JAYDO General Conditions of Purchase
(1) APPLICATION OF CONDITIONS
These conditions govern the rights and obligations of both the Supplier and the company issuing the purchase order on the reverse side of these conditions (the “Purchase Order”) and whose letterhead appears thereon (the “Purchaser”). No document or statement other than these conditions and the Purchase Order shall form part of the contract unless otherwise agreed in writing by the Purchaser. If there is a conflict between these conditions (as varied with the Purchaser’s written agreement) and any other document or statement forming part of the contract, these conditions (as varied) shall prevail. The acceptance by the Supplier of the Purchaser’s order shall constitute a binding contract between the Supplier and the Purchaser.
(2) PRICE
The Unit Prices and Values indicated on the Purchase Order for the goods and /or work the subject of the contract (“the Goods” and/or “the Work” as the case may be) include, as appropriate, the cost of delivery free into the store to the address stated in the Purchase Order and any insurance, duty, taxes and packing costs any other costs and expenses associated with manufacturing, delivering and/or supplying the Goods or the Work.
(3) DELAYS
If the Supplier fails to make deliveries within the time specified, the Purchaser has the option to terminate this Purchase Order or such part or parts thereof to which there has been a delay without incurring cancellation or any other charges.
(4) NON-WAIVER
Failure of Purchaser to insist upon strict performance of any of the terms and conditions herein shall not be deemed a waiver of any subsequent default of them. The shipping or receiving of any article under the Purchase Order shall not be deemed a waiver of any rights for any prior failure by the Supplier to comply with any of the terms and conditions of this Purchase Order.
(5) NO ASSIGNMENT
This Purchase Order shall not be assigned by the Supplier without the prior consent of the Purchaser.
(6) INFRINGEMENT
Supplier warrants that the articles described herein and the sale or use of them will not infringe any patent, copyright or other intellectual property right and the Supplier covenants that it will defend at its own cost and expense every action which may be brought against Purchaser or those selling or using Purchaser’s product for any alleged infringement of any patent by reason of the sale or use of such articles and Supplier agrees to pay all costs, damages, fines and profits recoverable in any such action.
(7) COMPLIANCE
Supplier agrees to comply with all laws and regulations in any way affecting this Purchase Order. All laws and regulations required to be incorporated into contracts of this character are hereby incorporated by this reference.
(8) CODE OF PRACTICE
The National Code of Practice for the Construction Industry (Code) and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, August 2009 (Guidelines), apply to this project. By agreeing to undertake the works, you will be taken to have read and to agree to comply with the Code and Guidelines.
The Victorian Government’s Code of Practice for the Building and Construction Industry (Victorian Code) and the Victorian Government ’s Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry (Victorian Guidelines) apply to this Purchase Order. By accepting this Purchase Order, the provider warrants that it is not precluded from accepting the works and agrees that it will be deemed to have read and understood and that it will comply with, the Victorian Code and Victorian Guidelines.
(9) CHANGES
The Purchaser has the right at any time to make changes in quantities ordered or in specifications and drawings. If the Purchaser forwards an amended order changing the quantity so ordered or changing the specifications and drawings and such changes cause an increase or decrease in the amount due then a variation shall be made to allow reasonable remuneration for the work that has been completed but no cause of action for breach of contract or other right of action shall arise or be instituted by the Supplier as a result of such amended order and the only remedy for the Supplier will be the right to payment of a reasonable remuneration for that part of the order that has been completed. If such changes result in an increase or decrease in the time required for performing a reasonable variation of such time shall be made. Any claim for adjustment under this provision must be made within two weeks from the date when the change is made.
(10) WARRANTY
Notwithstanding Purchaser’s acceptance or right of inspection and /or other terms or conditions herein, Supplier warrants that all articles furnished under this Purchase Order are free from any defects in design, materials and workmanship and that the articles fully comply with specifications and where not specified that the articles are suitable and fit for the use intended. Purchaser relies on this warranty by Supplier in Purchasing, the articles covered by this Purchase Order. Any Goods provided under this Purchase Order shall be covered by a twelve-month product warranty against defective design, materials or workmanship. The product warranty starts on delivery.
(11) INSPECTION AND TESTING
The Purchaser, his insurers and the principal for whom the Goods or Work are intended shall be entitled to inspect and test the Goods or Work, prior to delivery, whether on the Supplier’s premises or the premises of any subcontractor and the Supplier shall provide attendance and assistance. Such inspection and testing shall not release the Supplier from any obligation of this Purchase Order.
(12) REJECTION
The Purchaser may at any time whether before or after delivery reject any Goods or Work found to be inferior or defective or damaged or not in accordance with this Purchase Order. This condition shall apply notwithstanding that the Goods or Work have been inspected or tested or that the Purchaser has paid for the Goods or Work.
(13) DELIVERY OF GOODS
Delivery shall occur when the Goods have been delivered in good condition at the address stated in the Purchase Order at a point stipulated by the Purchaser’s representative and receipt thereof has been given by such representative. All the Goods shall remain at the Supplier’s risk until delivery is affected.
(14) INSURANCE
Supplier shall not rely on insurance cover of any description by the Purchaser in respect of his plant, equipment or employees, which may be on hire to the Purchaser, except where the Purchaser has agreed in writing prior to the commencement of hire to provide cover. If requested, the Supplier shall produce evidence of the currency of Worker’s Compensation, Third Party Liability and Plant Insurance Policies.
(15) TERMS OF PAYMENT
Unless otherwise specified, payment shall be due to the Supplier within Forty-Five (45) days of the end of the month in which Supplier’s invoice for the Goods is received by the Purchaser, provided that all other terms of the Purchase Order have been observed.
(16) PRICE VARIATION
Unless stated in the body of the Purchase Order, the cost of the Goods or Work shall be fixed and not subject to escalation.
(17) SITE DELIVERY INSTRUCTION
All persons making deliveries to construction sites must wear the following PPE; high visibility safety vest, safety boots, safety helmet, long sleeves and long pants.
Conditions of entry to the site:
- Contact must be made with the site prior to the delivery to ensure the availability of site personnel to accept the delivery
- The delivery driver must have the appropriate licenses to operate plant and/or crane truck for unloading. The licenses must be carried at all times and available for viewing when requested
- The delivery driver must have the appropriate SWMS available for viewing when requested. The SWMS are to be revised and signed onto before carrying out any high-risk activity.
- The driver must not work from height unless they have the appropriate controls in place to do so (i.e. fall protection).
- The delivery driver must wait for approval from site personnel that the above conditions have been met prior to unloading. Failure to comply with the site safety conditions may result in the load being rejected and returned.
(18) WORK HEALTH AND SAFETY
The current legislative requirements of the WHS are to meet in the provision of all products/services. This includes a systematic approach to WHS, training, supervision instruction and maintaining records applicable to WHS hazards and related control measures.