Formal Approval Record Document type: Policy and Procedure Document status: Final – Approved Version: 4.0 Date approved: December 2015 Approved by: Purchasing Manager Publication date: 19/01/15 Review Date: 13/01/16 Policy Owner: Purchasing Manager – Purchasing Department Applies to: All Staff with accountability for procurement of contracts governed by the Group Standard Terms and Conditions for goods and/or services. Document Location: Translink website Procurement section Publication: External Overall Document Statement: Terms and Conditions reflect that set out for use by Centres of Procurement Expertise (CoPEs) in the Central Procurement Directorate PGN 06/14. Environmental statement: Do you need to print this document? If yes, please consider the environment; print double-sided copies and print only those pages you need using the ‘Page Range’ in Print Properties. Version Control Record Policy Purchasing Manager Main Contributors/co-authors: Procurement Compliance Manager Executive Sponsor: Director of Finance Version Reviewed Reviewed by/ Consultation sought from Date of consultation Comments 4.0 Purchasing Manager December 2014 Approved by the Purchasing Manager. 4.1 Procurement Compliance Manager January 2014 Annex A to table of contents and Annex A ‘the form’ 4.2 Procurement Compliance Manager / Purchasing Manager 9th January 2014 Added version control record header and footer information Added a note on the page before Clause 1. Added redirect information on Schedule 1, 2 and 3 and justified the text. Removed the term '10 digit' from Schedule 2 in relation to the PO Number (Translink's POs are 9 digit) STANDARD CONDITIONS OF CONTRACT FOR SUPPLIES Table of Contents
National Insurance Contributions by the National Insurance Contributions (Application of Part 7 of the Finance Act 2004) Regulations 2012, SI 2012/1868 made under s. 132A Social Security Administration Act 1992. “DPA” the Data Protection Act 1998. “Environmental Information Regulations” Means the Environmental Information Regulations 2004 and any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such regulations. “FOIA” Means the Freedom of Information Act 2000. “Force Majeure” Means any event or occurrence which prevents a Party from performing its obligations under the Contract and which is not attributable to any act or failure to take preventative action by that Party, including acts of God, riots, war or armed conflict, acts of terrorism, acts of government, local government or regulatory bodies, fire, flood, storm or earthquake, or disaster; pestilence; explosion; malicious damage; nuclear, biological or chemical warfare; or any other disaster, natural or “Fraud” Means any offence under Laws creating offences in respect of fraudulent acts or at common law in respect of fraudulent acts in relation to this Contract or defrauding or attempting to defraud or conspiring to defraud the Authority. “General Rule” Means The legislation in Part 5 of the Finance Act 2013; and Any future legislation introduced into parliament to counteract tax advantages arising from abusive arrangements to avoid national insurance contributions. Means any such goods as are to be supplied by the Contractor (or by the Contractor’s sub-contractor) under the Contract as specified in the Specification. “Good Industry Practice” standards, practices, methods and procedures conforming to the Law and the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances. “Halifax Abuse Principle” Means the principle explained in the CJEU Case C-255/02 Halifax and others. “Information” Means all data and information which are embodied in any medium including all electronic, optical, magnetic or tangible media. “Initial Contract Period” Means the period as detailed in the Specification not including any extension options. “Intellectual Property Rights” patents, inventions, trademarks, service marks, logos, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database made.
“Property” the property, other than real property, issued or made available to the Contractor by the Client in connection with the Contract. “Purchase Order” Means the Client’s order for the Goods which has a unique purchase order number, and details the Goods to be supplied by the Contractor to the Client in accordance with the terms of this Contract. “Quality Standards” Means the Quality Standards published by BSI British Standards, the National Standards Body of the United Kingdom, the International Organisation for Standardisation or other reputable or equivalent body, (and their successor bodies) that a skilled and experienced operator in the same type of industry or business sector as the Contractor would reasonably and ordinarily be expected to comply with, and as may be further detailed in the Specification Schedule. “Regulatory Bodies” Means those government departments and regulatory, statutory and other entities, committees, ombudsmen and bodies which, whether under statute, rules, regulations, codes of practice or otherwise, are entitled to regulate, investigate, or influence the matters dealt with in this Contract or any other affairs of the Client and “Regulatory Body” shall be construed accordingly. “Relevant Tax Authority” Means HM Revenue & Customs, or, if applicable, a tax authority in the jurisdiction in which the Contractor is established. “Replacement Contractor” Means any third party Contractor appointed by the Client to supply any goods which are substantially similar to any of the Goods and which the Client receives in substitute for any of the Goods following the expiry, termination or partial termination of the Contract. “Request for Information” Will have the meaning set out in the FOIA or the Environmental Information Regulations 2004 as relevant (where the meaning set out for the term “request” will apply). “Schedule” Means a schedule attached to, and forming part of, the Contract. “Specification” Means any specification for the Goods produced by the Contractor or supplied to the Contractor by the Client including any specification contained in the Invitation to Tender, Purchase Order or Award Letter and any documents referred to therein which set out the quantity, description, quality and contract price of the Goods. “Specification Schedule” Means the Schedule containing details of the Specification. “Specific Change in Law” Means a change in Law which comes into effect after the Commencement Date that relates specifically to the business of the Client, and which would not affect a