Contracts

Standard Terms and Conditions of Purchase
These are the Council's standard terms and conditions of purchase and apply to all purchase orders for goods, services and works placed by the Council.

1. Receipt of Orders

1.1 No goods or services are to be supplied except against the Council's official Purchase Order.

2. Precedence of Conditions

2.1 Subject to clause 2.3 below, unless otherwise expressly agreed in writing by an authorised officer of the Council, these Conditions shall override any conditions or terms stipulated or referred to by the Supplier. An authorised officer of the Council must agree any amendments in writing.

2.2 The acceptance of a Purchase Order and the supply of goods/services to the Council by the Supplier shall be deemed to be conclusive evidence of the acceptance of these Conditions by the Supplier.

2.3 For the avoidance of doubt where the Council enters into a formal written contract or agrees additional terms and conditions with the Supplier for the supply of goods/services and where there is a conflict between the terms of that formal written contract or the additional terms and conditions and these Conditions then the terms of the formal written contract or the additional terms and conditions shall apply.

2.4 Any specifications, drawings and the like relating to the goods/services or works to be supplied or executed against a Purchase Order are expressly incorporated into and form part of these Conditions and the Supplier shall supply the goods/services or execute the works fully in compliance with any such specifications, drawings and the like.

3. Prices

3.1 All prices given are for the supply of goods/services to the designated delivery point and at the specified time and date stated on the Purchase Order and are fully inclusive of all charges, except VAT at the prevailing rate where appropriate.

4. Deliveries

4.1 Unless expressly agreed in writing otherwise, any agreed times for the supply of goods/services or the completion of works shall be of the essence.

4.2 If there is, or is likely to be, any significant delay in completing a Purchase Order the Supplier shall, as soon as reasonably practicable after becoming aware of this fact, give written notice to the Council giving the reasons for any actual or anticipated delay and details of any revised delivery dates. Where the reasons for any actual or anticipated delay are beyond the reasonable control of the Supplier, the Council will act reasonably in deciding whether or not to grant an extension of time to the Supplier to comply with a Purchase Order or agree any other appropriate arrangement with the Supplier
 
4.3 Delivery notes must be supplied with every delivery against a Purchase Order. Every delivery note must quote the Council's Purchase Order number and must provide the full contact name, address and telephone number of the Supplier.

4.4 It is the Supplier's responsibility to ensure that goods are delivered to the delivery point specified in the Purchase Order. 

4.5 Unless expressly agreed in writing otherwise, deliveries will only be accepted between Mondays to Friday (except bank holidays) during office hours.

5. Acceptance of Goods/Services

5.1  An authorised officer of the Council must sign for goods delivered. However, such a signature does not by itself constitute the Council's acceptance of the quality or quantity of the goods delivered, even where any delivery note provided to the Council by the Supplier states that any such signature confirms that a specified quantity of goods have been received in a specific condition.

5.2 The Council reserves the right for good and sufficient reason to reject inferior or defective goods. The Council will notify the Supplier in writing with reasons for rejection and will request the Supplier to remove any such rejected goods. Rejected goods will remain the property of the Supplier at all times and the Council will be under no obligation to pay fro them.

6. Services and Works

6.1 Where a Purchase Order includes or is for the supply of services or the execution of works the Supplier will provide or execute the same only by appropriately qualified persons acting with due skill and care. Works shall be completed with due diligence and in a good and workmanlike manner and strictly in compliance with any agreed specifications, drawings and the like.

7. Payment

7.1 The Council will not make any payment to the Supplier unless the Supplier is in receipt of an official Purchase Order.

7.2 If appropriate, separate invoices must be rendered for each part delivery against a Purchase Order. The Purchase Order number must be correctly quoted on all invoices. The Council is registered for VAT (reg. No. 222-4213-18) and requires tax invoices from all VAT registered Suppliers.

7.3 Subject to compliance by the Supplier with these Conditions and unless otherwise agreed in writing the Council will make payment for goods/services or works supplied or executed within 30 days of receipt from the Supplier of an invoice correct in all material particulars.

8. Insurance

8.1 The Supplier shall indemnify the Council against all claims or demands whatsoever arising from or incidental to the carrying out of any works or the supply of goods/services against a Purchase Order.

8.2 The Supplier must maintain in force relevant insurance policies to cover potential liabilities under clause 8.1 and must produce satisfactory evidence to the Council of such insurance policies with current premium receipts upon reasonable request prior to the commencement of works, or the supply of goods/services as appropriate.

9. Health & Safety

9.1 Suppliers must comply with all health and safety legislation. In addition to complying with all relevant legislation, the Supplier must, when on the Council's premises or carrying out work for and on behalf of the Council, comply with the Council's health, safety and welfare at work policies and procedures made under them. The policies and procedures are available for inspection from an authorised officer of the Council. 

10. Bankruptcy and Corruption

10.1 If the Supplier is unable to complete a Purchase Order through bankruptcy, liquidation or receivership then the contract created by the Purchase Order shall automatically determine.

10.2 The Council shall cancel the Purchase Order and seek to recover from the Supplier any loss resulting from such cancellation if the Supplier is party to any corrupt practices or improper conduct. This includes activities such as offering improper inducements or gifts to anyone in connection with the Purchase Order and acts prohibited by the Prevention of Corruption Acts 1889-1916 and the Local Government Act 1972.

11. Law

11.1 This contract is subject to the law of England and Wales