North East Scotland College Procurement
North East Scotland College General Terms and Conditions of Purchase
The Contract is for the sale and delivery of goods or services described in the Purchase Order, and any specifications or drawings detailed, and includes all protection, painting, packing, marking and delivery, unless otherwise agreed and detailed in the order.
These General Conditions shall form part of the Order. They shall not be varied, and conditions published in any form by the supplier shall neither annul nor alter them, nor any instructions contained in the Purchase Order unless specifically agreed by both parties in writing.
All contracts raised on behalf of North East Scotland College shall be governed by the Law of Scotland.
Assignment and Sub-Contracting: The Supplier shall not assign or sub-let any of its commitments under the Contract without the Purchaser's prior written agreement. Such consent, if granted, shall not relieve the Supplier from any liability or obligation under the Contract.
Liabilities, Indemnities and Risk: The Purchaser's financial liability is limited to that detailed in the Order.
The Supplier shall be liable for, shall indemnify, and keep indemnified the Purchaser, their employees, servants and agents against all claims arising in consequence of this Order and relating to -
a. All loss or damage to any property, equipment or tools whatsoever, belonging to the Supplier or any third party.
b. Any liability for the sickness, injury or death of any personnel of the Supplier or any third party.
The goods shall remain the Suppliers property, at the supplier's risk, until delivery is effected in accordance with the Order instructions.
Patents: The Supplier shall fully indemnify the Purchaser against all claims and expenses relating to infringement or alleged infringement of any patent, design, trade-mark, copyright or standard relating from the use or re-sale of goods supplied against this Order.
Safety: To enable North East Scotland College to comply with the HEALTH AND SAFETY AT WORK ACT 1974 and any subsequent revisions or amendments, the Supplier shall provide full information about the use for which any materials are designed and tested, and about any conditions necessary to ensure such materials will be safe and without risk to health when properly handled, stored, transported and used. This information is to be provided in writing and is to be marked with the relevant Order and item numbers.
Hazardous Goods: These must be marked, by the Supplier, with the appropriate International Danger Symbols and display the name of the material in English. Transport and other documents must include a declaration of the hazard and the name of the material in English. Goods must be accompanied by emergency information in English, in the form of written instructions, labels and markings. The Supplier shall observe the requirements of UK and international agreements and regulations relating to the packaging, labelling and carriage of hazardous goods.
Guarantee: During the period of twelve months (or for a period of Suppliers Warranty, whichever is the greater) after the date of the delivery or of the supply of service (or commissioning, if agreed), the Supplier shall, with all possible speed and without cost to the purchaser, replace or repair the goods or any part found to be defective due to faulty materials, workmanship, design or to any act or omission of the Supplier.
Cancellation or Suspension: The Purchaser shall have the right to cancel or suspend this Order in whole or in part at any time. The Purchaser shall re-imburse the Supplier for all costs directly attributable to the cancellation and chargeable to the Purchaser up to the time of the cancellation and non-recoverable by the Supplier by resale. Full substantiation of these costs may be required. The exception to this shall be where the suspension or cancellation is due to Supplier default (see Termination below).
Termination: The Purchaser may terminate the Order/Contract immediately by notice in writing if:
- the goods or services supplied fail to meet the standard required, or if the Supplier is otherwise in breach of its contractual obligations;
- the Supplier commits an act of bankruptcy, or makes or enters into any Deed of Arrangement or composition with its creditors, or suffers liquidation or apparent insolvency, or has a receiver or administrator appointed to all or any part of its assets, or suffers or allows any diligence or execution to be levied on its property or obtained against it.
Delivery: Date: It is an essential condition of this Order that the delivery dates are strictly adhered to.
Packing and Marking: The material shall be packed or protected in a manner suitable for the transport used and for unloading at the delivery point. Items such as spare parts are to be labelled with our Order number, makers part number and our inventory number when detailed on the Order.
Advice Note: All deliveries shall be accompanied by an advice note clearly displaying:
- the delivery address and consignee detailed on the Order.
- the Purchase Order number.
- details of all items supplied (including North East Scotland College inventory numbers, when provided).
Force Majeure: The Supplier shall not be liable for failure to perform its obligations under the order if such failure is caused by circumstances outwith reasonable foresight and control, providing that full notification is given in writing; the situation will then be reviewed after fourteen days.
Confidentiality: All information obtained in the course of completing this Order is confidential and shall not be divulged by the Supplier, its servants or agents without specific approval from North East Scotland College's Purchasing Officer. This obligation shall continue after the Order is complete.