InterELECTRICAL PURCHASE ORDER TERMS AND CONDITIONS
1. SUPPLY OF GOODS AND/OR SERVICES
1.1 In consideration of payment of the Price by JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL, the Supplier must supply to
JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL the Goods and/or perform the Services in accordance with the Purchase
Order (which includes these Purchase Order Terms and Conditions (“the Terms”)).
1.2 To the extent the Supplier's terms and conditions are supplied with the Goods or
Services (including as printed on consignment notes or other documents), those
terms and conditions will be of no legal effect and will not constitute part of this
Purchase Order (even if any representative of JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL signs those terms and conditions or annexes the terms and conditions to this Purchase Order).
1.3 Where this Purchase Order relates to Goods and/or Services the subject of a specific
written contract between the Supplier and Coates Hire, the terms of that contract
apply to the extent of any inconsistency with these Terms.
1.4 The Supplier must, in supplying the Goods or performing the Services:
(a) not interfere with InterELECTRICAL activities or the activities of any other person at
the Delivery Address;
(b) be aware of and comply with and ensure that the Supplier's employees, agents
and Suppliers are aware of and comply with:
(i) all applicable Laws;
(ii) all Site Standards and Procedures, to the extent that they are
applicable to the supply of the Goods or the performance of the
Services by the Supplier; and
(iii) all lawful directions and orders given by InterELECTRICAL representatives
or any person authorised by Law to give directions to the Supplier;
(c) ensure that the Supplier's employees, agents and contractors entering Coates
Hire's premises perform the Services in a safe manner and are properly qualified
for, and skilled in, the performance of their tasks and are of such character as not
to prejudice:
(i) safe working practices;
(ii) safety and care of property; and
(iii) continuity of work;
(d) provide all such information and assistance as JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL reasonably requires in connection with any statutory or OHSE investigation in connection with the
supply of the Goods or the performance of the Services;
(e) on request by JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL, provide to JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL and its employees, agents and
consultants any information and assistance required to identify, evaluate,
implement and report on any matter relating to the Goods and/or Services,
including:
(i) producing written reports;
(ii) recommending efficiency opportunities;
(iii) collecting data; and
(iv) monitoring or metering, in respect of anything used, produced or
created in connection with the performance of the Supplier’s
obligations under these Terms.
2. DELIVERY
2.1 The Supplier must deliver the Goods to the Delivery Address by the Delivery Date.
2.2 The Supplier must ensure that the Goods are suitably packed to avoid damage in
transit or in storage.
2.3 Packages must be marked with the Purchase Order number, item number,
destination, contents, quantity, date and method of dispatch and weight of each
package.
3. TIME FOR PERFORMANCE
3.1 The Supplier must perform the Services by the Delivery Date.
4. TITLE AND RISK
4.1 Title in the Goods passes to JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL upon payment of the Price.
4.2 Risk in the Goods passes to JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL when the Goods are delivered to the
Delivery Address and a representative of JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL has signed a receipt or delivery docket.
5. PRICE
5.1 JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL must pay the Supplier the Price for the Goods and/or Services based on
the rates and quantities set out in the Purchase Order.
5.2 JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL may direct the Supplier to alter, add to or omit all or part of the Goods
and/or Services. Unless the parties agree upon a price for such variation the varied
price shall be a reasonable price.
5.3 The Price is inclusive of all costs incurred by the Supplier in the supply of the Goods
and/or performance of the Services including all charges for packing, insurance and
delivery of the goods and the cost of any items used or supplied in the performance
of the Services.
5.4 The Price is inclusive of all taxes and duties, except GST.
6. GST
6.1 If GST is imposed on any supply made by the Supplier under or in connection with
this Purchase Order, the Supplier may recover from Coates Hire, in addition to the
Price, an amount equal to the GST payable in respect of that Supply.
6.2 The Supplier must first provide JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL with a valid tax invoice before JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL will pay the GST amount to the Supplier.
7. INVOICING
7.1 Upon delivery of the Goods and/or completion of the Services, and acceptance by
JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL, the Supplier must provide to JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL:
A valid tax invoice, which must include the information set out in clause 7.3.
7.2 JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL will, as soon as practicable after approval of the Supplier Reference Document JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL, generate a Recipient Created Tax Invoice.
7.3 A Supplier Reference Document and any invoice must include the following details:
(a) a reference to this Purchase Order and the relevant contract (if any) including the
line item numbers on the Purchase Order and the contract number;
(b) a detailed description of the delivered Goods or performed Services, including
the date of delivery and/or period of Services in respect of which the Supplier
Reference Document or invoice relates and the relevant quantity;
(c) an individual reference number for JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL to quote with remittance of payment;
(d) the Price relating to the Goods and/or Services, broken down to reflect the same
Price components on the Purchase Order;
(e) the amount of any applicable GST;
(f) JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL operation and Site; and
(g) JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL contact name.
7.4 If JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL requests, the Supplier must provide JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL with all relevant
records to calculate and verify the amount set out in any Supplier Reference
Document or any Invoice.
7.5 JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL is not obliged to approve a Supplier Reference Document or any invoice
submitted in accordance with clause 7.1(b), and may withhold approval and/or
money due to the Supplier under these Terms if the Goods or Services (or any part
of them) are Defective.
7.6 Subject to clause 7.5, JJC VENPACK SERVICES PTY LTD T/A InterELECTRICALwill pay all Recipient Created Tax Invoices and all
invoices that comply with clause 7.3 within 45 days from the end of the month in
which the invoice was received, except where JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL disputes the Supplier Reference Document or invoice, in which case:
(a) JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL may withhold payment pending resolution of the dispute; and
(b) if the resolution of the dispute determines that JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL must pay an amount to the Supplier, JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL must pay that amount only upon resolution of that dispute.
7.7 JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL may reduce any payment due to the Supplier under these Terms by any amount which the Supplier must pay JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL, including costs, charges, damages
and expenses and any debts owed by the Supplier to JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL on any account whatsoever. This does not limit InterELECTRICAL right to recover those amounts in other ways.
8. QUALITY
8.1 The Goods and/or Services must match the description referred to in the Purchase
Order, and conform to all relevant specifications, drawings, samples and
descriptions.
8.2 If the Supplier gave JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL a sample of the Goods or a demonstration of the Services, the Goods and/or Services must be of the same nature and quality as the sample or demonstration given.
8.3 The Goods and/or Services must be fit for the purpose for which goods and/or
services of the same kind are commonly supplied or bought and for any other
purpose JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL specifies.
8.4 The Goods must be of merchantable quality and, unless otherwise specified in the
Purchase Order, must be new. Services must be performed with due care, skill and
diligence, and to the standard acceptable amongst members of the trade, industry
or profession relevant to the Services.
8.5 The Goods are free of all liens and encumbrances and the Supplier has good title to
them.
9. WARRANTY PERIOD
9.1 If, during the Warranty Period, any of the Goods or Services are found to be
Defective, JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL may, at the Supplier’s cost:
(a) return the Defective Goods to the Supplier;
(b) reject the Defective Services ;
(c) repair or make good the Defective Goods; or
(d) re-perform or make good the Defective Services.
9.2 The Supplier must:
(a) repair or replace the Defective Goods;
(b) re-perform or make good the Defective Services; or
(c) reimburse JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL for any expenses incurred in repairing, performing
or making good (as the case may be) any Defective Goods or Services,
at the Supplier's cost, if requested to do so by Coates Hire.
10. DISPUTE RESOLUTION
10.1 If a difference or dispute between the parties arises in connection with the subject
matter or interpretation of these Terms, including a dispute concerning a claim in
tort, under statute, or on any other basis in law or equity available under the law
governing these Terms (“Dispute”), either party may give the other party written
notice of dispute identifying and providing details of the Dispute (“Dispute
Notice”).
10.2 Within seven days of receipt of a Dispute Notice representatives of the parties
having authority to bind the parties shall confer to seek to resolve the Dispute. If
a resolution has not been agreed within 21 days of the service of Dispute Notice,
the nominated representatives of the parties shall confer for the same purpose as
the parties’ representatives. All aspects of such conference shall be privileged.
10.3 Except for the enforcement of payment due under these Terms or to seek
injunctive or urgent declaratory relief, and subject to any agreement to the
contrary, neither party may institute legal proceedings in respect of any dispute
unless a Dispute Notice has first been given and then only after a period of 28
days from receipt of such Dispute Notice has elapsed.
11. GENERAL
11.1JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL may terminate a Purchase Order in its absolute discretion by giving the
Supplier 7 days’ notice in writing prior to the Delivery Date. In such case no Price
will be payable by Coates Hire. Termination of the Purchase Order pursuant to this
clause shall be without prejudice to the rights of either party accruing before
termination.
11.2Any amount paid by JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL to any subcontractor or supplier of the Supplier
pursuant to any notice of claim served on JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL by such subcontractor or
supplier under the Contractors Debt Act 1997 (NSW) or the Building and
Construction Industry Security of Payment Act 2002 (Vic) shall be a debt due and
payable by the Supplier to Coates Hire.
11.3 JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL shall have no liability to the Supplier in respect of any matter in
connection with the Purchase Order unless a claim together with full particulars is
lodged with JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL within 21 days of the occurrence of the event on which the
claim is based.
11.4 If any provision or part of any provision of these Terms is unenforceable, such
unenforceability shall not affect any other part of such provision or any other
provision of these Terms.
11.5 Delivery acronyms such as FCA, FOB, CIF shall be interpreted in accordance with
INCOTERMS 2000 edition.
11.6 These Terms shall be governed by the laws of New South Wales and the parties
agree to submit to the jurisdiction of the Courts of that state.
12. DEFINITIONS
InterELECTRICAL means JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL entity named in the Purchase Order.
Supplier means the party identified as such in the Purchase Order.
Supplier Reference Document means a delivery document, dispatch note, time sheet,
claim form or such other document which evidences the delivery of Goods or
performance of Services.
Defective means Goods and/or Services (or any aspect of them) which are not in
accordance with the Purchase Order or which are damaged, deficient, faulty, inadequate
or incomplete.
Delivery Address means the place for delivery specified on the Purchase Order.
Delivery Date means the delivery date specified on the Purchase Order, or a date
subsequently notified in writing by JJC VENPACK SERVICES PTY LTD T/A InterELECTRICAL to the Supplier .
Goods means the goods, if any, described on the Purchase Order.
GST has the meaning given to that term under the A New Tax System (Goods and
Services Tax) Act 1999 (Cth).
Law means:
a) Commonwealth, State and local government legislation including regulations, bylaws,
orders, awards and proclamations;
b) common law and equity;
c) Authority requirements and consents, certificates, licences, permits and approvals
(including conditions in respect of those consents, certificates, licences, permits
and approvals); and
d) guidelines of Authorities with which the Supplier is legally required to comply.
OHSE means occupational health, safety and environment.
Purchase Order means the purchase order for Goods and/or Services issued by Coates
Hire to the Supplier from time to time containing, amongst other things, a description of
the Goods and/or Services.
Price means the price set out in the Purchase Order which is exclusive of GST, but is
inclusive of all other costs and charges.
March 2010 Edition v1.0
Recipient Created Tax Invoice has the meaning prescribed in the A New Tax System
(Goods and Services Tax) Act 1999 (Cth).
Services means the services, if any, described on the Purchase Order.
Site Standards and Procedures means any other guidelines, rules, requirements or Site
specific conditions which JJC VENPACK SERVICES PTY LTD T/A InterELECTRICALmakes available to the Supplier from time to time.
Warranty Period means the period of 24 months commencing on the date of delivery
of the Goods and/or 12 months from the date on which the Service is performed.