Performance by the Supplier. 1. The Supplier shall use and deliver flawless material and guarantees professional execution in accordance with the drawings, expedient construction and flawless assembly.
2. The awarding of the execution of Purchase Orders in whole or in part by the Supplier to subcontractors, as well as any change of subcontractors or suppliers already accepted by xxxxx, requires the express written consent of xxxxx. In the event of non-compliance with this provision, xxxxx is entitled to withdraw from the Contract within a period of 60 working days from knowledge of the circumstances.
3. Machines and equipment must be equipped with the prescribed safety devices and comply with the applicable safety regulations. When setting up electrical installations or delivering electrotechnical products, the Supplier undertakes to comply with all electrotechnical safety regulations applicable at the place of destination.
Performance by the Supplier. 5.1 The parties acknowledge and agree that the relationship between the Principal and the Supplier is that of principal and independent contractor.
5.2 Nothing in this Contract will be deemed to constitute the Supplier nor any of its Personnel an employee, partner, agent or representative of the Principal and the Supplier nor any of its Personnel will have no authority to incur and will not incur any obligation on the part of the Principal, except with, and to the extent of, the prior written authority of the Principal.
5.3 The Supplier acknowledges that it is liable for payment of all allowances, Taxes, premiums and costs, including leave entitlements, holding and sick pay, payroll tax, PAYE tax, costs of insurance or other non-reimbursable costs which arise in connection with the performance of the Services.
5.4 The Supplier shall indemnify the Principal against all claims and liens in regard to wages that may become due and payable to its employees and the employees of any subcontractors and all claims and liens of subcontractors and contractors of goods, labour or services provided in connection with the performance of the Services.
5.5 If the Principal has reasonable grounds to believe that any amounts due and owing to any of Supplier’s Personnel, subcontractors or suppliers have not been paid by the Supplier, then the Principal may, in its discretion, withhold from any payment otherwise due to the Supplier under this Contract an amount which the Principal reasonably believes to be due and owing but unpaid to the Supplier’s Personnel, subcontractors or suppliers and the Principal shall be entitled to pay amounts so withheld to the persons entitled to receive payment from the Supplier.
5.6 The Supplier will only appoint or engage in the performance of any Services, Personnel who are skilled and experienced in their trades and professions, and will remove and replace any Personnel at the request of the Principal.
5.7 If any of the Supplier’s Personnel are temporarily unavailable to provide the Services, the Supplier will at the Principal’s request replace that person with another person of equal skill and qualifications as approved by the Principal.
5.8 The Supplier will supply everything necessary to perform the Supplier’s obligations under this Contract, and to perform the Services (irrespective of whether or not the thing is expressly referred to in the Order or this Contract), and, without limiting the representations and warranties set out in claus...
Performance by the Supplier. The Supplier:
(a) must perform the Works in accordance with the terms of the Contract and all applicable Laws, in the quantities set out in the Purchase Order and for the Contract Sum;
(b) must commence performance of the Works on the Commencement Date and acknowledges time is of the essence in relation to performance of the Works;
(c) must unless otherwise provided in the Contract, supply all Personnel, labour, supervision, tools, material, equipment and other requirements to perform the Works;
(d) must provide to Fleetwood Building Solutions all such information and assistance as it reasonably requires to identify, evaluate, implement and report on any matter required by Law in respect of anything used, produced or created in connection with the performance of the Supplier’s obligations under the Contract;
(e) must not interfere with Fleetwood Building Solutions’ activities or the activities of another person at the Delivery Point or the Site;
(f) does not have the right or authority to act on behalf of or bind Fleetwood Building Solutions unless the Supplier has been expressly authorised to do so in writing by Fleetwood Building Solutions; and
(g) acknowledges it is independent from Fleetwood Building Solutions and the Supplier will be responsible for all employment and industrial relations issues regarding Supplier Personnel.
Performance by the Supplier
