TERMS & CONDITIONS
Purchase Order Terms & Conditions for supply of Goods, Raw materials and services to Sam Technology Engineers Pty Ltd (ABN 97 114 867 980)
By accepting this Purchase Order, the supplier agrees to supply the Goods to Sam Technology Engineers Pty Ltd on the following terms and conditions.
Goods means the services, articles, products, materials, supplies, items, parts, components, tools, dies, information, Technical Data Packages or any of them described on the face of the order and includes new tools, raw materials, incomplete or unfinished items, appurtenances and spare parts.
Order means this purchase order and these terms and conditions and includes all information provided by Sam Technology to the supplier with or supplementary to the order and any variation in writing agreed to by the parties.
Supplier means the person, partnership, joint venture, firm, company, government or entity described on the face of the order and includes their personal representatives, survivor and permitted assigns.
1. Sam Technology Engineers Pty Ltd is hereinafter termed the Company. The person, firm or company supplying is hereinafter termed the contractor.
2. Goods or materials supplied shall conform in all respects with the Specification or sample. I n the absence of a specification or sample, all goods and materials supplied shall be the best of their respective kinds and shall be subject to the approval of the Company.
3. The company reserves to itself the right to have inspected any goods or materials before dispatch from the contractor’s premises, but such inspection shall not relieve the contractor from any responsibility and/or such guarantees or warranties as may be given or implied nor be interpreted so as in any to imply acceptance of such goods and materials.
4. The Company’s inspector mat adopt any means he may think fit to satisfy himself that the correct materials are or have been used and he shall have the right to inspect in any manner he may think fit without giving previous notice the entire work or any part thereof at every stage of progress, to require the amendment or alternation of anything which in his opinion does not comply with the Company’s order and to reject the whole or any part of the work of which he may disapprove. If any work be so rejected the Contractor shall immediately at his own expense execute it afresh to the satisfaction of the Company’s Inspector.
5. The Company shall have the right to reject any, goods or materials, delivered by the Contractor not being of the stipulated type, quality, weight or measurement and to purchase the same elsewhere and any extra expense thus incurred shall be paid by the Contractor to the Company.
6. When so required by the Company, the Contractor shall mark the goods and materials ordered in accordance with the instructions of the Company.
7. The Contractor shall indemnify the Company, against all claims for royalties, damages or other losses or expenses due to arising out of the use of any patented apparatus, devices or processes in connection with this order.
8. All plans, drawings, designs or specifications supplied by the Company shall remain the property of the Company and any information obtained here from or otherwise communicated the Contractor shall be regarded by the Contractor as secret and confidential and shall not, without the consent in writing of the Company be published or disclosed to any third party or made use of by the Contractor except for the purpose hereof.
9. The laws of the State of New South Wales shall apply to any contract entered into in pursuance hereof, and any legal proceedings arising out of any such, contract shall be heard, and determined in that State.
10. The Contractor shall prior to any progress payment being made by the Company insure in the joint names of the Company and the Contractor if relevant portions of the equipment to its full contract value plus ten per cent thereof and keep it so insured against all insurable risks, physical loss or damage from any cause whatsoever until delivered of such equipment is acceptable at the place specified in the contract.
11. Before placing orders and sub – contractors, the names of the sub – contractors are to be submitted to the Company. No sub – letting or employment of a sub – contractor shall relieve the Contractor from responsibility for the proper execution of the Order. The Company reserves the right to inspect all sub – contracted work ad in so far as they are applicable these conditions shall apply in all respects thereto.
12. NO payment will be made by the Company extra to the Company to the quoted basic price. No extra work involved against any order or contract will be paid for by the company unless the extra work is approved by the Company in writing before the commencement of such work. Extras for such additional approved work must be shown as separate items when invoicing.
13. This order being for goods to be exported. It is a condition of the contract that the Seller shall declare on his invoice as to the Country of Origin of all parts of the goods and should the information in such Declaration ne not correct in any actions claims or demands against it arising there from and legal and other expenses incurred by it as a result thereof.
14. Any suggested modifications of the above Conditions must be put forward in writing and duly authorised by the Company in writing before being acted upon.
15. Invoicing must be received as an original by the 20th day of each month. If not, it will be sent in the following month payment approval.
16. Payment 45 days from approval of invoice.
17. Late delivery of goods is subject to liquidator damages of 1% per day to a maximum of 10% of the order value.