GENERAL CONDITIONS OF PURCHASE ORDER
The supplier agrees that following receipt of Official Purchase Order that where delivery is made or works commenced this shall be deemed as acceptance of all conditions contained herein.
The purchase price of the Goods specified in the Purchase Order is fixed firm and includes delivery charges to the place nominated, charges for packing, wrapping, cartons, crating or GST as applicable with no variations unless otherwise agreed in writing by the Purchaser.
The supplier shall deliver the whole of the Works in perfect condition, repair and working order to the satisfaction of the Purchaser, and should he fail so to do without delay it shall be lawful for the Purchaser to employ some other person to remedy any defects that may exist in the same and the expense incurred in so
doing shall be borne by the Supplier and may be recovered by the Purchaser from the Supplier notwithstanding that the Manager may previously have expressed satisfaction in regard thereto.
4. CLAIMS, LIENS AND ENCUMBRANCES
The works covered by this Purchase Order shall be free and clear of all claims, liens and encumbrances and the Supplier
specifically agrees to indemnify and save harmless the Purchaser against all claims, liens or encumbrances in respect.
5. REPRESENTATION OF SUPPLIER AND SERVICE OF NOTICES
(a) The Supplier where applicable when he is not personally superintending the Works must have a responsible representative in charge.
(b) Any instructions to be given to the Supplier under the Purchase Order shall be duly given by being given to the Supplier or his representative aforeaid.
(c) The Supplier shall be deemed to have been served with any notice or order which shall have been posted to his address as exhibited on the Purchase Order handed to him or his representative.
(a) The Supplier shall be deemed to be in default when the Supplier:
(i) neglects or omits properly to carry out any instructions or requirements of the Purchaser, the Manager or the Engineer given or made in accordance with the Purchase Order;
(ii) fails to complete the Works within the time or times specified in or under the provisions of the Purchase Order;
(iii) intimates that he is unable or unwilling to complete the works;
(iv) becomes bankrupt or makes an assignment of his estate for the benefit of his creditors or makes an an arrangement or composition with his creditors or being a corporation goes into liquidation (except for the purpose of reconstruction) or commences to carry on business under a receivership then in such event the Purchaser may after not less than three clear days’ notice to the Supplier;
(a) remedy any default or omission of the Supplier at the cost of the Supplier;
(b) take the works wholly or partly out of the control of the Supplier and adopt such means as may seem to it best to complete the same;
(c) cancel the Purchase order
(b) No action taken by the Purchaser under this condition shall operate to the prejudice of the right of the Purchaser to recover from the Supplier or to deduct from any money due or to become due to the Supplier all losses, costs, charges and expenses which the Purchaser shall have incurred or sustained by reason of any act default or omission of the Supplier in the performance of the Purchase Order.
7. CANCELLATION OF PURCHASE ORDER
(a) If the Purchase Order is cancelled under the power conferred by Clause Six (6) hereof or under any other power it shall be deemed cancelled as from the date when notice thereof in writing under the hand of the Manager is served upon the Supplier.
(b) The Purchaser may so cancel the Purchase Order whether the time limited for the completion of the Works has expired or not and the Supplier shall cease work immediately.
(c) On such cancellation of the Purchase Order all moneys which have been previously paid or have become payable to the Supplier shall be deemed to be in full satisfaction of all claims of the Supplier of any kind or description whatsoever under or in respect of the Purchase Order.
(d) Such cancellation shall be without prejudice to any rights and remedies of the Purchaser arising out of any antecedent breach of the Purchase Order.
8. DISPUTE ARBITRATION
Any question or dispute arising between the Supplier and the Purchaser upon or in connection with the Purchase Order shall be determined in accordance with the laws for the time being in force relating to the reference of such dispute to arbitration and the law of Purchase Order governed by and construed according to the law of the State of Queensland.
9. MANUALS AND DRAWINGS
Notwithstanding all other conditions contained or implied herein, this Contract shall not be deemed to be completed until all relevant manuals and drawings have been supplied to the Purchaser.
The Supplier shall warrant his design and equipment to be suitable for, and capable of meeting the conditions
and services required. Should the design and / or equipment fail to meet these requirements, the Supplier shall furnish all engineering design, drawing, equipment, materials and labour, without cost to the Purchaser as required to fulfil the warranty. This warranty shall apply and be in force, for one year from the date upon which the equipment is accepted by the Purchaser save where otherwise waived in writing by the Purchaser.