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Wollongong City Council

Purchasing Terms and Conditions

The following Council Supply Contract Conditions apply to all purchases of goods and services:

  • A Supplier’s tax invoice/invoice dated any time within a calendar month will be paid 30 days after the end of that calendar month. For example, if a tax invoice/invoice is dated any time in March, it is paid at the end of April.
  • Acceptance of a Council Purchase Order by the Supplier which incorporates any limitations, additions or modifications to these supply contract conditions shall not be considered a counter offer from the Supplier.
  • Acceptance of the Purchase Order shall be considered to incorporate these supply contract conditions unless otherwise agreed in writing.
  • Claims for price increases after the Supplier has accepted the Purchase Order will not be agreed to without prior approval of Council.
  • The Supplier warrants that the sale or use of the goods and services will not infringe or contribute to the infringement of any letters patent, registered design, trademark or copyright and indemnifies Council against all costs, losses and damages suffered or incurred by Council as a result of such infringement.
  • The Supplier is to provide appropriate safety information including operating manuals, risk assessments and/or safety data sheets (SDS).
  • No substitute hazardous and dangerous goods and services will be accepted without prior approval from Council. If approval is obtained to accept such substitute goods and services, a new risk assessment is required to be completed.
  • Neither Council nor the Supplier shall be liable for any failure to fulfil its obligations under the purchase contract if such failure is due to fire, strikes, lockouts or other “force majeure” circumstances beyond its control, provided that if such failure continues for more than 28 days, either party may terminate the contract by written notice.
  • Any supply is subject to, and is to be construed in accordance with, the laws of New South Wales.
  • All goods and services supplied and all services rendered must correspond in all respects with the description on the Purchase Order. Goods and services must be to the satisfaction and approval of Council and/or its authorised representative prior to or on arrival at the delivery point as specified on the Purchase Order.
  • The Supplier bears the risk of any loss of or damage to the supply until its delivery has been completed and accepted by Council’s representative.
  • All the goods and services described on the Purchase Order shall be suitably packed and correctly addressed (including Purchase Order numbers) to ensure that the goods and services arrive at the delivery point in good order and condition.
  • Goods and services shall be delivered by the Supplier by the time specified in the Purchase Order.
  • A signed delivery docket shall not indicate unqualified acceptance by Council of the goods and services delivered. Council will promptly notify the Supplier of any defects in the supply. If the Supplier’s instructions are then not received within 60 days, Council may return the defective goods and services to the Supplier at the Supplier’s expense and risk. Any such expense may be offset against any amounts owed to the Supplier.
  • Delivery shall not be deemed to be completed until all the goods and services as described on the Purchase Order have been actually received and accepted by Council’s representatives at the delivery point as specified on the Purchase Order.
  • No charge will be made for wrapping, packing, cartons or crating unless agreement to such costs is stated in this Purchase Order.
  • The Supplier will not, without prior written agreement of Council, advertise or announce or allow to be advertised that the goods or services as described on the Purchase Order have been or will be supplied to Council.
  • The Supplier warrants goods and services supplied to be fit and sufficient for the purpose intended, to be of merchantable quality and to be free from defect in material and workmanship. In addition, such goods and services shall carry any applicable manufacturer’s warranty which Council may pass on without liability to any purchaser from Council.
  • Council reserves the right to cancel the Purchase Order if the full amount of all goods and services is not delivered on or before the delivery date specified.
  • All tax invoices/invoices and packing slips and all other correspondence relating to this Purchase Order must show the Purchase Order number and the Council’s address at which the goods and services have been or will be delivered or at which the services requested have been or will be performed. Tax invoices/invoices which do not quote the Purchase Order number may be returned for the information to be provided by the Supplier.
  • Tax invoices/invoices shall be issued promptly and directly to the billing address as shown on the Purchase Order. Tax invoices/invoices must be issued in the name of Wollongong City Council. Payments will not be made based upon tax invoice/invoice statements.