TERMS & CONDITIONS FOR THE SUPPLY OF GOODS.
1. PURCHASE ORDER
a) The supplier agrees to provide the goods and the purchaser agrees to purchase the goods in accordance with the purchase order and these terms and conditions.
2. PRECEDENCE
a) If there is any ambiguity or inconsistency between the documents comprising the contract, the order of precedence to the extent of the ambiguity or inconsistency shall be: An executed contract between the parties in relation to the purchase; the purchase order; and these purchase order terms and conditions.
3. NOVATION, ASSIGNMENT & SUBCONTRACTING
a) The supplier shall not novate, assign or transfer the Contract without the purchaser’s prior written consent.
4. INVOICES, PRICE & PAYMENT
a) All prices in the purchase order shall be fixed unless otherwise stated in the purchase order.
b) The supplier must send its invoice for the goods to the invoice address of the purchaser specified on the purchase order.
c) A valid tax invoice must be provided in respect of the goods and must show the purchase order number, description of the goods, the price, and any GST or duty component.
d) Unless otherwise stated in the purchase order, upon acceptance of the goods by the purchaser, payment for the goods shall be made (30) days after the end of the month in which a correctly rendered invoice is issued to the purchaser. Payment for the goods does not imply acceptance of the goods by the purchaser.
5. TRANSPORT, DELIVERY & PACKAGING
a) All goods must be packed, clearly marked and transported in accordance with the purchase order or, if not specified in the purchase order, in accordance with industry best practices.
6. TITLE & RISK
a) Risk in the goods passes from the supplier to the purchaser when the goods are delivered to the purchaser at the delivery address or, if applicable, on completion of installation.
b) Title in the goods passes from the supplier to the purchaser on the earlier of payment of the price or the delivery of the goods to the purchaser at the delivery address or, if applicable, on completion of installation.
7. QUANTITY
a) The purchaser shall only be liable for payment to the supplier for the quantity of goods described in the purchase order.
8. INSPECTION & TESTING
a) The purchaser will inspect and/or test all goods received by the purchaser within 28 days of delivery.
b) If, in the purchaser’s opinion, the goods are not supplied in accordance with the purchase order and to the standard, quality and finish required by the purchaser then the supplier must, upon receiving notice from the purchaser, replace, correct or have workmanship re-performed on the goods at no cost to the purchaser within 28 days of the date of the notice.
c) If supplier doesn’t replace, fix or rectify the issue within 5 business days of receiving purchaser’s notice, purchaser reserves the right to back charge the supplier for the cost involved in fixing the issue including any administration charges.
9. INSURANCE
a) Where the supply of the goods includes installation and/or on-site management, the supplier shall affect and maintain, at its own expense, the following insurances: Pearl Construction Group, 19/105-111 Ricketts Road Mount Waverley VIC 3149 03 9548 8804
b) Workers Compensation insurance for an amount not less than the statutory amount to cover all claims or liabilities for any accident or injury. This insurance shall include an indemnity extension and waiver of subrogation in favour of the purchaser;
c) Public and Product liability insurance for an amount no less than AUD$5 Million (per accident and unlimited per period of insurance) covering liability to any third party for death, bodily injury, loss of and damage to property arising out of any act or comission in relation to the Contract; and
d) Motor Vehicle Third Party Liability Insurance for an amount no less than AUD$5 Million (per accident and unlimited per period of insurance) covering all motor vehicles which are owned or controlled by the supplier used in connection with the Contract.
10. PEARL HOMES HEALTH, SAFETY & ENVIRONMENTAL POLICIES & STANDARDS
a) The purchaser is committed to operating in a healthy, safe and sustainable manner. As such, the purchaser requires that all goods designed, supplied and constructed in relation to this Contract comply with all relevant environmental and health and safety requirements such as, but not limited to, Safe work method statements, legislative requirements, Australian standards, regulations and industry codes of practice.
11. MISCELLANEOUS
a) The supplier shall obtain and ensure the purchaser will have the benefit of all warranties specified in this Contract or relevant to the goods.
b) The terms of this Contract can only be amended or varied in a written document signed by both parties.
c) No party to this Contract may rely on the words or conduct of any other party as a waiver of any right and the purchaser can only waive its rights under or in connection with this Contract by a written document signed by the purchaser.
d) The purchaser may, in its discretion, set off any amount owing to supplier against any amount payable by the purchaser to the supplier under this Contract.
e) This Contract is governed and construed in accordance with the laws of Victoria.
f) The supplier provides all goods under and in relation to this Contract as an independent contractor and not as an agent or employee of the purchaser.