Purchase Order Terms & Conditions 

Purchase Order Terms & Conditions – Anderson Consulting Partners

1. Application of Terms 

These Terms apply to every Purchase Order ("PO") issued by Anderson Consulting Partners Pty Ltd ("Company") to the Supplier named in the PO. These Terms prevail over any Supplier terms. No variation is valid unless approved in writing by the Company’s Directors.

2. Supply and Delivery

Performance: The Supplier must supply the Goods, Services, or Rental Items ("Supply") by the date specified. Time is of the essence.

Delivery: Delivery must be made to the address nominated by the Company. The Supplier bears all costs and risk of loss or damage until the Supply is delivered and accepted by the Company.

Title:

• • Goods: Title passes to the Company upon the earlier of payment or delivery.

  • Rental Items: Title remains with the Supplier, but the Company is granted quiet possession for the rental term.

3.  Quality and Warranties 

The Supplier warrants that all Goods, Services, and Rental Items will:

• Be free from Defects in design, material, and workmanship;

• Be fit for purpose and of new and best quality;

• Comply with all Legal Requirements and Australian Standards; and

• Not infringe any third-party intellectual property rights.

4. Acceptance and Defects

Inspection: The Company may inspect the Supply at any time. Payment does not constitute acceptance.

Defect Liability: For 12 months following delivery or completion (or 12 months from the date of remedial work), the Supplier must remedy any Defects at its own cost.

Failure to Remedy: If the Supplier fails to remedy a Defect within a reasonable time (or 14 days for Services), the Company may rectify the Defect itself and recover all costs from the Supplier.

5. Price and Payment

Invoicing: The Supplier must invoice upon completion or monthly for contracts exceeding 30 days.

Payment Terms: The Company will pay correct invoices by the 30th day of the month following receipt of the invoice.

GST: Prices are exclusive of GST. The Company will pay applicable GST subject to receiving a valid tax invoice.

6. Risk and Indemnity (Risk Protection)

Indemnity: The Supplier indemnifies the Company, its officers, and employees against all losses, costs, liabilities, and claims (including personal injury, property damage, and IP infringement) arising out of the Supply or the Supplier’s negligence or breach.

Limitation of Liability: The Company is not liable to the Supplier for any consequential loss, loss of profit, or business interruption.

7.  Insurance 

The Supplier must maintain the following insurance policies with reputable insurers:

• Public Liability: Minimum $20,000,000 per claim.

• Product/Property: Full insurable value for Goods/Rentals in transit or use.

• Motor Vehicle: Third-party property damage minimum $5,000,000.

• Workers Compensation: As required by law.

8. Termination

For Convenience: The Company may terminate the Contract at any time by giving 3 days’ written notice. The Company will only pay for work properly performed up to the date of termination.

For Cause: The Company may terminate immediately if the Supplier breaches the Contract. The Company shall not be liable for any further costs or damages to the Supplier.

9. Compliance and Safety

The Supplier must comply with all applicable laws (including taxation) and the Company’s health, safety, and security directions while on Company premises.

The Supplier is an independent contractor and not an agent or employee of the Company.

10.  General

Assignment/Subcontracting: The Supplier must not assign or subcontract any part of the Contract without the Company’s prior written consent.

Governing Law: This Contract is governed by the laws of South Australia. The parties submit to the exclusive jurisdiction of the courts of South Australia.