Common use of The Goods Clause in Contracts

The Goods. 3.1 The Authority relies on the skill and judgement of the Supplier in the supply of the Goods and the execution of the Agreement. The Supplier shall ensure that the Goods shall: (a) correspond with their description, any approved samples and any applicable Statement of Requirements; (b) be of satisfactory quality (within the meaning of the Sale of Goods Xxx 0000, as amended) and fit for any purpose held out by the Supplier or made known to the Supplier by the Authority expressly or by implication; (c) be free from defects in design, material and workmanship and remain so for the duration of the Guarantee Period; (d) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods; (e) comply with any instructions of the Authority or requirements of the carrier in relation to labelling, packaging, storage, handling and delivery of Goods as well as ensuring that: the Goods are marked with the Contract number or such other reference number notified by the Authority; the net, gross and tare weights as well as the contents are marked on any container; and all containers of hazardous Goods (and all documentation relating thereto) bear prominent and adequate warnings; and (f) be to the reasonable satisfaction of the Authority; 3.2 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 Agreement, including under any Purchase Order. 3.3 The Authority shall have the right to inspect and test the Goods at any time before delivery and the Supplier shall permit the Authority or authorised representatives to make any inspections or tests which may reasonably be required and shall afford all reasonable facilities and assistance free of charge at the Supplier’s premises. 3.4 If required by the Authority, samples of Goods shall be submitted by the Supplier to the Authority for evaluation and approval at the Contractor’s cost and expense and all subsequent deliveries of the Goods shall be equal in quality to or better than approved samples. 3.5 If following such inspection, testing or evaluation the Authority considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at clause 3.1, the Authority shall inform the Supplier and, without prejudice to the Authority’s other rights or remedies including those under clause 6, the Supplier shall immediately take such remedial action as is necessary to ensure compliance. 3.6 No failure to make complaint at the time of such inspection, tests or evaluation and no approval given during or after such tests, inspections or evaluation shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and, in particular, the Authority retains the right to reject the Goods. Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for the Goods and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract, and the Authority shall have the right to conduct further inspections and tests after the Supplier has carried out its remedial actions. 3.7 Where Goods are discontinued by the manufacturer, the Supplier shall supply an equivalent model equal or better than the original. The Supplier must notify the Authority three (3) months prior to discontinuation. Any equivalent model or better must be provided to the Authority free of charge for one (1) month for evaluation. 3.8 If the Authority gives notice to the Supplier during the Guarantee Period or within thirty (30) days thereafter of any defect in any of the Goods that has arisen under proper and normal use, the Supplier shall, without prejudice to the Authority’s other rights or remedies including those under clause 6, as quickly as possible remedy such defects, either by repair or replacement as the Authority shall elect, without cost to the Authority. 3.9 In the event that the Supplier in the course of the Agreement procures goods or services including equipment from third parties on behalf of the Authority then it shall at all times do so in accordance with the Public Contracts Regulations 2006 as though the Supplier were a Contracting Authority within the meaning of those Regulations. 3.10 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

The Goods. 3.1 The Authority relies on the skill and judgement of the Supplier in the supply of the Goods and the execution of the Agreement5.1. The Supplier shall ensure that the Goods and (if applicable) the Packaging shall: (a) correspond with their description, any approved samples and any applicable Statement of Requirements; (bi) be of satisfactory quality (within the meaning of the Sale of Goods Xxx 0000, as amendedAct 1979 and Consumer Rights Act 2015) and fit for any purpose held out by the Supplier or made known to the Supplier by the Authority Halfords, expressly or by implication, and in this respect Halfords relies on the Supplier’s skill and judgment; (cii) conform in all material respects with their description, Specification and any Samples; (iii) be new and not used or reconditioned in any way; (iv) where applicable, be free from defects in design, material materials and workmanship and remain so for the duration period of the Guarantee Period; (d) comply with all any applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods; (e) comply with any instructions of the Authority or requirements of the carrier in relation to labelling, packaging, storage, handling and delivery of Goods as well as ensuring that: the Goods are marked with the Contract number or such other reference number notified by the Authority; the net, gross and tare weights as well as the contents are marked on any container; and all containers of hazardous Goods (and all documentation relating thereto) bear prominent and adequate warningsWarranty; and (fv) be conform in all respects with any Applicable Law. 5.2. Halfords rights under this Agreement are in addition to the reasonable satisfaction statutory conditions implied in favour of Halfords by the Authority;Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and Consumer Rights Act 2015). Acceptance of Goods shall not prejudice any of Halfords rights under such legislation thereafter. 3.2 5.3. 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 Agreement, including under any Purchase OrderAgreement in respect of the Goods. 3.3 5.4. The Authority shall have the right to inspect and test the Goods at any time before delivery and the Supplier shall permit the Authority allow Halfords or its duly authorised representatives to make any inspections or tests which to carry out any test as it may reasonably be required and shall afford all require during the manufacture or development of the Goods. The Supplier shall, on reasonable facilities and assistance notice, allow Halfords or its duly authorised representatives, access to the Supplier’s premises free of charge at the Supplier’s premises. 3.4 If required for such purposes. No approval given by the Authority, samples of Goods Halfords during such inspections or tests shall be submitted deemed to constitute acceptance by the Supplier to the Authority for evaluation and approval at the Contractor’s cost and expense and all subsequent deliveries Halfords of the Goods shall be equal in quality to or better than approved samples. 3.5 Goods. If following such inspectioninspections or tests Halfords, testing or evaluation in its reasonable opinion, informs the Authority considers Supplier that it is not satisfied that the Goods do not conform or are unlikely to will comply in all respects with the Supplier's undertakings at clause 3.1, Order or the Authority shall inform the Supplier and, without prejudice to the Authority’s other rights or remedies including those under clause 6terms of this Agreement, the Supplier shall immediately take such remedial action steps as is are necessary to ensure compliancecompliance prior to delivery of the Goods. 3.6 No failure 5.5. Halfords shall not be deemed to make complaint have accepted the Goods (or any instalment of the Goods) until: (i) it has had a reasonable time to inspect the Goods following delivery; or (ii) (if applicable) the Goods have successfully passed the Acceptance Tests. 5.6. If the Goods (or any instalment of the Goods) do not comply with the Order, Specification, Sample or the terms of this Agreement, then Halfords may reject all or any of the Goods which do not comply and in such circumstances, if required by Halfords in writing, the Supplier shall: (i) repair or replace the non-conforming Goods such that they do conform to the Specification, Sample or other terms of this Agreement; or (ii) provide Halfords (at the time of such inspection, tests its option) with a full refund or evaluation and no approval given during or after such tests, inspections or evaluation shall constitute a waiver by the Authority of any rights or remedies credit in respect of any payment made for the non-conforming Goods andplus any delivery, installation, maintenance or associated costs incurred by Halfords as a result of the non-conforming Goods. 5.7. Where applicable, in particular, addition to the Authority retains the right to reject the Goods. Notwithstanding any such inspection or testingterms and conditions set out in this Agreement, the Supplier shall remain fully responsible for provide the Extended Range Goods and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract, and the Authority shall have the right to conduct further inspections and tests after the Supplier has carried out its remedial actions. 3.7 Where Goods are discontinued by the manufacturer, the Supplier shall supply an equivalent model equal or better than the original. The Supplier must notify the Authority three (3) months prior to discontinuation. Any equivalent model or better must be provided to the Authority free of charge for one (1) month for evaluation. 3.8 If the Authority gives notice to the Supplier during the Guarantee Period or within thirty (30) days thereafter of any defect in any of the Goods that has arisen under proper and normal use, the Supplier shall, without prejudice to the Authority’s other rights or remedies including those under clause 6, as quickly as possible remedy such defects, either by repair or replacement as the Authority shall elect, without cost to the Authority. 3.9 In the event that the Supplier in the course of the Agreement procures goods or services including equipment from third parties on behalf of the Authority then it shall at all times do so in accordance with the Public Contracts Regulations 2006 as though the Supplier were a Contracting Authority within the meaning of those RegulationsSchedule 7. 3.10 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

The Goods. 3.1 The Authority relies on the skill and judgement of the Supplier in the supply of the Goods and the execution of the Agreement. The Supplier shall ensure that the Goods shall: (a) Goods: correspond with their description, any approved samples description and any applicable Statement of Requirements; (b) be Specification; are of satisfactory quality (within the meaning of the Sale of Goods Xxx 0000Act 1979, as amended) and fit for any purpose held out by the Supplier or made known to the Supplier by the Authority Plus Dane expressly or by implication; (c) , and in this respect Plus Dane relies on the Supplier's skill and judgement; where they are manufactured products, be free from defects in design, material and workmanship and remain so for the duration of the Guarantee Period; (d) their intended lifespan following delivery; and comply with all applicable statutory and regulatory requirements in the United Kingdom relating to the manufacture, labelling, packaging, packaging storage, handling and delivery of the Goods; (e) . If the Supplier is supplying bespoke or made to measure Goods, the Supplier may be required to attend Site and take all necessary measurements from time to time to ensure that the Goods comply with the Specification. The Supplier is solely responsible for ensuring the accuracy of such measurements. Plus Xxxx may reject any instructions Goods that do not comply with clause 3.1 as a result of the Authority or requirements of the carrier in relation to labelling, packaging, storage, handling and delivery of Goods as well as ensuring that: the Goods are marked with the Contract number or such other reference number notified incorrect measurements by the Authority; the net, gross and tare weights as well as the contents are marked on any container; and all containers of hazardous Goods (and all documentation relating thereto) bear prominent and adequate warnings; and (f) be to the reasonable satisfaction of the Authority; 3.2 Supplier. 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 Agreement, including under any Purchase Order. 3.3 The Authority Contract and shall have promptly produce documentary evidence of the same on Plus Xxxx's request. Plus Xxxx has the right to inspect and test the Goods at any time and at any location before delivery and the Supplier shall permit the Authority or authorised representatives to make any inspections or tests which may reasonably be required and shall afford all reasonable facilities and assistance free of charge at the Supplier’s premises. 3.4 If required by the Authority, samples of Goods shall be submitted by the Supplier to the Authority for evaluation and approval at the Contractor’s cost and expense and all subsequent deliveries of the Goods shall be equal in quality to or better than approved samples. 3.5 delivery. If following such inspection, inspection or testing or evaluation the Authority Plus Dane considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at clause 3.1, the Authority Plus Dane shall inform the Supplier and, without prejudice to the Authority’s other rights or remedies including those under clause 6, and the Supplier shall immediately take such remedial action (at its own cost) as is necessary to ensure compliance. 3.6 No failure to make complaint at the time of such inspection, tests or evaluation and no approval given during or after such tests, inspections or evaluation shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and, in particular, the Authority retains the right to reject the Goods. Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for the Goods and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract, and the Authority Plus Dane shall have the right to conduct further inspections and tests after the Supplier has carried out its remedial actions. 3.7 Where Goods are discontinued by the manufacturer, the Supplier shall supply an equivalent model equal or better than the original. The Supplier must notify the Authority three (3) months prior to discontinuation. Any equivalent model or better must be provided to the Authority free of charge for one (1) month for evaluation. 3.8 If the Authority gives notice to the Supplier during the Guarantee Period or within thirty (30) days thereafter of any defect in any of the Goods that has arisen under proper and normal use, the Supplier shall, without prejudice to the Authority’s other rights or remedies including those under clause 6, as quickly as possible remedy such defects, either by repair or replacement as the Authority shall elect, without cost to the Authority. 3.9 In the event that the Supplier in the course of the Agreement procures goods or services including equipment from third parties on behalf of the Authority then it shall at all times do so in accordance with the Public Contracts Regulations 2006 as though the Supplier were a Contracting Authority within the meaning of those Regulations. 3.10 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

The Goods. 3.1 The Authority relies on the skill and judgement of the Supplier in the supply of the Goods and the execution of the Agreement. (a) The Supplier shall ensure that the Goods shall: (ai) correspond with their description, any approved samples description and any applicable Statement of RequirementsSpecification; (bii) be of satisfactory quality (within the meaning of the Sale of Goods Xxx 0000Act 1979, as amended) and fit for any purpose held out by the Supplier or made known to the Supplier by the Authority Company expressly or by implication, and in this respect the Company relies on the Supplier's skill and judgement; (ciii) where applicable, be free from defects in design, material and workmanship and remain so retain the characteristics required by paragraphs i) and ii) above for the duration their reasonably expected working life or if greater a period of the Guarantee Period;12 months after Delivery; and (div) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods;. (eb) comply with any instructions of the Authority or requirements of the carrier in relation to labelling, packaging, storage, handling and delivery of Goods as well as ensuring that: the Goods are marked with the Contract number or such other reference number notified by the Authority; the net, gross and tare weights as well as the contents are marked on any container; and all containers of hazardous Goods (and all documentation relating thereto) bear prominent and adequate warnings; and (f) be to the reasonable satisfaction of the Authority; 3.2 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 Agreement, including under any Purchase OrderContract. 3.3 (c) The Authority Company’s rights under these Terms shall be in addition to the statutory conditions implied in favour of the Company by the Sale of Goods Act 1979 and the Supply of Goods Act 1982. (d) The Company shall have the right to inspect and test the Goods at any time before delivery and the Supplier shall permit the Authority or authorised representatives to make any inspections or tests which may reasonably be required and shall afford all reasonable facilities and assistance free of charge at the Supplier’s premisesdelivery. 3.4 If required by the Authority, samples of Goods shall be submitted by the Supplier to the Authority for evaluation and approval at the Contractor’s cost and expense and all subsequent deliveries of the Goods shall be equal in quality to or better than approved samples. 3.5 (e) If following such inspection, inspection or testing or evaluation the Authority Company considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at clause 3.10, the Authority Company shall inform the Supplier and, without prejudice to the Authority’s other rights or remedies including those under clause 6, and the Supplier shall immediately take such remedial action as is necessary to ensure compliance. 3.6 No failure to make complaint at the time of such inspection, tests or evaluation and no approval given during or after such tests, inspections or evaluation shall constitute a waiver by the Authority of any rights or remedies in respect of the Goods and, in particular, the Authority retains the right to reject the Goods. (f) Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for the Goods and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract, and the Authority Company shall have the right to conduct further inspections and tests after the Supplier has carried out its remedial actions. 3.7 Where (g) The Supplier shall ensure the Goods are discontinued accompanied by the manufacturer, the Supplier shall supply an equivalent model equal or better than the original. The Supplier must notify the Authority three (3) months prior to discontinuation. Any equivalent model or better must be provided all instructions and technical documentation relating to the Authority free of charge for one Goods in a clear and sufficiently detailed format as is necessary in order to enable the Company to install, start up, operate and maintain (1including repair) month for evaluationthe Goods. 3.8 If the Authority gives notice to the Supplier during the Guarantee Period or within thirty (30) days thereafter of any defect in any of the Goods that has arisen under proper and normal use, the Supplier shall, without prejudice to the Authority’s other rights or remedies including those under clause 6, as quickly as possible remedy such defects, either by repair or replacement as the Authority shall elect, without cost to the Authority. 3.9 In the event that the Supplier in the course of the Agreement procures goods or services including equipment from third parties on behalf of the Authority then it shall at all times do so in accordance with the Public Contracts Regulations 2006 as though the Supplier were a Contracting Authority within the meaning of those Regulations. 3.10 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.