GENERAL TERMS AND CONDITIONS
FOR PURCHASE ORDERS

Order Price

The order price is inclusive of all costs incurred by the Supplier in the supply of the goods and/or performance of the services including all taxes and amounts payable for the use of any intellectual property rights.

Variations

No variations, including price, time or specifications, will be accepted unless the Supplier has acceptance of the variation in writing from Melbourne Building Technology (VIC) Pty. Ltd.

Terms of Payment

Payment will be made only on a correctly rendered tax invoice. Invoices which fail to correctly quote a company Purchase Order Number or are otherwise incorrect may be returned unpaid.

NOTE: Supplier invoices are stamped on receipt and receipt date referenced.

Backdated Suppliers invoices, received late, shall be processed as per date received by MBT.

Payment Terms are 30 days EOM, based on acceptance of goods or completion of services, whichever is latter.

Early settlement will be considered for discounts offered but without prejudice to the standard 30 day payment period.

Delivery of Goods

All goods are to be delivered at the time and place detailed in the Purchase Order or as requested by MBT staff, Delivery will be Free Into Store unless otherwise specified.

All goods must be suitably packed at the Supplier’s expense to ensure delivery in good order and condition.

Each item shall be marked indicating the Melbourne Building Technology (VIC) Pty. Ltd Purchase Order Number and full delivery point details.

Title and Risk

Risk of loss and damage to goods and titles shall pass to the Melbourne Building Technology (VIC) Pty. Ltd. on acceptance by the Melbourne Building Technology (VIC) Pty. Ltd.

Hazardous Materials

The Supplier shall provide material safety data sheets for any hazardous substances to be supplied under this Purchase Order.

Specifications

All goods supplied against the Purchase Order shall conform to any specifications, and descriptions set out in the Purchase Order and be free from defects in materials and workmanship

All goods supplied shall be new and unused unless otherwise specified pursuant to the Purchase Order.

All Services supplied against the Purchase Order shall only be performed by staff with all required licences, permits and certifications as required by legislation and all relevant authorities.

Indemnity

– Intellectual Property Rights

The Supplier indemnifies the Melbourne Building Technology (VIC) Pty. Ltd. against all loss, damage or expense arising in respect of any intellectual property rights by reason of the purchase, possession or use of the goods or receipt of the services.

Inspection, Acceptance & Warranty

All goods and/or services are subject to check and inspection before acceptance. If upon inspection, or during any warranty period, the goods or services are found to be not in accordance with the Purchase Order or are damaged, deficient, faulty, of unacceptable to industry standard, inadequate or incomplete, Melbourne Building Technology (VIC) Pty. Ltd. may:

(a) return the defective goods to the Supplier;

(b) reject the defective Services;

(c) repair or make good the defective goods; or,

(d) re-perform or make good the defective services.

And the Supplier must:

(a) repair or replace the defective goods;

(b) re-perform or make good the defective services; or,

(c) reimburse the Melbourne Building Technology (VIC) Pty. Ltd. for any expenses incurred in repairing, reperforming or making good (as the case may be) any defective goods or services, at the Supplier’s cost, if requested to do so by the Melbourne Building Technology (VIC) Pty. Ltd.

Cancellation

The Melbourne Building Technology (VIC) Pty. Ltd. reserves the right to cancel this Purchase Order in whole or part if the supplier is in breach of any term or condition of this Purchase Order or if the Supplier becomes insolvent or any formal action is taken against the Supplier in respect of insolvency.

Assignment

The Supplier must not assign the Supplier’s right under this Purchase Order without consent in writing from the Melbourne Building Technology (VIC) Pty. Ltd.

Entire Agreement

Where this Purchase Order relates to Goods and/or Services the subject of a formally executed contract between the Supplier and the Melbourne Building Technology (VIC) Pty. Ltd., the terms of that contract apply to the exclusion of the terms and conditions in this Purchase Order and of all other agreements, warranties and representations.

Where there is no formally executed contract, the terms and conditions in this Purchase Order constitute the entire agreement of the parties in relation to the supply of the goods and/or services and all other agreements, warranties and representations are excluded.