Harlow District Council Purchase Order Standard Terms and
Conditions
1. The price quoted for goods or services shall be exclusive
of Value Added Tax (VAT). VAT shall be due at the rate applicable
at the tax point date of the supplier’s invoice.
2. Any discount agreed between the supplier and Harlow
District Council (the Council) on the price shall have effect for
the duration of the agreement.
3. Payment shall be made within 30 days from receipt of a
correct and valid invoice.
4. The Purchase Order number must be quoted on all invoices
and delivery notes.
5. The Council is registered for VAT – a tax invoice is
required and payment will only be made on production of a tax
invoice.
6. a) The supplier shall ensure that all goods are
manufactured, stored, tested and packed in accordance with all
applicable E.U. and British standards applicable to them. All goods
are to be of satisfactory quality and fit for purpose.
b) All services must be carried out with due diligence.
7. The supplier warrants to the Council that the goods will,
from the time of delivery, be free from defects or failures for
such period as is reasonable for that type of goods.
8. The supplier warrants to the Council that none of the goods
constitutes or involves an infringement of any existing
intellectual property right and the supplier hereby agrees to
indemnify the Council against all charges, expenses, costs and
damages arising from any claim that the use or sale of any of the
goods so supplied constitutes or involves any such
infringements.
9. The Council shall not be deemed to have accepted any part
of the goods until after its employees or agents have inspected the
goods. The Council may reject goods that are not in accordance with
the Purchase Order until 21 days after delivery. Unless within 28
days of receipt of notice of rejection the supplier collects such
goods, the Council may dispose of them as the Council shall
consider fit.
10. Title to the goods shall pass on delivery of the goods and
(if applicable) on collection of the same by the supplier.
11. Risk in the goods shall pass on acceptance of the goods
and (if applicable) on rejection of the same by the Council.
12. Any delivery date specified shall be of the essence and
the delivery will be made to such delivery location as may be
specified by the Council in the Purchase Order.
13. The supplier shall not claim any lien, attachment or other
such right over or in connection with the goods, and shall
indemnify the Council against any and all liens, attachments or
other such rights asserted by persons who are, or who claim to be,
sub-contractors, agents or assignees of the supplier.
14. Except as stated in Paragraphs 15. and 20. below, these
terms and conditions shall apply to the exclusion of all other
terms and conditions including any terms or conditions which the
supplier may purport (or have already purported) to apply under any
sale order, confirmation of order or similar document.
15. All representations, statements or warranties made or
given by the supplier and agents (including those contained in any
of the supplier’s brochures, catalogues or advertisements) relating
to the quality and fitness for purpose of the goods shall (to the
extent that they are not inconsistent with these terms and
conditions) be deemed to be express conditions incorporated
herein.
16. If the supplier is found to have in the sole judgement of
the Council, failed to provide satisfactory performance of the
requirements of the Purchase Order; or become bankrupt or insolvent
or made an arrangement or composition with its creditors or had a
winding up petition made against it or had a liquidator or receiver
appointed or enter into liquidation either voluntarily or
compulsorily, the Council shall be entitled to terminate the
Purchase Order.
17.No delay or failure in performance by either party shall
constitute default or give rise to any claim for damages or loss of
anticipated profits if such delay or failure is caused by force
majeure.
18. The Council may make a search of the supplier with a
credit reference agency and will keep a record of that search. The
Council may also make enquiries about the principal directors of
the supplier with a credit reference agency.
19. There is a whistleblowing policy which has been
communicated to staff and those parties contracting with the
Council.
20. These terms and conditions (being part of the Purchase
Order) shall be subject to English law.
21. These terms and conditions shall be superseded by those
stated in any separate written Agreement that may be signed by duly
authorised signatories of the parties, the terms of which shall
prevail over these terms and conditions.