19 November 2002
Specific Terms and Conditions of Contract for Goods
These Terms and Conditions are specific to Contracts for Goods and should follow the General Terms and Conditions of Contract where a Contract is to be let for the provision of Goods or Goods and Services.
Contents
SG1 The Goods
SG2 Delivery
SG3 Property and Risk
SG4 Damage in Transit
SG5 Inspections, Rejections and Guarantee
SG6 Labelling and Packaging
SG7 Variation of the Requirement
SG8 Training
SG9 Manner of carrying out the Installation Work
SG1 The Goods
SG1.1 If required by the Client, samples of Goods shall be submitted for evaluation and approval and all subsequent deliveries of the goods shall be equal in quality to approved samples.
SG1.2 The Goods shall be to the reasonable satisfaction of the Client and shall conform in all respects with any sample approved by the Client and with any particulars specified in this Contract and in any variations thereto.
SG1.3 The Goods shall conform in all respects with the requirements of any statutes, orders, regulations or bye-laws from time to time in force. In the absence of a specification or sample, all Goods supplied shall be within the normal limits of industrial quality.
SG1.4 The Goods shall be fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Client and the Client relies on the skill and judgment of the Contractor in the supply of the Goods and the execution of the contract.
SG2 Delivery
SG2.1 The Goods shall be delivered to the place named in the Contract. Any access to the Client’s premises and any labour and equipment that may be provided by the Client in connection with delivery shall be provided without acceptance by the Client of any liability whatsoever and the Contractor shall indemnify the Client and the Crown in respect of any actions, suits, claims, demands, losses, charges, costs and expenses which the Client or the Crown may suffer or incur as a result of or in connection with any damage or injury (whether fatal or otherwise) occurring in the course of delivery or installation to the extent that any such damage or injury is attributable to any act or omission of the Contractor or any of the Contractor's sub-contractors or suppliers.
SG2.2 Except where otherwise provided in the Contract, delivery shall include the unloading and stacking of the Goods by the Contractor's employees, suppliers or carriers at such place as the Client or duly authorised person shall reasonably direct.
SG2.3 Where any access to the Client’s premises is necessary in connection with delivery or installation the Contractor and the Contractor's sub-contractors or suppliers shall at all times comply with the reasonable requirements of the Client's Head of Security.
SG2.4 The time of delivery shall be of the essence and failure to deliver within the time promised or specified shall enable the Client (at the Client's option) to release the Client from any obligation to accept and pay for the Goods and/or cancel all or part of the Contract therefor, in either case without prejudice to other rights and remedies.
SG3 Property and Risk
Property and risk in the Goods shall without prejudice to any other rights or remedies of the Client (including the Client's rights and remedies under Condition SG5 hereof) pass to the Crown at the time of acceptance of delivery.
SG4 Damage in Transit
On dispatch of any consignment of the Goods the Contractor shall send to the Client at the address for delivery of the Goods an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. The Contractor shall free of charge and as quickly as possible either repair or replace (as the Client shall elect) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Client provided that:
(a) in the case of damage to such Goods in transit the Client shall within thirty days of delivery give notice to the Contractor that the Goods have been damaged,
(b) in the case of non-delivery the Client shall (provided that the Client has been advised of the dispatch of the Goods) within ten days of the notified date of delivery give notice to the Contractor that the Goods have not been delivered
SG5 Inspection, Rejection and Guarantee
SG5.1 The Contractor shall permit the Client or authorised representatives to make any inspections or tests which may reasonably be required and the Contractor shall afford all reasonable facilities and assistance free of charge at the Contractor's premises. No failure to make complaint at the time of such inspection or tests and no approval given during or after such tests or inspections shall constitute a waiver by the Client of any rights or remedies in respect of the Goods and, in particular, the Client retains the right to reject the Goods.
SG5.2 The Client may by written notice to the Contractor reject any of the Goods which fail to conform to the approved sample or fail to meet the requirements specified herein. Such notice shall be given within a reasonable time after delivery to the Client of the Goods concerned. If the Client shall reject any of the Goods pursuant to this Condition the Client shall be entitled (without prejudice to other rights and remedies) either:
(a) to have the Goods concerned as quickly as possible either repaired by the Contractor or (as the Client shall elect) replaced by the Contractor with Goods which conform in all respects with the approved sample or with the requirements specified herein; or
(b) to obtain a refund from the Contractor in respect of the Goods concerned.
SG5.3 The guarantee period applicable to the Goods shall be 12 months from putting into service or 18 months from delivery, whichever shall be the shorter. If the Client shall within such guarantee period or within 30 days thereafter give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during such guarantee period under proper and normal use the Contractor shall (without prejudice to any other rights and remedies which the Client may have) as quickly as possible remedy such defects (whether by repair or replacement as the Client shall elect) without cost to the Client.
SG5.4 Any Goods rejected or returned by the Client as described in Clauses SG5.2 or SG5.3 shall be returned to the Contractor at the Contractor's risk and expense.
SG6 Labelling and Packaging
SG6.1 The Goods shall be packed and marked in a proper manner and in accordance with the Client's instructions and any statutory requirements and any requirements of the carriers. In particular the Goods shall be marked with the contract number, (or other reference number if appropriate) the net, gross and tare weights, the name of the contents shall be clearly marked on each container and all containers of hazardous Goods (and all documents relating thereto) shall bear prominent and adequate warnings. The Contractor shall indemnify the Client and the Crown against all such actions, suits, claims, demands, losses, charges, costs and expenses which the Client or the Crown may suffer or incur as a result of or in connection with any breach of this Condition.
SG6.2 All packaging materials will be considered non-returnable and will be destroyed unless the Contractor's advice note states that such materials will be charged for unless returned. The Client accepts no liability in respect of the non-arrival at the Contractor's premises of empty packages returned by the Client unless the Contractor shall within ten days of receiving notice from the Client that the packages have been dispatched notify the Client of such non-arrival.
SG6.3 The Contractor should give, without additional cost to the Client, a preference for the use of recycled materials in the manufacture of crates, pallets, boxes, cartons, cushioning and other forms of packaging, where these fulfill other packaging specifications. Packaging must be capable of recovery for re-use or recycling. The Contractor should revise packaging specifications periodically to ensure that no unnecessary limitations on the use of recycled materials exist.
SG7 Variation of Requirement
SG7.1 The Contractor shall not alter any of the Goods except as directed by the Client, but the Client shall have the right from time to time during the execution of the Contract, by written notice to direct the Contractor to add to or omit, or otherwise vary, the Goods, and the Contractor shall carry out such variations and be bound by the same Conditions so far as is applicable, as though the said variations were stated in the Contract.
SG7.2 In the event of any variation of the contractual requirement in accordance with Clause SG7.1 above which would occasion an amendment to the Contract Price, the Contractor shall, within 7 days of receipt of such notification of variation, advise the Client in writing of the amount of any such amendment. Any such amendment shall be ascertained and determined at the same level of pricing as that contained in the Contractor's tender.
SG7.3 If, in the opinion of the Contractor, any such variation in accordance with Clause SG7.1 above is likely to prevent the Contractor from fulfilling any of their obligations under the Contract, the Contractor shall notify the Client immediately, whereupon the Client shall inform the Contractor within 14 days whether or not the said variations shall be carried out. Until the Client confirms such instructions in writing they shall be deemed not to have been given.
SG8 Training
Where appropriate, the Contract price shall include the cost of instruction of the Client's personnel in the use of the Goods, such instructions shall be in accordance with the requirements of the Contract.
SG9 Manner of Carrying out the Installation Work
SG9.1 The Contractor shall make no delivery of materials, plant or other things nor commence any work on the Client’s Premises without obtaining the Client's prior consent.
SG9.2 Access to the Client’s Premises shall not be exclusive to the Contractor but only such as shall enable the performance of the Contract concurrently with the execution of work by others. The Contractor shall co-operate with such others as the Client may reasonably require.
SG9.3 The Client shall have the power at any time during the progress of the Contract to order in writing:
(a) the removal from the Client’s Premises of any materials which in the opinion of the Client are either hazardous, noxious or not in accordance with the Contract, and/or;
(b) the substitution of proper and suitable materials, and/or:
(c) the removal and proper re-execution notwithstanding any previous test thereof or interim payment therefore of any work or Goods which, in respect of material or workmanship, is not in the opinion of the Client in accordance with the Contract.
SG9.4 On completion of the Contract the Contractor shall remove the Contractor's plant, equipment and unused materials and shall clear away from the Client’s Premises all rubbish arising out of the Contract and leave the Client’s Premises in a neat and tidy condition.