FORMING A CONTRACT Sample Clauses

FORMING A CONTRACT. 11.3.1 A separate Contract will be formed between the Service Provider and an Agency when an Agency issues an Order to the Service Provider and the Order is signed by both parties. 11.3.2 An Agency may issue an Order to the Service Provider in the format provided in Schedule 6 (Order Template), or similar format, at any time during the Head Agreement Period.
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FORMING A CONTRACT. 5.1 The legal documentation. The legal arrangements for the provision of Services are set out in the following two documents: (a) a separate formal written niche agreement between you, as Niche Owner, and us, Mid-England Xxxxxx Ltd, under which you will be granted the right to use and access a Niche for a defined period and (b) these terms and conditions, including the Site Rules, which appear in the Schedule at the end of these terms.
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FORMING A CONTRACT. 11.3.1 A separate Contract will be formed between the Legal Services Provider and an Agency when an Agency issues an Order to the Legal Services Provider (Ordered Services) unless the Order is rejected in accordance with clause 11.3.4. 11.3.2 An Agency may issue an Order to the Legal Services Provider in the format provided in Schedule 6 (Order Template), or similar format provided by the Agency, at any time during the Head Agreement Period. 11.3.3 An Agency’s Order may include a Bundling Arrangement. 11.3.4 The Legal Services Provider may promptly reject an Order for the following reasons: (a) where the Legal Services Provider would have a Conflict of Interest; or (b) where the Legal Services Provider would have insufficiently skilled Personnel to perform the Legal Services required by the Agency; or (c) where the Legal Services Provider is unable to perform the Legal Services within the timeframes required by the Agency; or (d) subject to clause 11.4, where the Order is not substantially in accordance with the RFQ or the terms of the Head Agreement.
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FORMING A CONTRACT. 4.1 The legal documentation. The legal arrangements for the provision of Services are set out in the following two documents: (a) a separate formal written agreement between you, as Niche Owner, and us, the Site Owner, under which you will be granted the right to use and access a Niche or Niches for a defined period (this is called a Niche Agreement); and (b) the terms and conditions set out in these terms, including the Site Rules, which appear in the Schedule at the end of these terms. 4.2 How you make a contract. If you wish to use the Services you will be required to sign a Niche Agreement and pay the required charges (called Charges) by cheque, credit or debit card. 4.3 When you have signed the Niche Agreement and returned it to us you accept that a contract will come into existence once each Site Owner has also signed the Niche Agreement. The Services will be provided subject to both the Niche Agreement and to these terms.
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FORMING A CONTRACT. 8.1 In this clause 8 a "detail" means an item of information necessary to be stated in the Official Order under a provision of the Standard Contract Terms in order to give substance and meaning to the provision in question. 8.2 When a Customer wishes to acquire a Service, «Short_Name» shall, subject to this Head Agreement, only provide that Service to the Customer on the basis of this Head Agreement, the Standard Contract Terms and the Official Order. 8.3 Every detail necessary to complete an Official Order must be agreed between the Customer and «Short_Name» before the Official Order is placed. If the details are unable to be agreed, then «Short_Name» must not accept the Official Order. 8.4 When an Official Order is accepted by «Short_Name», a Contract is formed between the Customer and «Short_Name» for the Service to which the Official Order relates. 8.5 The Contract comes into force on the date upon which «Short_Name» accepts the completed Official Order unless the Official Order states that the Contract commences from some other time. «Short_Name» agrees to supply the Service in accordance with this Head Agreement and the Contract. 8.6 The Commonwealth acknowledges and agrees that «Short_Name» may conduct such negotiations with a Customer as «Short_Name» and the Customer see fit, provided however, that such negotiations shall, to the extent they relate to Services, not be inconsistent with the processes set out in this Head Agreement. Such discussions may, however, without limitation, relate to services not expressly referred to in this Head Agreement. 8.7 Notwithstanding clause 8.6, Finance has the right to review: (a) any Contract prior to it being formed under clause 8.4; and (b) any variation to any Contract prior to «Short_Name» and the Customer agreeing such variation in writing.
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FORMING A CONTRACT. 14.3.1. The Buyer will evaluate Quotes and select a preferred seller (if any). The Buyer will then issue an Order based on the RFQ and Quote subject to agreeing the Part D – Contract Details or Purchase Order Contract terms. 14.3.2. When a Buyer issues an Order, it will form a Contract between the Seller and the Buyer for the provision of Products and Services. The parties will execute the Contract. 14.3.3. The Seller must only accept Orders using the Online Portal unless otherwise permitted by DTA in writing.
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Related to FORMING A CONTRACT

  • SUB-CONTRACTING 34.1. The Purchaser approves the appointment of the sub-contractors specified in Schedule 5.6 (Approved Sub-contractors) in respect of the obligations specified in that Schedule. 34.2. The Service Provider may not sub-contract its obligations under the Contract to other sub-contractors without the prior written consent of the Purchaser. Sub-contracting of any part of the Contract shall not relieve the Service Provider of any obligation or duty attributable to the Service Provider under the Contract. The Service Provider shall be responsible for the acts and omissions of its sub-contractors as though they are its own. 34.3. Where the Service Provider enters into a sub-contract the Service Provider must ensure that a provision is included which: 34.3.1. requires payment to be made of all sums due by the Service Provider to the sub- contractor within a specified period not exceeding 30 days from the receipt of a valid invoice as defined by the sub-contract requirements and provides that, where the Purchaser has made payment to the Service Provider in respect of Services and the sub-contractor’s invoice relates to such Services then, to that extent, the invoice must be treated as valid and, provided the Service Provider is not exercising a right of retention or set-off in respect of a breach of contract by the sub-contractor or in respect of a sum otherwise due by the sub-contractor to the Service Provider, payment must be made to the sub-contractor without deduction; 34.3.2. notifies the sub-contractor that the sub-contract forms part of a larger contract for the benefit of the Purchaser and that should the sub-contractor have any difficulty in securing the timely payment of an invoice, that matter may be referred by the sub-contractor to the Purchaser; 34.3.3. requires that all contracts with sub-contractors and suppliers which the sub- contractor intends to procure, and which the sub-contractor has not before the date of this Contract, already planned to award to a particular supplier are advertised through the Public Contracts Scotland procurement portal (xxx.xxxxxxxxxxxxxxxxxxxxxxx.xxx.xx) and awarded following a fair, open, transparent and competitive process proportionate to the nature and value of the contract; and 34.3.4. is in the same terms as that set out in this clause 34.3 (including for the avoidance of doubt this clause 34.3.4 subject only to modification to refer to the correct designation of the equivalent party as the Service Provider and sub-contractor as the case may be. 34.4. The Service Provider shall also include in every sub-contract: 34.4.1 a right for the Service Provider to terminate that sub-contract if the relevant sub- contractor fails to comply in the performance of its contract with legal obligations in the fields of environmental, social or employment law or if any of the termination events (involving substantial modification of the Contract, contract award despite the existence of exclusion grounds or a serious infringement of EU legal obligations) specified in clause 56.3 occur; and 34.4.2 a requirement that the sub-contractor includes a provision having the same effect as 34.4.1 in any sub-contract which it awards. In this clause 34.4, ‘sub-contract’ means a contract between two or more service providers, at any stage of remoteness from the Purchaser in a sub-contracting chain, made wholly or substantially for the purpose of performing (or contributing to the performance of) the whole or any part of this Contract. 34.5. Where requested by the Purchaser, copies of any sub-contract must be sent by the Service Provider to the Purchaser as soon as reasonably practicable. 34.6. Where the Service Provider proposes to enter into a sub-contract it must: 34.6.1 advertise its intention to do so in at least one trade journal, [at least one newspaper circulating in [refer to locality]] and the Public Contracts Scotland Portal; and 34.6.2 follow a procedure leading to the selection of the sub-contractor which ensures reasonable competition following principles of equal treatment, non-discrimination and transparency and which ensures that such procedure is accessible by small and medium enterprises.

  • SHAM CONTRACTING 49.1 Sham Contracting occurs when an Employer engages an individual to perform building work under a contract for services where the true character of the engagement or proposed engagement is that of employment. 49.2 The Employer agrees they will not engage in Sham Contracting and recognises that the practice of sham contracting is unlawful and undermines the job security of the Employees covered by this Agreement. 49.3 The Employer will not enter into a contract with another person (“the Contractor”) under which services in the nature of building work are to be provided to the employer, if: (a) the services are to be performed by an individual (who is not the Contractor); and the individual has any ownership in, or is an officer or trustee of, the contractor; and (b) if the contract were entered into with the individual, the contract would be a contract of employment. 49.4 The Employer will maintain records about any Contractors that it has engaged in the preceding month which will include: (a) the name of the Contractor; (b) the owner(s) of the Contractor; (c) the works that the Contractor was engaged to perform; (d) basis on which the Contractor was paid for the work e.g. lump sum/fixed price, daily rate, other; and 49.5 The Employer will, within 7 days of receiving a written request from the Union, provide a copy of the records which it is required to keep pursuant to the previous subclause. Nothing in this subclause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 49.6 Where in breach of this clause a sham contract was in place, such that that Contractor was in fact an Employee under this Agreement, the calculation for back pay will be calculated on the basis of the difference between what they were paid under sham contract arrangement and: (a) 175% of the applicable hourly rate contained in this Agreement; and (b) the Site Allowance (if applicable); and (c) the multi-story allowance (if applicable); and (d) Superannuation (BUSSQ), XXXX, CIPQ and BEWT.

  • Follow-On Contracting No person, firm, or subsidiary who has been awarded a Consulting Services agreement may submit a bid for, nor be awarded an agreement for, the providing of services, procuring goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of this Agreement.

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