Service Provider’s Status. 3.1 This Agreement is entered into by the Customer and the Service Provider on the understanding and agreement that the Service Provider shall be authorised by the Customer to:
(a) negotiate the accreditation and enrolment of the Customer’s Suppliers onto the Technology (where applicable); and
(b) to process invoices and payments in respect of any Suppliers’ services as it sees fit and how to assist and facilitate such transactions, in accordance with the terms of this Agreement (where applicable).
3.2 In addition to clause 3.1 the Service Provider shall provide the Services to the Customer.
3.3 The Customer shall enter a contract directly with their Suppliers through the Technology, as the principal contracting party and shall be responsible for the performance and observance of such agreed terms at all times (where applicable).
3.4 As agent of the Customer, the Service Provider shall have no liability to any of the Suppliers for any claim for breach of contracts, negligence, misrepresentation or any other legal cause of action save as specified in this Agreement.
3.5 The Service Provider shall solely determine the process and manner of exercising its authorisations under clause 3.1 above and as agent of the Customer, the Service Provider shall have no liability to any of the Customers for any breach of contract, negligence, misrepresentation or any other legal cause of action save as expressly specified in this Agreement.
3.6 The Customer acknowledges that, throughout the provision of the Services, the Service Provider will act as the payment agent of the Customer and will be responsible for processing invoices and payments in respect of the Supplier’s services in accordance with this Agreement.
Service Provider’s Status. 4.1 At all times during the Contract Period the SERVICE PROVIDER shall be an independent contractor and nothing in the Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between the Parties and, accordingly, neither Party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the terms of the Contract.
Service Provider’s Status. At all times during the Contract Period the Service Provider shall be an independent contractor and nothing in the Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between the Parties and, accordingly, neither Party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the terms of the Contract.
Service Provider’s Status. 52.1. Nothing in this Contract shall be construed as creating a partnership, a joint venture, a contract of employment or a relationship of principal and agent between the Authority and Service Provider.
Service Provider’s Status. (a) If the Service Provider is a sole proprietor, the Service Provider shall answer queries and sign the Quotation Documents personally and shall not authorize any other person to act for the Service Provider. If the Service Provider is a firm or an unincorporated body, the Service Provider may authorize a partner(s) of the firm or an office-bearer of a body unincorporated to answer queries and sign the Quotation Documents.
(b) If the Service Provider is a firm, an unincorporated body, a company or other body corporate, he shall submit with the quotation a copy of the minutes of meeting and/or resolution of the board of directors to prove proper authorization of the person(s) of representative(s) to act on behalf of the Service Provider and sign the Quotation Documents. If the Service Provider is a partnership, one of the partners may sign the Quotation Documents save and except that all partners shall execute the Permit.
Service Provider’s Status. In carrying out the Services nothing in the Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between the Purchaser and the Service Provider. Accordingly, neither party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other party save as expressly permitted by the terms of the Contract and the Service Provider shall not (and shall ensure that its Staff do not) say or do anything that might lead any other person to believe that the Service Provider is acting as the agent of the Purchaser is a servant of the Scottish Ministers or the Crown or an agent of the Purchaser.
Service Provider’s Status. 11.1 At all times during the term of this Framework Agreement the Service Provider is an independent Service Provider and nothing in this Framework Agreement establishes a contract of employment, a relationship of agency or partnership or a joint venture between the Parties. Accordingly, neither Party is authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the terms of this Framework Agreement.
Service Provider’s Status. At all times during the Contract Period the Service Provider shall be an independent Service Provider and nothing in the Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between the Parties and, accordingly, neither Party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the terms of the Contract. Save as otherwise expressly provided, the obligations of the Customer under the Contract are obligations of the Customer in its capacity as a contracting counterparty and nothing in the Contract shall operate as an obligation upon, or in any other way xxxxxx or constrain the Customer in any other capacity, nor shall the exercise by the Customer of its duties and powers in any other capacity lead to any liability under the Contract (howsoever arising) on the part of the Customer to the Service Provider. The Customer shall pay any undisputed sums incurred which are due prior to any termination.
Service Provider’s Status. 15.4.1 Nothing contained in this Rolling Select List Agreement nor any Final Individual Placement Agreement created hereunder and no action taken by the Parties pursuant to those agreements, will be deemed to constitute a relationship between the Parties of partnership, joint venture, principal and agent or employer and employee. Neither party has, nor may represent that it has, any authority to act or make any commitments on the other party’s behalf.
Service Provider’s Status. 26.1 Nothing in this Contract shall have the effect of making the Service Provider, or any of the Service Provider‟s agents, employees or representatives whomsoever, a servant of the Scottish Ministers or the Crown.
26.2 In carrying out the Services, the Service Provider shall be principal and shall not be the Agent of the Authority.
26.3 The Service Provider shall not, and shall procure that his agents, employees and representatives whomsoever do not, say or do anything which might lead any other person to believe that the Service Provider, or any agent, employee or representative whomsoever of the Service Provider, is a servant of the Scottish Ministers or the Crown or an agent of the Authority.
