Purchase Orders Terms and Conditions

PURCHASER – Means City of Belmont.
MERCHANDISE/SERVICES – Means all goods, chattels, plant, equipment, machinery, stores and any services performed for the Purchaser.
CONTRACT – This form when properly signed and bearing an order number is the only form which will be recognised by the Purchaser as authority for charging merchandise and services to its account and supersedes all previous communications and negotiations. This form, together with all documents attached hereto or incorporated therein by reference referred to as the Purchase Order Documents constitute the entire terms of order. No terms stated by Seller in accepting or acknowledging this order shall constitute a waiver to any of the “Terms and Conditions” as set out in these Terms and Conditions.
CONDITIONS – None of the standard conditions shall be varied, waived, discharged or released unless by the express consent of the Purchaser in writing.
QUANTITY – The quantity of the merchandise delivered shall not be greater than the amount specified unless an additional amount is authorised by the Purchaser. The Purchaser may return excess quantities to the Seller at the Seller’s expense.
PACKAGING – Unless otherwise specified, merchandise to the Purchaser is to be packaged in a manner sufficiently robust to ensure safe delivery to the required delivery point(s).
BRAND – Where a particular brand is specified that brand shall be supplied unless otherwise approved by the Purchaser.
PRICES – Prices shall be negotiated with the Purchaser prior to a purchase order being issued. All prices, charges and costs are shown in Australian Dollars. They are understood to include all customs, excise and other duties otherwise stated.
PAYMENTS – Payments will be made nett 30 days which means 30 days from the end of the month in which the tax invoice is received by the Purchaser. For example, if a tax invoice is dated anytime in January, it is paid at the end of February.
DELIVERY – If delivery of any goods or services cannot be made in accordance with instructions, the Purchaser shall be notified immediately. The Purchaser reserves the right to cancel this order or part thereof, if delivery is not completed within the time specified or within a reasonable time if the delivery date if not specified.
TAX INVOICES – The Purchaser requires one tax invoice for each purchase order number. A compliant tax invoice must show the correct order number, the Seller’s Australian Business Number (ABN), the name of the Seller and the name of the Purchaser and the destination to which the merchandise was delivered or shipped. Seller tax invoice is to show Goods and Services Tax (GST) as a separate line item, all prices stated on the purchase order will be “inclusive” of GST. Tax invoices which do not quote the Purchase order number may be returned for the information to be provided by the Seller. If Seller is not registered for GST and does not have an ABN, Seller invoice must be submitted with a Statement by Supplier form. If any duty, excise, or other similar tax or charge for which the Purchaser has not furnished or agreed to furnish an exemption certificate is applicable to this order, it must be stated separately on the tax invoice.
TERMINATION FOR DEFAULT – In the event of a breach by the Seller of any of the terms of this order, including the Seller’s warranties, the Purchaser may at its option and without prejudice to any of its other rights cancel any undelivered merchandise.
WARRANTY – Seller warrants that the merchandise will conform to its description and any applicable specifications, shall be of good merchandise quality, and fit for the known purpose for which it is sold. This warranty is in addition to any warranty or Service Guarantee stated in the Purchase Order documents.
STANDARDS – All merchandise delivered shall be according to samples (if any) and comply with all occupational health and safety standards and other standards specified. Materials differing in quality, quantity or price will not be accepted by the Purchaser without prior approval. Where no standards are specified merchandise shall be in accordance with the relevant current standard of Standards Australia.
PATENTS, TRADEMARKS AND COPYRIGHTS – Seller warrants that the sale or use of this merchandise will not infringe or contribute to the infringement of any patents, trademarks or copyrights in either Australia or Foreign Countries. Seller shall indemnify Purchaser against any loss or damage including attorney fees and other costs of defending an action from breach of this warranty.
SELLER – Seller warrants that the merchandise is free and clear of all liens and encumbrances and that the Seller has a good and marketable title to same.
SAFETY, HEALTH AND FIRE PROTECTION – Seller shall take all reasonable precautions in the performance of the services to protect the health and safety of employees and members of the public and to minimise danger from all hazards to life and property and shall comply with all national, state and local health, safety and fire protection laws, regulations and requirements (including reporting requirements). In the event that Seller fails to comply with said regulations or requirements of Purchaser, Purchaser may, without prejudice to any other legal or contractual rights of Purchaser, issue an order stopping all or any part of the work; thereafter a start order for resumption of work may be issued at the discretion of the Purchaser. Seller shall make no claim for extension of time or for compensation of damages by reason of or in connection with such work stoppage. In addition to the foregoing, Seller shall comply with all Purchaser’s safety rules and regulations and personal protective equipment requirements when working for the Purchaser.
INDEMNITY – Seller shall to the full extent permitted under applicable law, indemnify, save harmless, and upon request, defend Purchaser, and their respective officers, employees and representatives from and against all claims, legal actions, damages, liabilities, fine, penalties costs and expenses (including attorney fees) of whatsoever kind or character, including but not limited to loss of or damage to property and injury or death or persons arising out of or by reason of any act, omission, fault or negligence of Seller or Seller’s officers, employees, agents or subcontractors in connection with or incidental to this Purchase Order or the services.
STATE-LAWS – All purchases shall be governed by the laws of the State of Western Australia.
ARBITRATION – Any dispute or difference arising out of this contract shall be referred to an Arbitrator to be mutually agreed upon or failing agreement by an Arbitrator appointed in accordance with the provisions of the Commercial Arbitration Act 1985.
PRECEDENCE – Where the goods or service is under contract, the General Terms and Conditions of contract issued at that point in time will take “precedence” over the above “Terms and Conditions”.