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Purchasing Terms and Conditions (Word) 44KB

T.E.D. Fine Art Australia – Purchasing Terms and Conditions

1. Any services contracted for, are to be carried out in a proper and workmanlike manner; and in accordance with the standards applicable to, and appropriate for the service in question.
2. Goods are purchased on the condition that ample time is given to enable the company to inspect the goods and to carry out any necessary trials before acceptance of the goods and that the property in the goods does not pass to the Company until they are accepted by it. Delivery of the goods is not in any way to be considered or be deemed to be an acceptance of the goods.
3. Goods are purchased subject to them complying in all respects and conforming fully with the specifications set out in, or referred to, in this Purchase Order and with all samples and other descriptions supplied by the supplier.
4. Unless otherwise specifically agreed upon in writing by the Company, all goods are purchased F.I.S. and on the express condition that the goods are at the risk of the supplier until accepted by the Company.
5. In any case where goods are purchased and are found not to be acceptable to the Company and must therefore be returned to the vendor, the supplier is responsible for paying all the costs involved.
6. Where any goods are not acceptable to the Company they shall be replaced by and at the expenses of the supplier.
7. Where the supplier delivers any goods in excess of the quantity specified in the Order, the excess will not necessarily be accepted and the Company reserves the right to always return all such excess at the risk and expense of the supplier.
8. Delivery of any goods ordered is to be made in the manner and at the rate of the specified order, if this is not possible, then the supplier shall forthwith notify the Company which reserves the right to cancel the order or any part thereof if delivery is not made at the rate and manner and within the time specified in this Order.
9. All goods must clearly be marked on the outside of the packing with this Purchase Order Number and must be accompanied by a delivery docket quoting the Purchase Order Number.
10. This Purchase Order and the documents specifically referred to herein, supersede all prior documents, correspondence and other agreements whatsoever passing between, or given, or signed, or otherwise delivered by either parties to the other of them, save and except the extent to which any such documents are specifically referred to in this Purchase Order.
11. Time is in all respects and for all purposes of the essence with this order, and any contract constituted by, or as a result of it. The Company shall be entitled forthwith to terminate the contract without further notice, if the goods purchased or the services to be rendered, are not delivered or carried out, as the case may be, in accordance with the delivery terms and conditions of the Purchase Order.
12. The Company shall become the owner and shall acquire and hold the copyright plans, specifications, drawings, diagrams, patterns, dyes, blocks, plates and like materials and works prepared by the supplier in the course of and for use in respect of this contract, in all cases, save where those materials and works are prepared generally for or in respect of goods or services to be available for supply to the public, and have not been prepared specifically for or in the course of contract that will result from the acceptance by the vendor of the Purchase Order.
13. All of the terms and conditions of this Purchase Order, save in so far as they are otherwise expressly varied or modified by agreement in writing of the parties hereto, shall apply notwithstanding any waiver or extension of time or any other time forbearance or indulgence granted by the Company in respect of the contract, the results from the acceptance of this Purchase Order or otherwise in any way whatsoever in any prior contract or agreement between the parties hereto or between the Company and any other party.
14. The contract that results from the acceptance of this Purchase Order shall in all respects be governed by and subject to the law and the State of New South Wales. 
15. All goods and services must comply with relevant Occupational Health and Safety Legislation, ie Occupational Health and Safety Act 1985 and subordinate regulations as well as Australian Standards. Failure to ensure compliance may result in cancellation of part or all the order.
16. Under the requirements of the Occupational Health and Safety Act please forward all appropriate and necessary information. Failure to supply this information may result in cancelation of part or all of the order. Information to be supplied includes:

For Plant and Machinery –

Purpose for which the plant was designed 
Hazards and risks associated with the use of the plant
Testing or inspections to be carried out on plant
Installation, commissioning, de-commissioning, use, transport, storage and dismantling guidelines 
Systems of work and competency of operators necessary for safe use of plant – Emergency procedures ( if required )

For hazardous substances –

Material Safety Data Sheets to be forwarded prior to dispatch of goods to the of Manager of the Branch who raised the Purchase Order
Special instructions 
1. All goods must be charged to the company.
2. Where services are rendered, a copy of the relevant service document should be issued to the company at the time of service.
3. Suppliers are asked to forward an invoice for all goods supplied or services rendered not later than the day following the delivery of the goods or the rendering of the services as the case may be.
4. Suppliers are requested to use separate invoice forms and delivery dockets for each Purchase Order.

Terms of Payment
Terms of payment are 30 days from date of invoice. The Company will, on demand, pay simple interest on a daily basis on any overdue amount that is not under dispute and does not exceed $3million at the rate for the time being fixed under each section 2 of the Penalty Interest Rates Act 1983 (NSW).
It is a condition of this Purchase Order that a valid Tax Invoice must be provided by the supplier before we will make your payment. Your Tax Invoice must show: 
The total GST exclusive price.
The Total GST amount being charged.
The GST inclusive price.
The words “Tax Invoice” must be displayed promintently on the invoice.
The Australian Business Number (ABN) of the supplier of the goods or services. 
The Name and Trading Name of your Business.
The Date of Issue of the Tax Invoice.
The Name of the recipient being invoiced.
A Description of the Goods or Services being supplied, including Quantity.

In the event that a company supplier forwards an invoice that does not comply with the above requirement, the supplier will be requested to provide a proper Tax Invoice within 28 days. Please note our payment terms are 30 days, and payment of your invoices may be delayed should we have to make the above request.