Standard Terms And Conditions

1.1 These are the terms & conditions referred to in the purchase order.

When terms and conditions apply

1.2 These standard terms and conditions (standard conditions) apply to any contract entered into by the Australian Competition and Consumer Commission (ACCC) issuing a purchase order to the nominated supplier (the supplier), whether as an offer or acceptance of a request (the contract), where that purchase order refers to the ACCC standard terms and conditions.

2. Interpretation

2.1 In these standard conditions: Goods means any material, plant, item, or equipment specified in the order. Manufacture includes growing, extracting, producing, process, and assembling. The property consists of every type of right, interest, or thing which is legally capable of being owned and includes, but is not restricted to, physical goods, equipment, and real property, as well as intangibles such as intellectual property contract options, and goodwill. Supplies mean property and services as the context requires.

2.2 Headings are not part of these standard conditions.

Conditions to prevail

2.3 Subject to clause 6, these standard conditions will prevail in any conflict between them and the terms of any offer or acceptance by the supplier.

3. Special conditions

The contract conditions include any extraordinary needs referred
to in the purchase order, and if any such special needs are inconsistent with these standard conditions, the former will prevail to the extent of this inconsistency.

4. Packing

Goods must be packed with the minimum of packaging material to ensure safe delivery. Environmentally friendly packaging material shall be used where practicable.

5. Delivery

Time, place, and manner

5.1 Subject to clause 9, the goods must be delivered at the time, place, and manner specified in the purchase order. Failure to comply with the advised transport mode may render a cost variation at the supplier’s expense.

5.1A. Each is entitled to one free delivery; if the company sends it to the wrong address, we may redirect and resend the order after it was returned to us; however, if the customer provides an incorrect address and the item can not be delivered, and customer requests resending, we may charge for shipping costs.

5.1B. If a customer requests a refund., As a result, the item can not be delivered; if the company sends it to the wrong address, we will issue a full refund; however, if the customer provides the incorrect address, we may charge shipping and admin costs of @2.5 per each line plus GST. 

Later delivery

5.2 The ACCC can specify in writing a later time for delivery.

5.3 A delivery docket, packing note, or invoice is to accompany all deliveries made, quoting the purchase order number, quantity dispatched, description of the supplies, and consignment details.

6. Quality

6.1 The goods must be free from defects in materials and

artistry and at least of merchantable quality.

6.2 The ACCC can inspect the goods at any time and reject those not by the contract.

6.3 The ACCC can reject goods after acceptance if they do not comply with the contract.

6.4 The ACCC is not liable to pay for:

• rejected goods

6.5 If the ACCC rejects goods, the supplier must without prejudice to the ACCC’s rights:

a) replace or repair, without cost to the ACCC, the rejected goods

or

b) remove the rejected goods and refund payment of the refused goods.

6.6 The supplier must comply, at no cost, with all efforts of the ACCC to inspect the goods.

6.7 The supplier will not manufacture goods in bulk until the ACCC has approved the purchase of goods.

7. Ownership of property

Ownership of, and risk of loss of or damage to the goods, passes

to the ACCC upon delivery.

8. Warranty Correction

8.1 If the ACCC gives reasonable notice of any defect or omission discovered in the goods during any warranty period, the supplier must correct that defect or omission without delay and at no cost to the ACCC.

Where no warranty is otherwise specified, the warranty period shall be 90 days from acceptance by the ACCC.

Cost of warranty

8.2 The supplier must meet all costs of, and incidental to, the discharge of warranty obligations, including any packing, freight, disassembly, and reassembly costs.

9. Indemnity and insurance

9.1 The supplier indemnifies the ACCC, its officers, employees, and agents against all loss, damage, injury, or expenses the ACCC may sustain or incur as a result, whether directly or indirectly,
of any breach of this contract, including any action or claim for alleged infringement of any patent, copyright, registered design, trademark, or other intellectual property rights by the ACCC’s receipt or enjoyment of the goods.

9.2 The supplier will effect and maintain appropriate insurance policies for so long as any obligations remain in connection with this contract. Upon request by the ACCC, the suppliers will provide the ACCC with proof of insurance acceptable to the ACCC.

10. Payment

Due 30 days

10.1 Subject to clause 14, the ACCC must pay for the supplies no later than 30 days after ownership of the stores has passed to it or upon receipt of a correctly rendered invoice, whichever is the latter.

Invoices

10.2 Aninvoicewillbecorrectlyrenderedifitisaddressedinaccordance with the purchase order, identifies the purchase order number,
is a tax invoice for GST purposes, and is where an explanation is necessary by documentation substantiating the amount claimed.

Assignment

10.3 Thesuppliermustnot,withouttheACCC’sconsentinwriting, assign the supplier’s rights under the contract.

11. Subcontracting

Consent required

11.1 Thesuppliermustnot,withouttheACCC’sconsentinwriting, subcontract the whole or any part of the work of manufacture or provision of the supplies.

Liability for subcontractors

11.2 ThesupplierwillbeliabletotheACCCfortheactsandomissions of any subcontractor as if those were the acts or omissions of the supplier.

12. Applicable law

The contract will be governed by and construed in accordance

with the laws in force in the Australian Capital Territory.

13. Termination

(ii) in respect of property of which a receiver or a receiver and manager is appointed

or

(iii) in respect of which a provisional liquidator or liquidator is appointed

the ACCC can, without prejudice to any other rights and remedies under the contract or otherwise, terminate the contract in whole or part by notice in writing to the supplier.

13.2 On such termination, the ACCC can:

1. a) cease payment under the contract
2. b) recover from the supplier all sums paid for undelivered goods
3. c) purchase similar goods from alternative suppliers and claim by way of indemnity from the supplier any loss it may occur in doing so.

14. Compliance with Commonwealth policies

In its dealings with its employees, the supplier shall have due regard to Commonwealth policies on employment, including equal employment opportunity, access and equity, affirmative action, occupational health and safety, and workplace diversity.

15. Waiver

A party’s failure or delay in exercising a power or right does not operate as a waiver of the fuel or right. A waiver is not effective unless it is in writing.

16. Variation

Thiscontractwillonlybevariedbywrittenagreementbetween the ACCC and the supplier. The ACCC and the supplier shall reasonably decide whether to agree to a variation, as requested by the other party.

17. Negation of employment, partnership, and agency

Thiscontractdoesnotcreatearelationshipofemployment, agency, or partnership between the supplier and the ACCC.

18. Price