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 clause 2(d)(iv), Xxxx will be entitled to a full refund of all moneys paid to the Supplier in respect of the Works or deliverables which Xxxx is unable to use following termination. (e) As a prerequisite to achieving practical completion, the Supplier shall complete the Works to the satisfaction of Xxxx and assign to Xxxx, the benefit of all manufacturers warranties in relation to the Works. (f) The Supplier shall use good industry practice to cooperate, and coordinate work with all persons performing work at the Site to avoid disruption or delay to the Works, and work performed by other persons at the Site. The Supplier acknowledges that it shall not be entitled to any variation, extension of time or other claim arising out of, or in connection with any failure to cooperate, or coordinate in relation to work at the Site. (g) The Supplier shall allow access to and through the Site to Xxxx and any other persons as directed by Xxxx.
Appears in 1 contract
Samples: Supply Agreement
Provision of Works. (a) The Supplier must provide the Works to Xxxx XLam in accordance with this Agreement and any reasonable directions given by Xxxx XLam 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 XLam 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 XLam 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 XLam 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 XLam 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 XLam will undertake further review of the Works or deliverable(s) under clause 2(c). This process will continue until, at Xxxx'x XLam's discretion, XxxxXLam:
(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 XLam specifies; or
(iv) subject to Xxxx XLam 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 XLam terminates this Agreement under this clause 2(d)(iv), Xxxx XLam will be entitled to a full refund of all moneys paid to the Supplier in respect of the Works or deliverables which Xxxx XLam is unable to use following termination.
(e) As a prerequisite to achieving practical completion, the Supplier shall complete the Works to the satisfaction of Xxxx XLam and assign to XxxxXLam, the benefit of all manufacturers warranties in relation to the Works.
(f) The Supplier shall use good industry practice to cooperate, and coordinate work with all persons performing work at the Site to avoid disruption or delay to the Works, and work performed by other persons at the Site. The Supplier acknowledges that it shall not be entitled to any variation, extension of time or other claim arising out of, or in connection with any failure Published: 13 February 2023 1 to cooperate, or coordinate in relation to work at the Site.
(g) The Supplier shall allow access to and through the Site to Xxxx XLam and any other persons as directed by XxxxXXxx.
Appears in 1 contract
Samples: Supply Agreement
Provision of Works. (a) The Supplier must Contributor shall provide the Works to Xxxx in accordance with this Agreement and any reasonable directions given by Xxxx from time to time.
(b) The Supplier mustWorks:
(i) complete with due skill and care, to the Works by 4:00pm AEST on best of Contributor’s expertise and to Xxxxx’x satisfaction; The term “best of Contributor’s expertise” is imprecise and uncertain. The term “to Xxxxx’x satisfaction” is vague and subjective; this requirement is both unusual and uncommercial. A Contributor will not be able to reasonably agree to this unless he/she knows beforehand what Xxxxx’x ‘satisfaction criteria’ are.
(ii) in accordance with the Date for Practical Completion description, brief and any other milestone date(s) for delivery of the Works described specifications set out in the Specificationsrelevant Commission;
(iii) in accordance with the due date set out in the relevant Commission. There is no provision to allow for delay in the event of circumstances outside the Contributor’s control (e.g. weather conditions)
(b) Contributor shall:
(i) in providing the Works, consult with and if required, provide regular updates to the Representative or, where that person is not available, to that person’s delegate;
(ii) promptly notify Xxxx as soon as it becomes aware of any delay or possible delay in subject to clause 2(f), provide all the supply of resources required to provide the Works in accordance with this Agreement; and
(iii) promptly respond to any reasonable request by Xxxxx for information regarding Contributor’s engagement by Xxxxx.
(c) Contributor may only subcontract the whole or any part of the work to be performed under this Agreement with Xxxxx’x prior written consent and on such conditions as Xxxxx may reasonably impose. If the Contributor is likely to subcontract his/her work under this Agreement, the Contributor should make this clear, preferably from the outset.
(d) Notwithstanding any subcontract entered into by Contributor, the use by Contributor of any subcontractor does not relieve Contributor from any of Contributor’s liabilities or obligations under this Agreement and Contributor is liable to Xxxxx for the acts and omissions of any subcontractor as if they were the acts or omissions of Contributor. If the Contributor were to subcontract his/her work or where Xxxxx requests the Contributor to engage contractors on its behalf, it would be prudent to use additional terms which provide for indemnities for costs, disbursements and other obligations arising from the engagement of contractors.
(e) Contributor shall not:
(i) enter into any contra arrangement with, or solicit or accept any benefit from, any client of Xxxxx or any other person in connection with providing the Works;
(ii) engage in conduct which, in Xxxxx’x opinion, is likely to prejudice Xxxxx’x business or injure the reputation of Xxxxx or a Xxxxx Brand;
(iii) provide fit for purpose Works assume or create or attempt to assume or create, directly or indirectly, any obligation on behalf of or in a timely and efficient manner using the standard name 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; andXxxxx;
(iv) use appropriately skilled and qualified Personnel its best endeavours to provide the Works.ensure that it does not cause Xxxxx to breach any applicable law, code or standard;
(cv) After performance of the Works or delivery of any deliverable provided as part of in relation to providing the Works, Xxxx will undertake such reviews as it considers necessary defame, injure or infringe the copyright or intellectual property rights of any person or breach any obligation 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 clause 2(d)(iv), Xxxx will be entitled to a full refund of all moneys paid to the Supplier in respect of the Works or deliverables which Xxxx is unable to use following termination.
(e) As a prerequisite to achieving practical completion, the Supplier shall complete the Works to the satisfaction of Xxxx and assign to Xxxx, the benefit of all manufacturers warranties in relation to the Worksany person.
(f) The Supplier Where requested to do so by Xxxxx, whether in a Commission or otherwise, Contributor shall use good industry practice to cooperate, and coordinate work with all persons performing work at equipment specified by Xxxxx in the Site to avoid disruption or delay to provision of the Works, and work performed by other persons at the Site. The Supplier acknowledges that it shall not be entitled to any variation, extension of time or other claim arising out of, or in connection with any failure to cooperate, or coordinate in relation to work at the Site.
(g) The Supplier shall allow access to and through the Site to Xxxx and any other persons as directed by Xxxx.
Appears in 1 contract
Samples: Commission Agreement
Provision of Works. (a) The Supplier must provide the Works to Xxxx XLam in accordance with this Agreement and any reasonable directions given by Xxxx XLam from time to time.
(b) The Supplier must:
(i) complete the Works by 4:00pm AEST NZDT 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 XLam 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 XLam 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 XLam 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 XLam 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 XLam will undertake further review of the Works or deliverable(s) under clause 2(c). This process will continue until, at Xxxx'x XLam's discretion, XxxxXLam:
(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 XLam specifies; or
(iv) subject to Xxxx XLam 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 XLam terminates this Agreement under this clause 2(d)(iv), Xxxx XLam will be entitled to a full refund of all moneys paid to the Supplier in respect of the Works or deliverables which Xxxx XLam is unable to use following termination.
(e) As a prerequisite to achieving practical completion, the Supplier shall complete the Works to the satisfaction of Xxxx XLam and assign to XxxxXLam, the benefit of all manufacturers warranties in relation to the Works.
(f) The Supplier shall use good industry practice to cooperate, and coordinate work with all persons performing work at the Site to avoid disruption or delay to the Works, and work performed by other persons at the Site. The Supplier acknowledges that it shall not be entitled to any variation, extension of time or other claim arising out of, or in connection with any failure Published: 13 February 2023 1 to cooperate, or coordinate in relation to work at the Site.
(g) The Supplier shall allow access to and through the Site to Xxxx XLam and any other persons as directed by XxxxXXxx.
Appears in 1 contract
Samples: Supply Agreement
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 specified in the SpecificationsSchedule;
(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 clause 2(d)(iv), Xxxx will be entitled to a full refund of all moneys paid to the Supplier in respect of the Works or deliverables which Xxxx is unable to use following termination.
(e) As a prerequisite to achieving practical completion, the Supplier shall complete the Works to the satisfaction of Xxxx and assign to Xxxx, the benefit of all manufacturers warranties in relation to the Works.
(f) The Supplier shall use good industry practice to cooperate, and coordinate work with all persons performing work at the Site to avoid disruption or delay to the Works, and work performed by other persons at the Site. The Supplier acknowledges that it shall not be entitled to any variation, extension of time or other claim arising out of, or in connection with any failure to cooperate, or coordinate in relation to work at the Site.
(g) The Supplier shall allow access to and through the Site to Xxxx and any other persons as directed by Xxxx.
Appears in 1 contract
Samples: Supply Agreement
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 clause 2(d)(iv), Xxxx will be entitled to a full refund of all moneys paid to the Supplier in respect of the Works or deliverables which Xxxx is unable to use following termination.
(e) As a prerequisite to achieving practical completion, the Supplier shall complete the Works to the satisfaction of Xxxx and assign to Xxxx, the benefit of all manufacturers warranties in relation to the Works.
(f) The Supplier shall use good industry practice to cooperate, and coordinate work with all persons performing work at the Site to avoid disruption or delay to the Works, and work performed by other persons at the Site. The Supplier acknowledges that it shall not be entitled to any variation, extension of time or other claim arising out of, or in connection with any failure to cooperate, or coordinate in relation to work at the Site.
(g) The Supplier shall allow access to and through the Site to Xxxx and any other persons as directed by Xxxx.. Published: 18 January 2023 1
Appears in 1 contract
Samples: Supply Agreement
Provision of Works. (a) The Supplier must provide the Works to Xxxx XLam in accordance with this Agreement and any reasonable directions given by Xxxx XLam 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 specified in the SpecificationsSchedule;
(ii) promptly notify Xxxx XLam 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 XLam 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 XLam 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 XLam 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 XLam will undertake further review of the Works or deliverable(s) under clause 2(c). This process will continue until, at Xxxx'x XLam's discretion, XxxxXLam:
(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 XLam specifies; or
(iv) subject to Xxxx XLam 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 XLam terminates this Agreement under this clause 2(d)(iv), Xxxx XLam will be entitled to a full refund of all moneys paid to the Supplier in respect of the Works or deliverables which Xxxx XLam is unable to use following termination.
(e) As a prerequisite to achieving practical completion, the Supplier shall complete the Works to the satisfaction of Xxxx XLam and assign to XxxxXLam, the benefit of all manufacturers warranties in relation to the Works.
(f) The Supplier shall use good industry practice to cooperate, and coordinate work with all persons performing work at the Site to avoid disruption or delay to the Works, and work performed by other persons at the Site. The Supplier acknowledges that it shall not be entitled to any variation, extension of time or other claim arising out of, or in connection with any failure to cooperate, or coordinate in relation to work at the Site.
(g) The Supplier shall allow access to and through the Site to Xxxx XLam and any other persons as directed by XxxxXXxx.
Appears in 1 contract
Samples: Supply Agreement
