Supplier’s Representative and Personnel. (a) The Supplier may by written notice to the Principal:
(i) replace the Supplier’s Representative, in which case the Supplier will appoint another person as the Supplier’s Representative and notify the Principal of that appointment; and
(ii) appoint persons to exercise any of the Supplier’s Representative's functions under this SOA, and revoke any such appointment.
(b) The Supplier must ensure that the Supplier's Representative and any other Supplier Personnel who perform activities under or in connection with the SOA are suitable and appropriate persons.
(c) The Principal's Representative may, by notice in writing to the Supplier, direct the Supplier to remove the Supplier's Representative or any other Personnel of the Supplier from performing any obligations under or in connection with the SOA who, in the reasonable opinion of the Principal's Representative:
(i) has breached any of the Policies, Codes and Standards;
(ii) is guilty of misconduct;
(iii) is not a suitable and appropriate person to carry out those obligations; or
(iv) may bring the Principal or any Eligible Customer into disrepute. NSW Health | Deed | Standing Offer Arrangement (SOA) | Goods and Services OFFICIAL
(d) If the Principal’s Representative issues a direction under clause 1.11(c), the Supplier must (at its own cost) promptly arrange for the removal of such Personnel and their replacement with Supplier Personnel who comply with the requirements of this SOA and are reasonably acceptable to the Customer.
Supplier’s Representative and Personnel. 4.1.1. The Supplier’s Representative shall be the representative of the Supplier for the purposes of this Contract and shall have the authority to bind the Supplier in all matters relating to this Contract. Instructions which the Client’s Representative may give to the Supplier’s Representative shall be deemed given to the Supplier. The Supplier may change the Supplier’s Representative from time to time on 5 (five) business days’ Written notice to the Client.
4.1.2. Whilst on the Site the Supplier's Personnel shall at all times comply with the Client's Policies, in force and as amended from time to time. The Supplier’s Personnel shall not enter any part of the Site other than the designated areas for the delivery of the Goods without the permission in Writing of the Client Representative.
4.1.3. The Client shall have the right at all times, without prior notice or warning, to search, inspect or examine any of the Supplier’s Personnel and their vehicles and property whilst on the Site or any other part of the Client’s premises.
4.1.4. To the extent that the Supplier is required to install the Goods or perform any related services in respect of the Goods supplied, the Supplier shall provide such services with reasonable professional skill, care and diligence and in accordance with best practice in the industry within which the Supplier operates.
4.1.5. The Supplier's Personnel shall, unless it is necessary for the installation of the Goods, be restricted to the Site. They shall at all times comply with the Client's security regulations and any other rules and regulations of conduct of the Client in force from time to time.
Supplier’s Representative and Personnel. 4.1.1. The Supplier’s Representative shall have the authority to bind the Supplier in all matters relating to this Contract, and shall be responsible for supervising the execution of the Services in terms of this Contract. Instructions which the Client’s Representative may give to the Supplier’s Representative shall be deemed given to the Supplier. The Supplier may change the Supplier’s Representative from time to time on Written notice to the Client.
4.1.2. The Supplier shall:
4.1.2.1. ensure that the Supplier’s Personnel have the appropriate level of skill and experience to perform the Services effectively and safely; and
4.1.2.2. where possible, use its reasonable endeavours to recruit the Supplier’s Personnel from the local population in the area around the Site.
4.1.3. For the avoidance of doubt it is expressly recorded that no employment relationship will come into existence between the Client and any of the Supplier’s Personnel, it being recorded that the Supplier’s Personnel are and will at all times during the term of this Contract, be in the employ of the Supplier. The Supplier shall register as the employer of the Supplier’s Personnel with the appropriate statutory or regulatory bodies.
4.1.4. The Supplier’s Personnel shall be remunerated by the Supplier and shall not be entitled to receive any payments from or participate in or be eligible to receive any benefits from the Client. The Supplier shall pay their remuneration, administer their leave, pay for any overtime worked (where applicable) and for any public holidays, shall deduct and/or pay over any amounts due in terms of any applicable legislation to the relevant authorities (including but not limited to PAYE, UIF, xxxxxxx’x’ compensation) and shall be responsible for all other costs and expenses relating to the Supplier’s Personnel, including, without limitation, transport, food, accommodation (if applicable) and medical costs.
4.1.5. Notwithstanding anything to the contrary contained in this Contract, the Client shall be entitled at any time and at its discretion, to request, in Writing, that any of the Supplier’s Personnel who is involved with the performance of the Services be replaced with another of the Supplier’s Personnel. On receiving such Written request, the Supplier shall be obliged to cause such Supplier’s Personnel to immediately cease providing the Services, to immediately remove the Supplier’s Personnel concerned from the Site and to supply replacement Supplier’s Personnel ...
