Shipping policy
1. General
1.1 These are the terms and conditions referred to in the
purchase order.
When terms and conditions apply
1.2 These standard terms and conditions (standard conditions)
apply to any contract entered into by the Australian Competition
and Consumer Commission (ACCC) issuing a purchase order to
the nominated supplier (the supplier), whether as an offer or
acceptance of an offer (the contract), where that purchase
order refers to the ACCC standard terms and conditions.
2. Interpretation
2.1 In these standard conditions:
Goods means any material, plant, item or equipment specified in
the order.
Manufacture includes grow, extract, produce, process and
assemble.
Property includes every type of right, interest or thing which is
legally capable of being owned and includes, but is not restricted
to, physical goods, equipment and real property, as well as
intangibles such as intellectual property, contract options and
goodwill.
Supplies means property and/or services as the context requires.
2.2 Headings are not part of these standard conditions.
Conditions to prevail
2.3 Subject to clause 6, these standard conditions will prevail in any
conflict between them and the terms of any offer or acceptance
by the supplier.
3. Special conditions
3.1 The contract conditions include any special conditions referred
to in the purchase order and if any such special conditions are
inconsistent with these standard conditions, the former will, to the
extent of this inconsistency, prevail.
4. Packing
4.1 Goods must be packed with the minimum of packaging material
so as to ensure its safe delivery. Environmentally friendly packaging
material shall be used where practicable.
5. Delivery
Time, place and manner
5.1 Subject to clause 9, delivery of the goods must be made at the
time, place and in the manner specified in the purchase order.
Failure to comply with the advised transport mode may render a
cost variation at the supplier’s expense.
Later delivery
5.2 The ACCC can specify in writing a later time for delivery.
Documentation
5.3 Either a delivery docket, packing note or invoice is to accompany
all deliveries made, quoting the purchase order number, quantity
dispatched, description of the supplies and consignment details.
6. Quality
6.1 The goods must be free from defects in materials and
workmanship and at least of merchantable quality.
6.2 The ACCC can inspect the goods at any time and reject those not
in accordance with the contract.
6.3 The ACCC can reject goods after acceptance if they do not comply
with the contract.
6.4 The ACCC is not liable to pay for:
rejected goods
goods damaged by inspection
or
costs associated with inspection or rejection.
6.5 If goods are rejected by the ACCC, the supplier must, without
prejudice to the ACCC’s rights:
a) replace or repair, without cost to the ACCC, the
rejected goods
or
b) remove the rejected goods and refund payment of the
rejected goods.
6.6 The supplier must comply, at no cost, with all efforts of the ACCC
to inspect the goods.
6.7 The supplier will not manufacture goods in bulk until the ACCC
has approved the purchase of goods.
7. Ownership of property
7.1 Ownership of, and risk of loss of or damage to the goods, passes
to the ACCC upon delivery.
8. Warranty
Correction
8.1 If the ACCC gives reasonable notice of any defect or omission
discovered in the goods during any warranty period, the supplier
must correct that defect or omission without delay and at no cost
to the ACCC.
Where no warranty is otherwise specified, the warranty period
shall be 90 days from acceptance by the ACCC.
Cost of warranty
8.2 The supplier must meet all costs of, and incidental to, the
discharge of warranty obligations, including any packing, freight,
disassembly and re-assembly costs.
Standard terms and conditions
2 ACCC standard terms and conditions
9. Indemnity and insurance
9.1 The supplier indemnifies the ACCC, its officers, employees and
agents against all loss, damage, injury or expense the ACCC
may sustain or incur as a result, whether directly or indirectly,
of any breach of this contract, including any action or claim for
alleged infringement of any patent, copyright, registered design,
trademark or any other intellectual property rights, by reason of
the ACCC’s receipt or enjoyment of the goods.
9.2 The supplier will, for so long as any obligations remain in
connection with this contract, effect and maintain appropriate
insurance policies. Upon request by the ACCC, the suppliers will
provide the ACCC with proof of insurance acceptable to the ACCC.
10. Payment
Due 30 days
10.1 Subject to clause 14, the ACCC must pay for the supplies no later
than 30 days after ownership of the supplies has passed to it or
upon receipt of a correctly rendered invoice, whichever is the later.
Invoices
10.2 An invoice will be correctly rendered if it is addressed in accordance
with the purchase order, identifies the purchase order number,
is a tax invoice for GST purposes and is, where explanation is
necessary, accompanied by documentation substantiating the
amount claimed.
Assignment
10.3 The supplier must not, without the ACCC’s consent in writing,
assign the supplier’s rights under the contract.
11. Subcontracting
Consent required
11.1 The supplier must not, without the ACCC’s consent in writing,
subcontract the whole or any part of the work of manufacture or
provision of the supplies.
Liability for subcontractors
11.2 The supplier will be liable to the ACCC for the acts and omissions
of any subcontractor as if those were the acts or omissions of
the supplier.
12. Applicable law
12.1 The contract will be governed by and construed in accordance
with the laws in force in the Australian Capital Territory.
13. Termination
13.1 If the supplier:
a) fails to deliver the goods by the date required by the contract
b) is in breach of any other materialterm of the contract
c) being an individual, commits an act of bankruptcy, becomes
a bankrupt, executes a deed of assignment or deed of
arrangement under Part 10 of the Bankruptcy Act 1966 as
amended or a creditor accepts a composition under that Act
or any analogous overseas law
or
d) being a corporation (other than for the purpose of a
reconstruction or amalgamation):
(i) is the subject of a compromise or arrangement with its
creditors
(ii) in respect of property of which a receiver or a receiver
and manager is appointed
or
(iii) in respect of which a provisional liquidator or liquidator
is appointed
the ACCC can, without prejudice to any other rights and remedies
it has under the contract or otherwise, terminate the contract in
whole or part by notice in writing to the supplier.
13.2 On such termination the ACCC can:
a) cease payment under the contract
b) recover from the supplier all sums paid for undelivered goods
c) purchase similar goods from alternative suppliers and claim
by way of indemnity from the supplier any loss it may occur
in doing so.
14. Compliance with Commonwealth policies
14.1 The supplier shall, in its dealings with its employees, have due
regard to Commonwealth policies on employment, including
equal employment opportunity, access and equity, affirmative
action, occupational health and safety and workplace diversity.
15. Waiver
15.1 A party’s failure or delay to exercise a power or right does
not operate as a waiver of the power or right. A waiver is not
effective unless it is in writing.
16. Variation
16.1 This contract will only be varied by written agreement between
the ACCC and the supplier. The ACCC and the supplier shall
act reasonably in deciding whether to agree to a variation, as
requested by the other party.
17. Negation of employment, partnership and agency
17.1 This contract does not create a relationship of employment,
agency or partnership between the supplier and the ACCC.
18. Price
18.1 The contract price for the supplies includes:
a) all taxes, duties and other imposts for which the contractor
is liable
b) all insurance costs
c) all amounts payable for the use (whether in course of
performance of the services or their enjoyment) of patents,
copyright, registered designs, trademarks and other intellectual
property rights
d) all charges for performances of the services
1.1 These are the terms and conditions referred to in the
purchase order.
When terms and conditions apply
1.2 These standard terms and conditions (standard conditions)
apply to any contract entered into by the Australian Competition
and Consumer Commission (ACCC) issuing a purchase order to
the nominated supplier (the supplier), whether as an offer or
acceptance of an offer (the contract), where that purchase
order refers to the ACCC standard terms and conditions.
2. Interpretation
2.1 In these standard conditions:
Goods means any material, plant, item or equipment specified in
the order.
Manufacture includes grow, extract, produce, process and
assemble.
Property includes every type of right, interest or thing which is
legally capable of being owned and includes, but is not restricted
to, physical goods, equipment and real property, as well as
intangibles such as intellectual property, contract options and
goodwill.
Supplies means property and/or services as the context requires.
2.2 Headings are not part of these standard conditions.
Conditions to prevail
2.3 Subject to clause 6, these standard conditions will prevail in any
conflict between them and the terms of any offer or acceptance
by the supplier.
3. Special conditions
3.1 The contract conditions include any special conditions referred
to in the purchase order and if any such special conditions are
inconsistent with these standard conditions, the former will, to the
extent of this inconsistency, prevail.
4. Packing
4.1 Goods must be packed with the minimum of packaging material
so as to ensure its safe delivery. Environmentally friendly packaging
material shall be used where practicable.
5. Delivery
Time, place and manner
5.1 Subject to clause 9, delivery of the goods must be made at the
time, place and in the manner specified in the purchase order.
Failure to comply with the advised transport mode may render a
cost variation at the supplier’s expense.
Later delivery
5.2 The ACCC can specify in writing a later time for delivery.
Documentation
5.3 Either a delivery docket, packing note or invoice is to accompany
all deliveries made, quoting the purchase order number, quantity
dispatched, description of the supplies and consignment details.
6. Quality
6.1 The goods must be free from defects in materials and
workmanship and at least of merchantable quality.
6.2 The ACCC can inspect the goods at any time and reject those not
in accordance with the contract.
6.3 The ACCC can reject goods after acceptance if they do not comply
with the contract.
6.4 The ACCC is not liable to pay for:
rejected goods
goods damaged by inspection
or
costs associated with inspection or rejection.
6.5 If goods are rejected by the ACCC, the supplier must, without
prejudice to the ACCC’s rights:
a) replace or repair, without cost to the ACCC, the
rejected goods
or
b) remove the rejected goods and refund payment of the
rejected goods.
6.6 The supplier must comply, at no cost, with all efforts of the ACCC
to inspect the goods.
6.7 The supplier will not manufacture goods in bulk until the ACCC
has approved the purchase of goods.
7. Ownership of property
7.1 Ownership of, and risk of loss of or damage to the goods, passes
to the ACCC upon delivery.
8. Warranty
Correction
8.1 If the ACCC gives reasonable notice of any defect or omission
discovered in the goods during any warranty period, the supplier
must correct that defect or omission without delay and at no cost
to the ACCC.
Where no warranty is otherwise specified, the warranty period
shall be 90 days from acceptance by the ACCC.
Cost of warranty
8.2 The supplier must meet all costs of, and incidental to, the
discharge of warranty obligations, including any packing, freight,
disassembly and re-assembly costs.
Standard terms and conditions
2 ACCC standard terms and conditions
9. Indemnity and insurance
9.1 The supplier indemnifies the ACCC, its officers, employees and
agents against all loss, damage, injury or expense the ACCC
may sustain or incur as a result, whether directly or indirectly,
of any breach of this contract, including any action or claim for
alleged infringement of any patent, copyright, registered design,
trademark or any other intellectual property rights, by reason of
the ACCC’s receipt or enjoyment of the goods.
9.2 The supplier will, for so long as any obligations remain in
connection with this contract, effect and maintain appropriate
insurance policies. Upon request by the ACCC, the suppliers will
provide the ACCC with proof of insurance acceptable to the ACCC.
10. Payment
Due 30 days
10.1 Subject to clause 14, the ACCC must pay for the supplies no later
than 30 days after ownership of the supplies has passed to it or
upon receipt of a correctly rendered invoice, whichever is the later.
Invoices
10.2 An invoice will be correctly rendered if it is addressed in accordance
with the purchase order, identifies the purchase order number,
is a tax invoice for GST purposes and is, where explanation is
necessary, accompanied by documentation substantiating the
amount claimed.
Assignment
10.3 The supplier must not, without the ACCC’s consent in writing,
assign the supplier’s rights under the contract.
11. Subcontracting
Consent required
11.1 The supplier must not, without the ACCC’s consent in writing,
subcontract the whole or any part of the work of manufacture or
provision of the supplies.
Liability for subcontractors
11.2 The supplier will be liable to the ACCC for the acts and omissions
of any subcontractor as if those were the acts or omissions of
the supplier.
12. Applicable law
12.1 The contract will be governed by and construed in accordance
with the laws in force in the Australian Capital Territory.
13. Termination
13.1 If the supplier:
a) fails to deliver the goods by the date required by the contract
b) is in breach of any other materialterm of the contract
c) being an individual, commits an act of bankruptcy, becomes
a bankrupt, executes a deed of assignment or deed of
arrangement under Part 10 of the Bankruptcy Act 1966 as
amended or a creditor accepts a composition under that Act
or any analogous overseas law
or
d) being a corporation (other than for the purpose of a
reconstruction or amalgamation):
(i) is the subject of a compromise or arrangement with its
creditors
(ii) in respect of property of which a receiver or a receiver
and manager is appointed
or
(iii) in respect of which a provisional liquidator or liquidator
is appointed
the ACCC can, without prejudice to any other rights and remedies
it has under the contract or otherwise, terminate the contract in
whole or part by notice in writing to the supplier.
13.2 On such termination the ACCC can:
a) cease payment under the contract
b) recover from the supplier all sums paid for undelivered goods
c) purchase similar goods from alternative suppliers and claim
by way of indemnity from the supplier any loss it may occur
in doing so.
14. Compliance with Commonwealth policies
14.1 The supplier shall, in its dealings with its employees, have due
regard to Commonwealth policies on employment, including
equal employment opportunity, access and equity, affirmative
action, occupational health and safety and workplace diversity.
15. Waiver
15.1 A party’s failure or delay to exercise a power or right does
not operate as a waiver of the power or right. A waiver is not
effective unless it is in writing.
16. Variation
16.1 This contract will only be varied by written agreement between
the ACCC and the supplier. The ACCC and the supplier shall
act reasonably in deciding whether to agree to a variation, as
requested by the other party.
17. Negation of employment, partnership and agency
17.1 This contract does not create a relationship of employment,
agency or partnership between the supplier and the ACCC.
18. Price
18.1 The contract price for the supplies includes:
a) all taxes, duties and other imposts for which the contractor
is liable
b) all insurance costs
c) all amounts payable for the use (whether in course of
performance of the services or their enjoyment) of patents,
copyright, registered designs, trademarks and other intellectual
property rights
d) all charges for performances of the services