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Audit Commission > About us > Procurement and spending > Terms and conditions

Terms and conditions

The following are the standard terms and conditions for purchase orders. Where there is a contract or framework agreement in place, the relevant terms and conditions will apply.

  1. These terms and conditions shall apply to the contract for the supply of Goods/Services described or referred to in the order (in these terms and conditions called “the Goods/Services”) and shall continue to apply despite any purported variation by the Supplier or any terms which are included on or with any order confirmation invoice advice or despatch note or other communication whenever sent from the Supplier to the Audit Commission except where any variation shall have been agreed in writing by a duly authorised servant or agent of the Audit Commission. Where the order is placed in accordance with an existing Audit Commission contract or framework agreement, the terms and conditions of the contract or framework agreement shall prevail over these terms and conditions.
  2. The Supplier will acknowledge an order in writing and confirm that the Goods/Services will be supplied in accordance with the instructions stated on the order.
  3. The date of delivery of the Goods/Services will be that specified on the order unless agreed otherwise between the Audit Commission and the Supplier. The Supplier will furnish such programmes of manufacture and delivery as the Audit Commission may reasonably require and the Supplier will give notice to the Audit Commission as soon as practicable if such programmes are or are likely to be delayed.
  4. The Supplier will supply and deliver the Goods or perform the Services at the price and in accordance with the instructions set out on the order and upon the Supplier’s default in any respect, the Audit Commission shall be entitled at its option to terminate the order, reject the Goods/Services, obtain alternative Goods/Services, renegotiate the price, accept the Goods/Services with or without conditions or request the Supplier to fulfil its obligations under Clause 10 below and in addition recover any additional costs from the Supplier.
  5. The Supplier shall be responsible for and shall indemnify the Audit Commission against any and all loss damage injury or otherwise to person or property (including employees and property of the Audit Commission) arising out of the negligent performance or default in performance of the order by the Supplier. The Supplier is advised to insure against this risk.
  6. a) The Supplier will transfer the property in the Goods to the Audit Commission
    at the time of delivery and will indemnify the Audit Commission against any
    claim to ownership of the Goods or to the proceeds of sale whether made
    before or after delivery.
    b) The Supplier is responsible for all risks in the Goods until the Goods have
    been delivered to the Audit Commission’s premises or other premises at the
    Audit Commission’s direction.
  7. Unless otherwise agreed in writing payment shall be made in the month following either the month in which the Supplier’s invoice is received at the Audit Commission’s invoice address or the month in which the Goods or the last of them are delivered in accordance with the order whichever is the later event.
  8. The conditions and warranties implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are incorporated in these conditions.
  9. The Goods shall be supplied properly packed to withstand any damage likely to be suffered during transit unloading storage and delivery to the Audit Commission or its employees.
  10. Those Goods which on delivery, installation, initial operation, use or earlier inspection are found to be damaged or defective shall at the Audit Commission’s option be replaced or repaired at the cost of the Supplier or the purchase price refunded (unless the Audit Commission elect to exercise their alternative rights under Clause 4 above) provided that the Supplier shall not be liable for any damage caused to the Goods by the negligence of the Audit Commission their agents or servants and the Supplier shall in the case of major defects or damage be entitled to inspect the Goods within a reasonable period of having been given notice thereof.
  11. In addition to their rights under Clauses 4 and 10 above, the Audit Commission shall have the right to return to the Supplier any Goods found within a period of 12 months after delivery installation sale or use to be so seriously or repeatedly defective that the Audit Commission or its employees are or are likely to be deprived unreasonably of full use of the Goods and the Supplier shall bear the cost of providing replacements if so required by the Audit Commission.
  12. Any specifications, plans, drawings, patterns or designs supplied by the Audit Commission to the Supplier in connection with the contract shall remain the property of the Audit Commission and any information derived therefrom or otherwise communicated to the Supplier as confidential and shall not without the consent in writing of the Audit Commission be published or disclosed to any third party, or made use of by the Supplier except for the purpose of implementing the order.
  13. The contract shall not be assigned by the Supplier or sub-let as a whole. The Supplier shall not sub-let any part of the work without the Audit Commission’s written consent, which shall not be unreasonably withheld. The Supplier shall be responsible for all work done and goods supplied by all sub-contractors.
  14. Where the Goods or any of them to be supplied are or are potentially hazardous to health or to the environment they shall be properly labelled and the Supplier shall provide the Audit Commission with full details of the hazardous content of such goods and details of the correct measures to be taken in the event of exposure and/or accidental spillage.
  15. The Supplier shall perform the Services using the best applicable techniques and standards and execute the Services with all reasonable care, skill and diligence and in accordance with good industry practice
  16. In delivering the Goods or performing the Services the Supplier shall comply with and take into account all applicable laws, enactments, orders, regulations and other similar instruments.
  17. If the Supplier shall become bankrupt or have a receiving order made against him or enter into any arrangement or composition with his creditors or being a Company shall be the subject of voluntary or compulsory winding up proceedings otherwise than for the purpose of amalgamation or reconstruction or shall carry on its business under a receiver for the benefit of its creditors or any of them the Audit Commission may terminate the contract forthwith by notice in writing to the Supplier or to the receiver or liquidator or to any person in whom the contract may become vested.
  18. This contract for the Supply of Goods and/or Services shall be governed by English Law.