These Terms and Conditions apply to the order for goods (Goods) or services (Services) placed by Charles Sturt University (University) as described on the front of this purchase order (Purchase Order). They are to be read as in addition to any terms specified on the front of this Purchase Order and/or any attachment to it that is expressly incorporated in writing.
No amendments to these Terms and Conditions will be binding on the parties unless approved in writing by the University staff member with the actual delegated authority to approve any such amendments.
The Supplier is taken to have accepted a Purchase Order if it notifies the University that it accepts the Purchase Order or delivers the Goods and/or Services described in the Purchase Order. The Purchase Order once accepted, combined with these Terms and Conditions and any terms and conditions in the Purchase Order and/or any attachment expressly incorporated in writing will form a binding agreement between the parties (Agreement).
The University may at any time before delivery change or cancel the Purchase Order. If the Supplier has already incurred expense in arranging for the order or delivery of the Goods and/or Services specified in the first Purchase Order, the University agrees to pay the Suppliers reasonable costs or expenses incurred. If the University has changed the Purchase Order and any change causes an increase or decrease in the cost of the Goods and/or Services, or time required to deliver the Goods and/or Services, an equitable adjustment must be made, appropriate to the circumstances.
If the time period for delivery to the University is specified on the front of this Purchase Order then time will be of the essence under this agreement. Payment of any invoice by the University will not be deemed acceptance of any Goods and/or Services, but rather such Goods and/or Services will be subject to a 4 month period of inspection, testing, acceptance or rejection by the University. The property and risk in the Goods will pass to the University when they are delivered to the University. Packing notes clearly marked with the sender's name and our order number must accompany all consignments.
Except as expressly provided in the Purchase Order, the Supplier may not sub-contract any obligations under this Agreement without the prior written consent of the University. Where the Supplier sub-contracts any of its obligations under this Agreement, the Supplier remains liable for the carrying out and completion of those obligations.
In consideration of the provision of Goods and/or Services under this Agreement, the University agrees to pay to the Supplier the fees specified in the Purchase Order (Fees). Unless otherwise specified in the Purchase Order, the University agrees to pay the Supplier the Fees within 30 days of receipt and acceptance of an invoice, clearly marked with the purchase order number, by the University. If GST is payable in connection with the Goods and/or Services to be supplied under this Agreement, then the Supplier irrevocably warrants and agrees that the Fees payable to it under this Agreement and specified in the Purchase Order is the GST inclusive price of those Goods and/or Services unless otherwise agreed in the Purchase Order.
The Supplier indemnifies the University against all losses the University directly or indirectly sustains or incurs as a result of:
The Supplier represents and warrants that: