services are not supplied in accordance with the purchase order and to the standard, quality and finish required by the Purchaser then the Supplier must, upon receiving notice from the Purchaser, replace, correct or have workmanship re-performed on the goods or services at no cost to the Purchaser within 28 days of the date of the notice.
The Supplier is liable for and shall indemnify and keep indemnified the Purchaser and its officers, employees, agents and contractors against all loss in respect of all property, and injury or death of all persons and otherwise. This indemnity is reduced proportionately to the extent to which loss is caused or contributed by the Purchaser. Notwithstanding any other provision in this purchase order, neither party is liable to the other for any consequential loss.
Where the supply of goods or services includes installation and/ or on site management, the Supplier shall effect and maintain, at its own expense, the following insurances:
Workers Compensation insurance for an amount not less than the statutory amount to cover all claims or liabilities for any accident or injury. This insurance shall include any indemnity extension and waiver of subrogation in favour of the Purchaser.
Public and Product liability insurance for an amount no less than AUD$10 Million (per accident and unlimited per period of insurance) covering liability to ant third party for death, bodily injury, loss and damage to property arising out of any act or omission in relation to the purchase order.
Motor Vehicle Third Party Liability insurance for an amount no less than AUD$10 Million (per accident and unlimited per period of insurance) covering all motor vehicles which are owned or controlled by the Supplier used in connection with the purchase order.
The Purchaser may cancel a purchase order at any time by giving the Supplier 7 day’s written notice.
Any notices must be in writing and hand delivered, sent by prepaid post, by facsimile or email to the recipients address for notices set out in the purchase order.
- ER Health, Safety and Environmental Policies and Standards
The Purchaser is committed to operating in a healthy, safe and sustainable manner. Suppliers will minimise environmental impacts over the lifecycle of the goods and services by choosing products or services that have lower adverse impacts associated with any stage in their production use or disposal. Consider use of energy, emissions to air, releases to water and waste generation. Reduce hazardous materials in purchases, including toxicity. Consider end of life cycle options including, reuse, repair, recycling and disposal options. Purchaser requires that all goods or services designed, supplied and constructed in relation to this purchase order comply with all the relevant environmental and health and safety requirements, legislative requirements, Australian standards, regulations and industry codes of practice.
The supplier shall obtain and ensure the Purchaser will have the benefit of all warranties specified in this purchase order or relevant to the goods or services.
The purchase order is governed and construed in accordance with the laws of Western Australia. The parties submit to the exclusive jurisdiction of the Courts of Western Australia.
The Supplier provides all goods or services under and in relation to this purchase order as an independent contractor and not as an agent or employee of the Purchaser.