Record Keeping and Reporting. 7.1 The Supplier must ensure that suitably qualified representatives attend progress meetings with the Buyer and provide progress reports when specified in the Order Form. 7.2 The Supplier must keep and maintain full and accurate records and accounts on everything to do with the Contract for 7 years after the date of expiry or termination of the Contract and in accordance with the UK GDPR or the EU GDPR as the context requires. 7.3 The Supplier must allow any auditor appointed by the Buyer access to its premises to verify all contract accounts and records of everything to do with the Contract and provide copies for the Audit. 7.4 The Buyer or an auditor can Audit the Supplier. 7.5 During an Audit, the Supplier must provide information to the auditor and reasonable co- operation at their request. 7.6 The Parties will bear their own costs when an Audit is undertaken unless the Audit identifies a Material Breach by the Supplier, in which case the Supplier will repay the Buyer's reasonable costs in connection with the Audit. 7.7 If the Supplier is not providing any of the Deliverables, or is unable to provide them, it must immediately: 7.7.1 tell the Buyer and give reasons; 7.7.2 propose corrective action; and 7.7.3 provide a deadline for completing the corrective action. 7.8 If the Buyer, acting reasonably, is concerned as to the financial stability of the Supplier such that it may impact on the continued performance of the Contract then the Buyer may: 7.8.1 require that the Supplier provide to the Buyer (for its approval) a plan setting out how the Supplier will ensure continued performance of the Contract and the Supplier will make changes to such plan as reasonably required by the Buyer and once it is agreed then the Supplier shall act in accordance with such plan and report to the Buyer on demand; and 7.8.2 if the Supplier fails to provide a plan or fails to agree any changes which are requested by the Buyer or fails to implement or provide updates on progress with the plan, terminate the Contract immediately for Material Breach (or on such date as the Buyer notifies) and the consequences of termination in Clause 11.5.1 shall apply. 7.9 If there is a Material Breach, the Supplier must notify the Buyer within 3 Working Days of the Supplier becoming aware of the Material Breach. The Buyer may request that the Supplier provide a Rectification Plan within 10 Working Days of the Buyer’s request alongside any additional documentation that the Buyer requires. Once such Rectification Plan is agreed between the Parties (without the Buyer limiting its rights) the Supplier must immediately start work on the actions in the Rectification Plan at its own cost.
Appears in 2 contracts
Samples: Short Form Contract for the Supply of Goods and/or Services, Short Form Contract for the Supply of Goods and/or Services
Record Keeping and Reporting. 7.1 6.1 The Supplier must ensure that suitably qualified representatives attend progress meetings with the Buyer and provide progress reports when specified in any Schedule and/or the Order FormContract Order.
7.2 6.2 The Supplier must keep and maintain full and accurate records and accounts on everything to do with in respect of the Contract during the Contract Period and for 7 years after the date of expiry or termination of the Contract thereafter and in accordance with the UK GDPR or Data Protection Legislation, including the EU GDPR as records and accounts which the context requiresBuyer has a right to Audit.
7.3 6.3 If the Supplier becomes aware of an event that has occurred or is likely to occur in the future which will have a material effect on the Charges then the Supplier must notify the Buyer in writing as soon as practicable setting out the actual or anticipated effect of the event.
6.4 The Supplier must allow any auditor appointed by the Buyer access to its their premises and the Buyer will use reasonable endeavours to verify all contract accounts and records of everything to do ensure that any such auditor:
6.4.1 complies with the Contract and provide copies for Supplier’s operating procedures; and
6.4.2 does not unreasonably disrupt the AuditSupplier or its provision of the Deliverables.
7.4 The Buyer or an auditor can Audit the Supplier.
7.5 6.5 During an Audit, the Supplier must provide information to the auditor appointed by the Buyer and reasonable co- co-operation at their request, including access to:
6.5.1 all information within the permitted scope of the Audit;
6.5.2 any Sites, equipment and the Supplier’s ICT system used in the performance of the Contract; and
6.5.3 the Supplier Staff.
7.6 6.6 The Parties will bear their own costs when an Audit is undertaken unless the Audit identifies a Material Breach material Default by the Supplier, in which case the Supplier will repay the Buyer's reasonable costs in connection with the Audit.
7.7 6.7 The Supplier must comply with the Buyer’s reasonable instructions following an Audit, including:
6.7.1 correcting any identified Default; and
6.7.2 repaying any Charges that the Buyer has overpaid.
6.8 If the Supplier is not providing any of the Deliverables, or is unable to provide them, it must immediately:
7.7.1 6.8.1 tell the Buyer and give reasons;
7.7.2 6.8.2 propose corrective action; and
7.7.3 6.8.3 provide a deadline for completing the corrective action.
7.8 If 6.9 Except where an Audit is imposed on the BuyerBuyer by a regulatory body or where the Buyer has reasonable grounds for believing that the Supplier has not complied with its obligations under this Contract and/or any Contract Order(s), acting reasonably, is concerned as to the financial stability Buyer may not conduct an Audit of the Supplier such that it may impact more than twice in any consecutive period of twelve (12) months commencing on the continued performance of the Contract then the Buyer may:
7.8.1 require that the Supplier provide to the Buyer (for its approval) a plan setting out how the Supplier will ensure continued performance of the Contract and the Supplier will make changes to such plan as reasonably required by the Buyer and once it is agreed then the Supplier shall act in accordance with such plan and report to the Buyer on demand; and
7.8.2 if the Supplier fails to provide a plan Start Date or fails to agree any changes which are requested by the Buyer or fails to implement or provide updates on progress with the plan, terminate the Contract immediately for Material Breach (or on such date as the Buyer notifies) and the consequences of termination in Clause 11.5.1 shall applyeach anniversary thereof.
7.9 If there is a Material Breach, the Supplier must notify the Buyer within 3 Working Days of the Supplier becoming aware of the Material Breach. The Buyer may request that the Supplier provide a Rectification Plan within 10 Working Days of the Buyer’s request alongside any additional documentation that the Buyer requires. Once such Rectification Plan is agreed between the Parties (without the Buyer limiting its rights) the Supplier must immediately start work on the actions in the Rectification Plan at its own cost.
Appears in 1 contract
Samples: Framework Contract
Record Keeping and Reporting.
7.1 The Supplier must ensure that suitably qualified representatives attend progress meetings with the Buyer and provide progress reports when specified in the Order Form.Form.
7.2 The Supplier must keep and maintain full and accurate records and accounts on everything to do with the Contract for 7 years after the date of expiry or termination of the Contract and in accordance with the UK GDPR or the EU GDPR as the context requires.
7.3 The Supplier must allow any auditor appointed by the Buyer access to its premises to verify all contract accounts and records of everything to do with the Contract and provide copies for the Audit.
7.4 The Buyer or an auditor can Audit the Supplier.
7.5 During an Audit, the Supplier must provide information to the auditor and reasonable co- co-operation at their request.
7.6 The Parties will bear their own costs when an Audit is undertaken unless the Audit identifies a Material Breach Breachmaterial default by the Supplier, in which case the Supplier will repay the Buyer's reasonable costs in connection with the Audit.
7.7 If the Supplier is not providing any of the Deliverables, or is unable to provide them, it must immediately:
7.7.1 tell the Buyer and give reasons;
7.7.2 propose corrective action; and
7.7.3 provide a deadline for completing the corrective action.
7.8 If the Buyer, acting reasonably, is concerned as to the financial stability of the Supplier such that it may impact on the continued performance of the Contract then the Buyer may:
7.8.1 require that the Supplier provide to the Buyer (for its approval) a plan setting out how the Supplier will ensure continued performance of the Contract and the Supplier will make changes to such plan as reasonably required by the Buyer and once it is agreed then the Supplier shall act in accordance with such plan and report to the Buyer on demand; and
7.8.2 if the Supplier fails to provide a plan or fails to agree any changes which are requested by the Buyer or fails to implement or provide updates on progress with the plan, terminate the Contract immediately for Material Breach Breachmaterial breach (or on such date as the Buyer notifies) and the consequences of termination in Clause 11.5.1 shall apply.apply.
7.9 If there is a Material BreachBreachmaterial default, the Supplier must notify the Buyer within 3 Working Days of the Supplier becoming aware of the Material BreachBreachmaterial default. The Buyer may request that the Supplier provide a Rectification Plan within 10 Working Days of the Buyer’s request alongside any additional documentation that the Buyer requires. Once such Rectification Plan is agreed between the Parties (without the Buyer limiting its rights) the Supplier must immediately start work on the actions in the Rectification Plan at its own cost.
Appears in 1 contract
Samples: Short Form Contract for the Supply of Goods and/or Services
Record Keeping and Reporting. 7.1 6.1 The Supplier must ensure that suitably qualified representatives attend progress meetings with the Buyer and provide progress reports when specified in any Schedule and/or the Order FormContract Order.
7.2 6.2 The Supplier must keep and maintain full and accurate records and accounts on everything to do with in respect of the Contract during the Contract Period and for 7 years after the date of expiry or termination of the Contract thereafter and in accordance with the UK GDPR or Data Protection Legislation, including the EU GDPR as records and accounts which the context requiresBuyer has a right to Audit.
7.3 6.3 If the Supplier becomes aware of an event that has occurred or is likely to occur in the future which will have a material effect on the Charges then the Supplier must notify the Buyer in writing as soon as practicable setting out the actual or anticipated effect of the event.
6.4 The Supplier must allow any auditor appointed by the Buyer access to its their premises and the Buyer will use reasonable endeavours to verify all contract accounts and records of everything to do ensure that any such auditor:
6.4.1 complies with the Contract and provide copies for Supplier’s operating procedures; and
6.4.2 does not unreasonably disrupt the AuditSupplier or its provision of the Deliverables.
7.4 The Buyer or an auditor can Audit the Supplier.
7.5 6.5 During an Audit, the Supplier must provide information to the auditor appointed by the Buyer and reasonable co- co-operation at their request, including access to:
6.5.1 all information within the permitted scope of the Audit;
6.5.2 any Sites, equipment and the Supplier’s ICT system used in the performance of the Contract; and
6.5.3 the Supplier Staff.
7.6 6.6 The Parties will bear their own costs when an Audit is undertaken unless the Audit identifies a Material Breach material Default by the Supplier, in which case the Supplier will repay the Buyer's reasonable costs in connection with the Audit.
7.7 6.7 The Supplier must comply with the Buyer’s reasonable instructions following an Audit, including:
6.7.1 correcting any identified Default;
6.7.2 repaying any Charges that the Buyer has overpaid.
6.8 If the Supplier is not providing any of the Deliverables, or is unable to provide them, it must immediately:
7.7.1 6.8.1 tell the Buyer and give reasons;
7.7.2 6.8.2 propose corrective action; and
7.7.3 6.8.3 provide a deadline for completing the corrective action.
7.8 If the Buyer, acting reasonably, is concerned as to the financial stability of the Supplier such that it may impact on the continued performance of the Contract then the Buyer may:
7.8.1 require that the Supplier provide to the Buyer (for its approval) a plan setting out how the Supplier will ensure continued performance of the Contract and the Supplier will make changes to such plan as reasonably required by the Buyer and once it is agreed then the Supplier shall act in accordance with such plan and report to the Buyer on demand; and
7.8.2 if the Supplier fails to provide a plan or fails to agree any changes which are requested by the Buyer or fails to implement or provide updates on progress with the plan, terminate the Contract immediately for Material Breach (or on such date as the Buyer notifies) and the consequences of termination in Clause 11.5.1 shall apply.
7.9 If there is a Material Breach, the Supplier must notify the Buyer within 3 Working Days of the Supplier becoming aware of the Material Breach. The Buyer may request that the Supplier provide a Rectification Plan within 10 Working Days of the Buyer’s request alongside any additional documentation that the Buyer requires. Once such Rectification Plan is agreed between the Parties (without the Buyer limiting its rights) the Supplier must immediately start work on the actions in the Rectification Plan at its own cost.
Appears in 1 contract
Samples: Framework Contract for Goods and/or Non Construction Services
Record Keeping and Reporting.
7.1 The Supplier must ensure that suitably qualified representatives attend progress meetings with the Buyer and provide progress reports when specified in the Order Form.
7.2 The Supplier must keep and maintain full and accurate records and accounts on everything to do with the Contract for 7 years after the date of expiry or termination of the Contract and in accordance with the UK GDPR or the EU GDPR as the context requires.
7.3 The Supplier must allow any auditor appointed by the Buyer access to its premises to verify all contract accounts and records of everything to do with the Contract and provide copies for the Audit.
7.4 The Buyer or an auditor can Audit the Supplier.
7.5 During an Audit, the Supplier must provide information to the auditor and reasonable co- operation at their request.
7.6 The Parties will bear their own costs when an Audit is undertaken unless the Audit identifies a Material Breach by the Supplier, in which case the Supplier will repay the Buyer's reasonable costs in connection with the Audit.
7.7 If the Supplier is not providing any of the Deliverables, or is unable to provide them, it must immediately:
7.7.1 tell the Buyer and give reasons;
7.7.2 propose corrective action; and
7.7.3 provide a deadline for completing the corrective action.
7.8 If the Buyer, acting reasonably, is concerned as to the financial stability of the Supplier such that it may impact on the continued performance of the Contract then the Buyer may:
7.8.1 require that the Supplier provide to the Buyer (for its approval) a plan setting out how the Supplier will ensure continued performance of the Contract and the Supplier will make changes to such plan as reasonably required by the Buyer and once it is agreed then the Supplier shall act in accordance with such plan and report to the Buyer on demand; and
7.8.2 if the Supplier fails to provide a plan or fails to agree any changes which are requested by the Buyer or fails to implement or provide updates on progress with the plan, terminate the Contract immediately for Material Breach (or on such date as the Buyer notifies) and the consequences of termination in Clause 11.5.1 shall apply.apply.
7.9 If there is a Material Breach, the Supplier must notify the Buyer within 3 Working Days of the Supplier becoming aware of the Material Breach. The Buyer may request that the Supplier provide a Rectification Plan within 10 Working Days of the Buyer’s request alongside any additional documentation that the Buyer requires. Once such Rectification Plan is agreed between the Parties (without the Buyer limiting its rights) the Supplier must immediately start work on the actions in the Rectification Plan at its own cost.
Appears in 1 contract
Samples: Supply of Goods and/or Services