THE GOODS AND SERVICES. 4.1 The Supplier shall provide the Goods and/or Services to, and shall perform its other obligations under this Agreement for the benefit of Balfour Xxxxxx.
4.2 The Goods and/or Services shall be fit for the intended purpose specified in or reasonably inferred from the Agreement.
4.3 In performing its obligations (including the provision of the Goods and/or Services) under this Agreement, the Supplier shall notify Balfour Xxxxxx as soon as it is aware of any potential or actual delays or obstacles to the performance of any of the Supplier's obligations.
4.4 Balfour Xxxxxx shall not be in breach of this Agreement, nor shall it be liable to the Supplier, for failure to perform its obligations under this Agreement if, and to the extent that, such failure directly or indirectly results from the Supplier failing to perform any of its obligations under this Agreement or is caused by any negligent, tortuous or unlawful act or omission of the Supplier, its agents or subcontractors.
4.5 Xxxxxxx Xxxxxx reserves the right to reject incomplete deliveries and to return excess quantities at the Supplier's expense.
4.6 The Goods shall be at risk of the Supplier until Delivery to Balfour Xxxxxx at the place of delivery specified in the Purchase Order, or as otherwise specified by Balfour Xxxxxx.
4.7 Ownership of the Goods shall pass to Balfour Xxxxxx on completion of Delivery (including off-loading) in accordance with the Purchase Order, except that if the Goods are paid for before delivery ownership shall pass to Balfour Xxxxxx once payment has been made. The Parties acknowledge and agree that Xxxxxxx Xxxxxx is the intended owner of the Imported Items (defined in Clause 7.2) for Value Added Tax (“VAT”) purposes.
4.8 Goods found to be defective or of inferior quality will be rejected and returned for rectification or replacement at the expense of the Supplier. Any additional expenditure reasonably incurred by Xxxxxxx Xxxxxx in obtaining other Goods in replacement shall be paid by the Supplier to Balfour Xxxxxx. All Goods shall be new, unless Xxxxxxx Xxxxxx has otherwise agreed in writing.
THE GOODS AND SERVICES. 2.1 The Supplier shall ensure that the Goods shall:
(a) correspond with their description and any applicable specification agreed by Customer and the Supplier;
(b) be of satisfactory quality (within the meaning of Book 7 of the Dutch Civil Code), be fit for purpose and also fit for any purpose held out by the Supplier or made known to the Supplier by Customer expressly or by implication, and in this respect Customer relies on the Supplier's skill and judgement;
(c) where they are manufactured products, be free from defects in design, material and workmanship and remain so for 12 months after delivery; and
(d) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods.
2.2 The Supplier shall ensure that at all times it has and maintains all the licences, permissions, authorisations, consents, and permits that it needs to carry out its obligations under the Contract.
2.3 Customer may inspect and test the Goods at any time before or at delivery. The Supplier shall remain fully responsible for the Goods during any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract.
2.4 If following such inspection or testing Customer considers that the Goods do not conform or are unlikely to comply with clause 2.1, Customer shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance. Customer may conduct further inspections and tests after the Supplier has carried out its remedial actions.
2.5 Where the Order relates to the supply of Services the Supplier shall ensure that the Services are provided to the best of its ability and are provided with such skill, care and expertise as an expert in the relevant field would be required to supply.
THE GOODS AND SERVICES. Tax (GST) is applicable on all fixed or hourly fees the Coach assesses, as well as taxable disbursements.
THE GOODS AND SERVICES. Tax (GST) At the time this Plan was made, the position of the Australian Taxation Office (ATO) was that the payment of development contributions made under the EPA Act is exempt from the Goods and Services Tax (GST). Items in the works schedule of this Plan have been calculated without any GST component.
THE GOODS AND SERVICES. 2.1 The Supplier must ensure that any Goods to be supplied by the Supplier pursuant to the Contract: are new, ready for use, free from Defects and fit for purpose; comply with all applicable Statutory requirements and Australian Standards at the minimum; are accompanied by all applicable instructions and technical documentation, including operating and service manuals and manufacturers data records (MDR’s); are supplied with a valid manufacturer's or supplier’s warranty for a minimum of 15 months from delivery or 12 months from first use, whichever expires first; and are delivered in accordance with any specifications and/or timeframe referred to in the Purchase Order or otherwise provided by the Company to the Supplier.
2.2 The Supplier must ensure that any services to be supplied by the Supplier pursuant to the Contract: are performed to a high standard in accordance with industry best practice and, at a minimum, comply with any applicable Australian Standards; and are performed in accordance with any specifications and/or timeframe referred to in the Purchase Order or otherwise provided by the Company to the Supplier.
THE GOODS AND SERVICES. 3.1 The Supplier will ensure that Goods supplied by it: are new ready for use, free from defects performance and fit for purpose; comply with all applicable Statutory requirements and Australian Standards at the minimum; are supplied with a valid manufacturer's or supplier’s warranty where the manufacturer or supplier offers such a warranty in respect of the Goods; and are delivered in accordance with any specifications and/or timeframe referred to in the Contract or otherwise provided by the Company to the Supplier.
3.2 The Supplier will ensure that any services supplied by it: are performed to a high standard in accordance with industry best practice and, at a minimum, comply with any applicable Australian Standards; and are performed in accordance with any specifications and/or timeframe referred to in the Contract or otherwise provided by the Company to the Supplier.
THE GOODS AND SERVICES. 2.1 The Supplier must ensure that any Goods to be supplied by the Supplier pursuant to the Contract: are new, ready for use, free from Defects and fit for purpose; comply with all applicable Statutory requirements and Australian Standards at the minimum; are accompanied by all applicable instructions and technical documentation, including operating and service manuals; are supplied with a valid manufacturer's or supplier’s warranty where the manufacturer or supplier offers such a warranty in respect of the Goods; and are delivered in accordance with any specifications and/or timeframes referred to in the Purchase Order or otherwise provided by the Company to the Supplier.
2.2 The Supplier must ensure that any Services to be supplied by the Supplier pursuant to the Contract: are performed to a high standard in accordance with industry best practice and, at a minimum, comply with any applicable Australian Standards; and are performed in accordance with any specifications and/or timeframes referred to in the Purchase Order or otherwise provided by the Company to the Supplier.
2.3 The Supplier must promptly notify the Company in writing of any ambiguity, discrepancy or inconsistency in any information provided by the Company as part of the Contract. The Company must provide the Supplier with a direction as to any such ambiguity, discrepancy or inconsistency within 10 days of receipt of the Supplier’s notice in writing.
THE GOODS AND SERVICES. 4.1. The description of the Services, any Goods and the Output shall be as set out in the Quotation.
4.2. JIC reserves the right to make any changes in the specification of the Services, Output and/or any Goods:
4.2.1. to achieve conformity to any applicable statutory or European requirements; or
4.2.2. where the Goods and/or the Output are/is to be supplied to JIC's specification, which do not materially affect their quality or performance.
4.3. Time for performance of the Services or delivery of the Goods and/or Output shall not be of the essence of this Agreement.
THE GOODS AND SERVICES. 8.1 The Contractor shall supply the Goods and Services in accordance with the Statement of Requirements and the other provisions of this Contract.
8.2 The Contractor shall provide the Goods and Services to the Authority in accordance with the Statement of Requirements, and shall allocate sufficient resources to enable it to comply with this obligation.
8.3 The Supplier shall meet, and time is of the essence as to, any Project Milestones. If the Supplier fails to do so, the Authority may (without prejudice to any other rights it may have):
8.3.1 terminate this agreement in whole or in part without liability to the Supplier;
8.3.2 refuse to accept any subsequent performance of the Services which the Supplier attempts to make;
8.3.3 purchase substitute goods and/or services from elsewhere;
8.3.4 hold the Supplier accountable for any loss and additional costs incurred; and
8.3.5 have all sums previously paid by the Authority to the Supplier under this agreement refunded by the Supplier.
8.4 The Authority may give the Contractor written notice requiring the re-execution of any part of the Goods and/or the Services which the Authority reasonably believes does not meet the requirements of the Contract or differs in any way from those requirements. The Contractor shall comply with any such notice at its sole expense and within ten (10) Working Days of receiving the notice (or within such longer period as the Authority may agree).
8.5 In addition to the Goods and Services, the Contractor shall, at no additional cost to the Authority, provide any incidental goods and services and assume any incidental responsibilities which are not specifically set out in the Statement of Requirements provided that they are goods and services which are inherent to the proper performance and the delivery of the Goods and Services and consistent with the overall allocation of responsibilities to the Contractor.
THE GOODS AND SERVICES. 5.1. This Contract governs the overall relationship of the Contractor and the Customer with respect to the provision of the Ordered Goods and Services. The Customer has ordered the Ordered Goods and Services specified in the Order Form and the Contractor shall provide those Ordered Goods and Services in accordance with the provisions of this Contract.
5.2. The procedures for acceptance of the Ordered Goods and Services are set out in Schedule 2-5.
