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Posted: May 1st, 2022
AssignmentTutorOnline
Parties
[Marino trading Business name] (Organisation)
of Marino Complex, 243-249 Park Street, Robinsvale 3999
and
[Supplier name]
ABN: [insert]
of [Insert supplier address] (Supplier)
Background
The Organisation has agreed to engage the Supplier to make a standing offer to supply the Goods in accordance with this Agreement.
The Parties agree to work together throughout the Term in accordance with the terms of this Agreement to supply of Goods under this Agreement for the benefit of both Parties.
Requesting the Goods
Standing offer to supply the Goods
The Supplier makes a standing offer to supply the Goods to the Organisation until this Agreement expires or is validly terminated. Unless otherwise terminated this agreement will continue for a period of [insert period of agreement]
Ordering Goods
The Organisation may issue a request for Goods
At any time during the Term, the Organisation’s Representative may issue to the Supplier a request for the supply of Goods by submitting a Purchase Order.
The Organisation warrants that at a minimum a Purchase Order will be raised every [insert minimum ordering frequency).
The Organisation will provide each Purchase Order within the timeframe indicated in the quote to allow the Supplier to meet delivery times and maintain KPI’s.
Minimum Purchase Obligations
The Organisation warrants that over the [insert period of ongoing agreement to supply] it will purchase total quantities that will equate to [insert agreed multiple] times the indicative quantities that form the basis of these arrangements.
Formation of a Purchase Order Contract
A Purchase Order Contract is formed, and the Purchase Order will become binding on the Supplier and the Organisation, upon receipt of the Purchase Order by the Supplier.
Terms incorporated into a Purchase Order Contract
A Purchase Order Contract incorporates all of the terms of this Agreement (other than clauses 2 and any corresponding Items in the Schedules) with such necessary changes as should be made to reflect the formation of the relevant Purchase Order Contract under this Agreement.
Inconsistency
Where there is any inconsistency between the provisions of this Agreement and any Purchase Order Contract, the provisions of this Agreement will prevail to the extent of that inconsistency.
Supply and delivery of Goods
Supplier’s obligations
The Supplier must start supplying the Goods under a Purchase Order Contract.
The Supplier must:
supply the Goods to the Organisation in accordance with this Agreement and any reasonable directions given by the Organisation;
deliver the Goods to the Organisation on or before [insert agreed delivery times]
satisfy the KPI’s included within this agreement.
Supplier Performance Indicators (KPI’s)
[Insert KPI]
[Insert KPI]
[Insert KPI]
[Insert KPI]
Delivery of Goods
Acceptance of the Goods by the Organisation will not be taken to have occurred until the Goods have been delivered.
Variations
The Organisation may accept a Proposal by notifying the Supplier in writing. In the absence of such acceptance, the Goods must be supplied in accordance with this Agreement without any variation.
Invoicing and payment
Invoicing
The Supplier must submit Tax Invoices to the Organisation in respect of the Goods and the Invoice is to be provided [delete as applicable: with the goods / by mail following delivery]
Pricing
Prices will be as set out in the quote and its terms and conditions provided by the Supplier and amendments if any made by entering this agreement.
Payment
The Organisation will pay each invoice on or before [insert when payment will be made]
Termination
The Organisation may terminate this Agreement and any or all Purchase order Contracts with immediate effect by giving notice in writing to the Supplier if the Supplier:
fails to supply the Goods in accordance with the Service Performance Requirements (KPI’s) or otherwise in accordance with the requirements of this Agreement;
breaches any provision of this Agreement or a Purchase Order Contract and, where that breach is capable of remedy, fails to remedy the breach within 1 Business Day after receiving written notice requiring it to do so (or such later date as may be specified in that notice);
breaches any provision of this Agreement or a Purchase Order Contract that is not capable of remedy;
suffers from an Insolvency Event.
—–
AssignmentTutorOnline
Parties
[Marino trading Business name] (Organisation)
of Marino Complex, 243-249 Park Street, Robinsvale 3999
and
[Supplier name]
ABN: [insert]
of [Insert supplier address] (Supplier)
Background
The Organisation has agreed to engage the Supplier to make a standing offer to supply the Goods in accordance with this Agreement.
The Parties agree to work together throughout the Term in accordance with the terms of this Agreement to supply of Goods under this Agreement for the benefit of both Parties.
Requesting the Goods
Standing offer to supply the Goods
The Supplier makes a standing offer to supply the Goods to the Organisation until this Agreement expires or is validly terminated. Unless otherwise terminated this agreement will continue for a period of [insert period of agreement]
Ordering Goods
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