Terms & Conditions of Supply to the Pryor Group (Contracts)

  1. Definitions
    1. C J Pryor means C J Pryor (Contracts) Limited.
    2. The Supplier means the person, firm or company supplying the Services or Goods.
    3. Service or Goods means the supply of plant, materials, contract work and the like.
    4. The Purchase Order means this document, including Conditions of Purchase, and any other documents referred to, stated or specified therein.
  2. Exclusion of Other conditions
    1. These Conditions of Purchase shall apply to all Services and Goods to the exclusion of any other conditions whatsoever, except where such other conditions are expressly accepted by the Purchaser in writing prior to the supply of Services or Goods.
  3. Compliance with Other Conditions
    1. Where the supply of the Services or Goods comprises part of a contract or sub-contract being carried out by the Purchaser, the Supplier shall comply with the terms and conditions of such contract or sub-contract and the Purchaser shall provide to the Supplier the relevant conditions of the same.
  4. Specification and Quality
    The supply of Services or Goods shall conform to one or more of the following.
    1. Manufacturers recommendation, British Standard Specifications, British Codes of Practice or any specific specification stated by the Purchaser.
    2. Any specification stated by the Supplier which has the prior written approval of the Purchaser.
    3. Where no specification is provided, Services shall be to the reasonable satisfaction of the Purchaser, and Goods shall be of merchantable quality.
    4. The Supplier shall make good by replacement or other direct financial compensation any defects in Goods or failure in provision of Services.
  5. Terms of Payment
    1. Payment for the Services or Goods shall be made at the price(s) stated on the reverse side hereof or as shall be ascertained from the terms hereof. All invoices shall state the number of the Purchase Order and provide reference to numbered delivery tickets.
    2. In the event that any sum is due to the Purchaser from the Supplier arising from this contract, the Purchaser shall have the right of set off.
    3. Our payment terms are 60 days after the month of invoicing.
    4. All invoices must be submitted to us by the 5th of the following month from the date of supply of the Services or Goods. Failure to comply with this will result in your invoice being treated as dated in the following month and paid accordingly.
  6. Sufficiency of Tender
    1. Where appropriate the Supplier shall be deemed to have examined the site or location where the Services are to be performed or the Goods delivered, the access thereto and all other factors affecting the cost or performance of the Supplier's obligations hereunder.
    2. The Supplier shall be deemed to have satisfied himself before submitting his tender as to the correctness of the rates and prices.
  7. Price Fluctuations
    1. Unless otherwise stated the price(s) for supply of the Services or Goods are fixed.
  8. Disruption of Purchase Activities
    1. The supply of Services or Goods shall be executed in normal working hours and in a manner which does not disrupt the Purchaser's business.
  9. Insurance
    1. Excepting only personal injuries directly caused by the negligence of the Purchaser, the Supplier shall indemnify against any damage or injury to the employees or property of the Purchaser or of any other party whilst the Supplier is executing the Services or supplying the Goods.
    2. The Supplier shall insure for the full value of the Services or Goods against all loss or damage howsoever arising.
  10. Supervision, Health and Safety
    1. The Supplier shall act only on the written instructions of the Purchaser's authorised representative.
    2. The Supplier shall, in addition to his obligations, comply with any standards and site or other safety rules of the Purchaser who will provide the Supplier with printed copies. The Supplier shall acknowledge receipt of the same in writing.
  11. Varations
    1. The Supplier shall not vary the Services or Goods in any manner whatsoever, except on the written instruction of the Purchaser.
    2. The value of any variations shall be determined by the Purchaser, initially by reference to the Supplier's original price(s). Where these are inappropriate a fair value shall be determined.
  12. Programme
    1. The Purchaser shall state his delivery date requirements or provide a programme for the supply of the Services or Goods.
    2. Where no specific delivery dates or programmes are given to the Supplier then time is of the essence in the performance of the Service or supply of the Goods.
    3. In the event of any incident which may delay or prevent supply of the Services or the Goods, the Supplier shall immediately so inform the Purchaser in writing.
  13. Tests and Maintenance
    1. Execution of the Services shall not be deemed to be complete until all tests specified shall have been satisfactorily carried out or, where no tests are specified, the Purchaser shall have confirmed that the supply of Services or Goods has been completed to its satisfaction.
  14. Cancellation
    1. In the event that the Supplier fails to comply with this Purchase Order the Purchaser shall have the right to cancel the Purchase Order in whole or part without prejudice to the rights and remedies contained herein.
  15. Remedies
    1. The Supplier acknowledges that any breach by him of the terms and conditions of this Purchase Order may result in the Purchaser suffering damages, loss and expense both direct and indirect and/or becoming liable in damages under separate contracts or subcontracts related to the supply of Services or Goods. The Supplier undertakes to indemnify the Purchaser arising from any breach of these conditions by the Supplier.