Provision of Works. (a) The Supplier must provide the Works to Xxxx in accordance with this Agreement and any reasonable directions given by Xxxx from time to time.
(b) The Supplier must:
(i) complete the Works by 4:00pm AEST on the Date for Practical Completion and any other milestone date(s) for delivery of the Works described in the Specifications;
(ii) promptly notify Xxxx as soon as it becomes aware of any delay or possible delay in the supply of the Works in accordance with the Agreement;
(iii) provide fit for purpose Works in a timely and efficient manner using the standard of care, skill, diligence, prudence and foresight that would reasonably be expected from a prudent, expert and experienced provider of Works that are similar to the Works; and
(iv) use appropriately skilled and qualified Personnel to provide the Works.
(c) After performance of the Works or delivery of any deliverable provided as part of the Works, Xxxx will undertake such reviews as it considers necessary to determine whether the Works or deliverable(s) are fit for purpose and comply with this Agreement. After reviewing the Works or deliverable(s), Xxxx may notify the Supplier in writing:
(i) of its acceptance of the Works or deliverable(s) if it is satisfied that the Works or deliverable(s) are fit for purpose and comply with this Agreement; or
(ii) if the Works or deliverable(s) are not fit for purpose or do not comply with this Agreement, in which case clause 2(d) will apply.
(d) If Xxxx notifies the Supplier that the Works or deliverable(s) are not fit for purpose or do not comply with this Agreement, the Supplier must promptly rectify the non-compliance following which Xxxx will undertake further review of the Works or deliverable(s) under clause 2(c). This process will continue until, at Xxxx'x discretion, Xxxx:
(i) waives, in writing, the requirement for the Works or deliverable(s) to comply with this Agreement;
(ii) is satisfied that the Works or deliverable comply with this Agreement and accepts the Works or deliverable(s) in accordance with clause 2(c)(i);
(iii) conditionally accepts the Works or deliverable(s), subject to the Supplier agreeing to rectify the non-compliance within a reasonable timeframe and on such terms as Xxxx specifies; or
(iv) subject to Xxxx having provided the Supplier with at least two opportunities to rectify the non-compliance under clause 2(c)(ii), immediately terminate this Agreement by written notice to the Supplier. If Xxxx terminates this Agreement under this...
Provision of Works. On receipt of a Purchase Order from the Customer:
(a) the Supplier warrants that it shall provide the Services:
(i) promptly (and in any event in accordance with the provisions of clause 6 and the Purchase Order) and with all due skill, care and diligence and in accordance with generally recognised commercial practices and standards in the Supplier's industry, trade or profession;
(ii) in accordance with that Purchase Order, the Specification and any drawings, descriptions or samples provided by the Supplier;
(iii) using only appropriately experienced, qualified and trained personnel; and
(iv) in compliance with all laws and regulations applicable from time to time in the UK to the Services and the Deliverables and their use; and
(b) the Supplier shall ensure that the Deliverables and all goods, materials, standards & techniques used in providing the Services are of satisfactory quality and free from defects in workmanship, installation and design; and
(c) the Supplier warrants that all and any Goods delivered shall be:
(i) of satisfactory quality and free from defects in material, design or workmanship;
(ii) fit for the purpose for which the Goods are reasonably required. If the Supplier has any doubts as to the purpose for which the Customer requires the Goods, it must seek clarification from the Customer;
(iii) free of any third party lien, claim, title or interest; and
(iv) the sole property of the Supplier and that the Supplier has full and unrestricted right and authority to supply to the Customer under the terms of this Agreement. The Customer's rights are in addition to the statutory conditions implied in favour of the Customer by the Sale of Goods Xxx 0000 and the Supply of Goods and Services Xxx 0000 and any other applicable statute in force from time to time. Except where otherwise agreed in writing by the parties, the Supplier shall provide all personal protective equipment, tools and other equipment and facilities necessary for the performance of the Services ("Supplier Equipment") and shall provide all operating and support services necessary for carrying out the Services. Save as otherwise expressly specified in the Purchase Order the Supplier warrants that the Goods and Services shall be new, and that each item and any component parts comprising the Goods and Services shall be new. Where the parties have agreed in the Purchase Order that the Supplier shall supply reconditioned Goods and Services, the Supplier warrants that such Goods and Se...
Provision of Works. On receipt of a Purchase Order from the Customer:
Provision of Works. (a) You, and any person providing work on your behalf, shall perform work and related service for us (“Work”) promptly in accordance with and subject to this Contract, which consist of Schedule 1, Schedule 2 and these General Terms and Conditions. There is no guarantee of any volume of Work whatsoever.
(b) In the event of inconsistency between Schedule 1 and these General Terms and Conditions, the order of precedence to resolve any such inconsistency shall be as follows:
(i) General Terms and Conditions; (i) Schedule 1; and (iii) Schedule 2.
(c) You are responsible for the overall management, oversight and administration of the Work in order to complete your obligations under this Contract. You recognize that providing Work outside of regular business hours may be necessary in order to fulfill your obligations and responsibilities without additional compensation of any kind.
(d) If it becomes apparent that the Work will not be completed by the Completion Date for reasons beyond your control, then you shall notify our engineer responsible for the Work (“Engineer”) who shall make, in writing, such extension of time for completion as is reasonable.
