Goods supplied or work carried out in respect of this order shall, in all respects, be in accordance with the details and conditions of this order and to the entire satisfaction of the Purchaser (so named overleaf) and shall fully comply with any relevant specifications upon which the Seller’s (so named overleaf) offer is accepted.
Upon acceptance of this order, the contract so formed, unless otherwise expressly stated shall be a fixed sum contract and shall not be varied as a result of fluctuations in the cost of labour and/or materials.
Unless otherwise expressly incorporated herein, this order shall not be subject to further change. Such changes shall be deemed to include, but are not limited to, changes to any cartage, packaging or protection of the goods and/or detailed within this order. Compliance with this order by the Seller shall prevail over all conditions contained in the Seller’s estimates or quotation where these are at variance with the conditions of this order or with the general conditions of the project to which the order applies.
Any goods supplied or works carried out which are not in accordance with these Purchase Order Terms and Conditions, or are defective in any way, as determined by the Purchaser, shall be forthwith removed and replaced by the Seller at the Seller’s expense. The Purchaser reserves the right in such circumstances to recover from the Seller, any financial loss which may be incurred by the Purchaser, either directly or indirectly from such an occurrence.
All goods supplied must be accompanied by a delivery docket setting out, in the same format as this order, details of the delivery. No responsibility will be accepted by the Purchaser for any goods unless delivery dockets have been signed by the Purchaser’s accredited representative, and although they may have been signed for, the Purchaser reserves the right of rejection of any goods which are not in accordance with any of the terms, conditions or warranties contained therein.
The Purchaser shall have the right of access to the premises of the Seller, solely for the purpose of inspecting and testing work carried out under this order. This order may be cancelled by the Purchaser in the event of the Seller, at any time, failing to, or being deemed unable to comply with any of the terms, conditions or warranties contained herein.
Unless otherwise specified in this order, the contract so formed is not assignable by the Seller.
This contract and the rights and obligations of the parties hereto, shall be governed by, construed and enforced in accordance with the laws of Victoria, Australia, including but not limited to OHS laws, from which this order emanates.
The Seller shall insure against any legal liability, loss, claim or proceedings whatsoever, where arising at Common Law or by virtue of any statute relation to Workers Compensation, by any person employed by him in relation to the execution of the works.
Where onsite work is to be carried out by the Seller, the Seller shall ensure that the works are carried out in accordance with all Purchaser policies and procedures. The Seller shall ensure that the Seller’s worksite is kept clean and tidy and remove all rubbish during the progress of the Seller’s work and that on completion of the works to be carried out by the Seller, all plant, equipment and tools belonging to, or hired by the Seller or any employees of the Seller, be removed and all rubbish created during the carrying of the works by the Seller, be cleared away from the site at the Seller’s expense. For the purposes of this order, works shall be defined as any erection work and/or services on an external site away from the Seller’s workshops or premises to be executed and completed in accordance with this order.
Where Works are carried out on site, the Purchaser shall supply 240V electricity (except leads, globes etc.), water (except hoses etc.), toilet accommodation and washing facilities. The Seller shall be responsible for all other facilities. If the Seller requires the use of any of the Purchaser’s plant or equipment on site pursuant to this order, such use shall be on the express condition that no warranty or other liability on the part of the Purchaser shall be created or implied as a result of such use.
In the event of the Seller neglecting to carry out the Works with due care and diligence, the Purchaser may give notice in writing to the Seller to remedy the matter. If the Seller fails to carry out the Works in a manner that is satisfactory to the Purchaser within three (3) business days of the date of such notice, the Purchaser may employ another person or such other workmen as may be necessary to complete the works. The Purchaser may deduct, charge or retain all sums of money due to the Seller which are incurred or paid as a result of the Seller’s failure to carry out the work with the appropriate level of care and diligence. The Seller shall not in any manner do or cause to be, any act or thing whatsoever to prevent the persons so employed from completing the Works.
The Seller shall be responsible for complying with all statutory requirements regarding Income Tax, Payroll Tax in respect of the Seller and all others employed by the Seller and shall comply with all the terms of any Award of an appropriate Industrial Commission, the Superannuation Scheme, WorkCover (or similar) and Long Service Leave which relates to persons employed by the Seller.
The Seller shall at the request of the Purchaser produce satisfactory evidence that all debts incurred by the Seller for wages, materials or any expenses connected with the work have been paid.
Every Seller is subject to the same retention liability as the Purchaser under the appropriate clauses in the head contract of the individual project for which the Purchaser is engaged.
Every Seller is liable for damages (and consequential loss) for any breach of this order.
The GST requirement by the Seller shall include the Seller’s ABN. The words “Tax Invoice” will be listed on all invoices/claims and the GST amount payable will be listed separately on all invoices/claims submitted by the Seller.
Payment claims are due by 25th of the calendar month. These payment claims are processed for payment 35 business days’ net from the 25th of the calendar month.
The Seller shall ensure that any goods sold in the ordinary course of business by the Seller are free of any security interest pursuant to sections 32 and 46 of the Personal Property Securities Act 2009 and that no security interest has been registered on the Personal Property Securities Register in relation to those goods.
Property and title in the goods supplied by the Seller to the Purchaser the subject of this order, will pass to the Purchaser upon full and final payment by the Purchaser of the value indicated on the order.
The Seller and Purchaser agrees that these Purchase Order Terms and Conditions constitute the entire agreement between the parties in respect of the matters set out above and supersede all previous agreements, undertakings, communications or tenders, whether written or oral.