Terms and conditions for council purchase orders
Ente: Portsmouth City Council
Paese: GB
Descrizione
Terms and conditions for council purchase orders Read the purchase order terms and conditions when supplying goods or services to the Council. 1. General These terms and conditions apply to every order placed by Portsmouth City Council ('the Council') with any individual, firm or company ('the Supplier'). No terms or conditions in or attached to any catalogue, invoice or other sales literature or document or tender or dispatch / delivery advice note of the Supplier which are inconsistent with these terms and conditions or which purport to add to or vary them in any way shall have any effect unless expressly accepted by the Council in writing. In the absence of such acceptance, the Supplier shall be deemed to have withdrawn or waived his terms or conditions and to contract solely on the basis of the Council's, and acceptance of any goods and/or services shall not constitute or be deemed to constitute acceptance by the Council of the Supplier's terms or conditions. The contract shall commence and the Supplier will be contractually bound upon the despatch of a purchase order by the Council. 2. Price The price to be paid for the goods and/or service is set out in the purchase order is a fixed priced unless specifically indicated within the purchase order and shall be exclusive of VAT. No variation of such price shall be effective unless agreed in writing between the Supplier and the Council. 3. Confirmity of purchase order 3.1 The goods and/or services supplied or performed under the contract shall: i. confirm as to the quantity, type, sort, quality and description; ii. be fit for the purpose made known to the Supplier expressly or by implication and in this respect the Council shall rely on the Supplier's skill and judgement; iii. be new (unless otherwise specified in the purchase order) and of sound materials and skilled and careful workmanship; and iv. comply with any current legislation and standards specified and where no standard is specified comply with the relevant British Standards or equivalent. 3.2 If the goods and/or services do not so comply the Council is entitled at its option either to return the goods at the risk of the Supplier and reject the goods and/or service and require the Supplier to re-perform the service or accept the whole or part of the goods and/or services supplied by the Supplier but without prejudice to any rights of the Council to claim compensation or damages for loss or damage suffered as a result of such failure to comply. 4. Delivery of goods or performance of services 4.1 All goods and/or services ordered by the Council shall be delivered or performed at the cost of the Supplier. 4.2 Failure to deliver the goods or perform the services on the date specified on the purchase order shall entitle the Council to cancel the contract without notice. 4.3 All goods and/or services shall be delivered to the address specified in the purchase order. 4.4 Before despatching the goods or commencing the provision of the services, the Supplier shall allow the Council to inspect or test the goods and/or services for compliance with the specification / purchase order. If the goods / services do not comply with the Council's requirements, the Council shall notify the Supplier either of the Council's intention to reject the goods and/or services or, the remedial steps which must be taken by the Supplier. 4.5 Risk and title in the goods and/or services shall only pass to the Council on acceptance of the goods and/or services when delivered to the address in the purchase order. The Council also reserves the right to take possession of all goods to which it has title. 4.6 Any goods lost or damaged in transit shall be restored or replaced by the Supplier at the Supplier's expense to the Council's satisfaction. 4.7 If, at any time within 3 months from the date of delivery, the goods and/or services fail to comply with the purchase order, the Council may reject the whole or any part of the goods and/or services. The Council may accept replacement goods / services from the Supplier at the Supplier's expense. 4.8 The Supplier agrees to provide a 12-month warranty in respect of all goods supplied to the Council. 5. Intellectual property 5.1 The Council retains ownership of all intellectual property rights in all documents provided by the Council in connection with or arising out of the contract. 5.2 The Supplier grants to the Council a perpetual, royalty-free, irrevocable non-exclusive licence (with right to sub-licence) to use all intellectual property rights in the goods and/or services supplied to the extent that it is necessary to fulfil its obligations under the contract. 5.3 Intellectual property rights and other rights in the goods and services shall vest in the party from whom the goods and services originate unless the goods and/or services are produced for the Council as bespoke. If the latter, the rights shall vest in the Council upon their creation. 5.4 In the event of any breach of any suc
Settori: business
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