Terms and Conditions

1.. Order Number:

The Order No must be quoted on all advice notes, delivery notes, invoices and correspondence relating to the order.

2. Delivery:

A delivery note must accompany all goods and delivery shall be made as directed.  If the goods or any portion thereof are not delivered within the time or times specified in the order or where no time is specified then within a reasonable time the Trust shall be entitled to determine the contract in respect of the goods undelivered as aforesaid and any other goods already delivered under the contract.  On such determination the Trust shall be entitled:

a)  to return to the contractor at the contractor’s risk and expense any of the goods already delivered and to recover from the contractor any monies paid by the Trust in respect of such goods

b)  to recover from the contractor any additional expenditure reasonably incurred by the Trust in obtaining other goods in replacement of those in respect of which the contract has been determined

3. Invoices

The invoice must follow within 7 days of delivery and should be sent to the address showing at the top of the order overleaf.

4. Carriage and Packing

No carriage or packing charges will be accepted unless authorised by the order.

5. Excess Delivery:

The Trust reserves the right to return to the contractor at the contractor’s risk and expense any goods delivered in excess of the quantities specified in the order.

6. Rejection of Goods:

If the goods do not conform to sample or to the specifications or descriptions set out in the order the Trust reserves the right to reject them within a reasonable time after delivery and return them at the contractor’s risk and expense.  The goods supplied shall be of the quality or sort specified in the order and where so required equal in every respect to the Trust’s standard patterns and/or specifications or to samples submitted and approved and where an appropriate British Standard Specification or British Standard Code of Practice issued by the British Standards Institution or equivalent EC standard is current at the date of this order then all goods and materials supplied hereunder and all workmanship shall be to a standard not less than that standard.

7. Indemnity:

The contractor hereby indemnifies the Trust in respect of:

a)  any liability which may be imposed on it under any Act of Parliament or Common Law in respect of any personal injury to any person whether employed by it or not occasioned by or in consequence of the performance of this contract;

b)  any damage or injury to the property of the Trust or any person caused by the contractor,  his workmen, servants or agents unless due to any act or neglect of the Trust or any person for whom the Trust is responsible. 

The contractor shall insure the Trust and contractor jointly against the liabilities referred to in this clause and shall produce to the Trust or Trust whenever required the policy or policies of insurance as aforesaid together with the current receipts for the payment of the premiums due

8. Services:

The services must be carried out by the contractor at the place specified in the order at the time or times stipulated by or on behalf of the Trust or if no time is stipulated within a reasonable time.

9. Breach of Conditions:

In the event of any breach of any of the above conditions the Trust shall be at liberty to cancel the contract and to recover from the contractor any expenses incurred by it arising in any way whatsoever out of such a breach.

10. Stoppages etc:

The Trust reserves the right to cancel this order or any part uncompleted without prejudice to any of  its rights and remedies if a stoppage occurs due to fire, strikes, lockouts, force majeure or from any other cause or causes beyond the Trust’s control or from any cause or causes due to any acts or demands of the British Government or any Government Department or as a consequence of War or outbreak of hostilities.

11. Corrupt Practices:

The Trust is empowered to cancel the contract and to recover from the contractor the amount of any loss resulting from such cancellation if the contractor shall have offered or given or agreed to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of the contract or any other contract with the Trust or for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the Trust or if the like acts shall have been done by any person employed by him or acting on his behalf (whether with or without the knowledge of the contractor) or if in relation to any contract with the Trust the contractor or any person employed by him or acting on his behalf shall have committed any offence under the Prevention of Corruptions Acts, 1889 to 1916 or shall have given any fee or reward the receipt of which is an offence under Section 117(2) of the Local Government Act 1972.