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Terms & Conditions (Procurement of Goods & Services)

PURCHASE ORDER TERMS & CONDITIONS
Procurement of Goods & Services – General Vendors

Welcome to the NSG Boffa Group. We have a proud history of delivery within the Electrical and Communications Construction and Service based sectors.

Our organisation values its relationships with a broad range of general suppliers, wholesalers and sub-contractors in order to deliver projects on time, safely and within budget. This is achieved through a disciplined, systematic and ongoing process to ensure reliable and ethical supply of externally purchased goods and services. We seek to reduce the total costs and maintain or improve levels of quality, service, technology and commitment to safety.

Our Procurement Policy aims to ensure that in all procurement activities:

  • We obtain goods and services that meet specification and are delivered on time at competitive prices from financially stable suppliers.
  • We obtain best value for money on a total cost basis.
  • Consistent procurement processes are followed in accordance with our wider policies and by all our employees.
  • Commercial, financial, legal, sustainability and operational risks are reduced.
  1. Definitions
    1. “Boffa” means NSG Boffa Pty Ltd or NSG Boffa Service Pty Ltd (or referred to as the NSG BOFFA Group) as identified on the Purchase Order document and/or under the instruction of an employee or agent of the company.
    2. “Goods and Services” means any Goods or Services supplied under this Purchase Order.
    3. “PPSA” means the Personal Property Securities Act 2009 (Cth).
    4. “PPSR” means the Personal Property Securities Register under the PPSA.
    5. “SOPA” means the Building and Construction Industry Security of Payment Act 2009 (SA).
    6. “Variation” means anything in Clause 7b.
    7. “Purchaser Order” means this Purchase Order comprising these Terms & Conditions.
    8. “Supplier” means the Contractor or Supplier of the Goods and/or Services identified in the Purchase Order.

  2. Supply or Perform
    1. The Supplier shall supply the Goods or perform all Services and Works in accordance with the Purchase Order and the Scope of Works as described in the Purchase Order.
    2. Boffa may raise additional Purchase Orders to capture variations, subsequent or out of scope works or deletions to existing scopes at its total discretion. These shall be captured on Variations to the Original Purchase Order and will be indicated on such Purchase Order Document as the case may be.

  3. General
    1. The acceptance of this Purchase Order by the Supplier confirms acceptance of these Terms and Conditions which may only be varied in writing as agreed between the parties.
    2. In the event that there shall be a conflict or discrepancy between the terms and conditions contained in the Purchase Order and any other terms and conditions exchanged between the parties, then these terms and conditions shall prevail at all times.

  4. Warranties and Inspection
    1. The Supplier warrants that the Goods and Services delivered or supplied in accordance with this Purchase Order, shall be fit for the purpose intended by Boffa.
    2. The Supplier shall carry for the benefit of Boffa all manufacturer’s warranties as may be applicable or such other warranty on terms as may be described in the Purchase Order.
    3. In any event, all goods and services delivered or supplied, shall equally comply with any specification or drawings or samples as may have been provided either by Boffa to the Supplier or by the Supplier to Boffa as the case may be.

  5. Rectification of Defects to Defective Goods or Services
    1. Where Boffa considers that any of the Goods or Services supplied are defective, or where a warranty has not been properly administered, then Boffa may;
      1. Reject the subject Goods or Services and recover from the Supplier all monies paid by Boffa to the Supplier as a debt; or
      2. Boffa may in its discretion direct that the Supplier immediately resupply, rectify or replace any defective Goods; or
      3. Make good any defective services at the Supplier’s expense in all things to the satisfaction of Boffa. This includes all adhoc expenses, including but not limited to additional materials, freight, and labour and professional services fees.

  6. Transfer of Title and Care of Goods
    1. Full title to all Goods shall pass to Boffa upon Boffa paying the Supplier for those Goods.
    2. The Supplier shall be responsible for the care and protection of any such Goods as referred in this Purchase Order in its possession at its own risk irrespective of whether or not title in the Goods has passed to Boffa.

  7. Purchase Order Variations, Modifications, Additions and Deletions
    1. Boffa may exercise its right under Clause 2b, at its total discretion.
    2. A Purchase Order Variation may be raised in one of the following events–
      1. increase, decrease or omit any part of the work under the Original Purchase Order;
      2. change the character or quality of any material or work;
      3. execute additional work; and/or
      4. demolish or remove material or work no longer required by Boffa.
    3. Boffa must indicate all Variation changes in writing and via a Purchase Order Variation Document.
    4. A Variation may be subject to review by Boffa’s customer, and by a nominated cost consultant.
    5. In the event the Supplier is a Contractor, Boffa must process a Progress Claim from the Supplier in line with SOPA and provide a Payment Schedule indicating the percentage or partial payment amount of the Variation that will be paid. Such a payment may be paid on Account pending review at Boffa’s discretion.

  8. PPSR
    1.  The Supplier acknowledges that Boffa may register a security interest against all goods purchased by Boffa from the Supplier.
    2. Any registration will be by Boffa line with the PPSA.
    3. The Supplier agrees that it shall not cause to be registered against the PPSR any charge or security as may Boffa’s right and entitlement to claim full title in all of the goods sold by the Supplier to Boffa whatsoever.

  9. Inspection and Testing
    1. Boffa may request that testing of any of the Goods or Services be undertaken by the Supplier.
    2. In the event testing of Goods and Services is required, Boffa will agree to bear the cost of any such testing and inspection except in the case where the testing of the Goods or Services has failed, then the Supplier shall bear the cost of such testing and inspection as a warranty item and must make good the defect.
    3. Boffa cannot be held liable for the costs of labour, material or any other cost to remedy goods or services during a specified Defects Liability Period.

  10. Delivery, Freight & Transport Costs
    1. Deliver of all Goods and completion of all Services shall be on the date provided for in the Purchase Order.
    2. Any Freight and delivery costs, must be acknowledged by Boffa in the Purchase Order for these costs to be recovered and charged by the Supplier.

  11. Indemnity
    1. The Supplier shall indemnify and forever hold harmless Boffa with respect to any loss or damage incurred or sustained as a result of any act or neglect on the part of the Supplier in the performance of any of its obligations under this Purchase Order whatsoever.

  12. Insurance, Licencing, Administration
    1. The Supplier may be required to undertake both an initial, and ongoing (12 monthly) Vendor Application submission at the discretion at Boffa.
    2. The Supplier shall maintain such Insurance Policies, Regulatory/Industry Licenses as is required by Boffa under this Purchase Order and shall provide Boffa with all Certificates of Currency or Licencing documentation upon request.
    3. The Supplier may be required to submit additional administrative documentation, technical data or anything else as directed by Boffa in order to fulfil its obligations under this Purchase Order.

  13. Health, Safety, Environmental & Quality (HSEQ) Management Obligations
    1. All persons, employees and sub-contractors used by the Supplier have the necessary training, qualification and competency to carry out all work and supply agreements in a safe and satisfactory manner, without placing themselves, Boffa staff, visitors or any other person at risk of injury.
    2. All work or fulfilment of supply agreements will be carried out in a safe competent manner in compliance with; and all processes, plant, equipment and materials used or supplied will comply with; all applicable Federal and State legislation and associated regulations and all relevant Australian Standards and National / State Codes of Practice.
    3. The Supplier shall abide by all induction, security procedures, notifications and HSEQ (Health and Safety, Environment and Quality) policies and procedures as directed by Boffa. d. The Supplier shall immediately advise Boffa of any incident, injury, near-miss, security incident, equipment failure, property or environmental damage in connection to fulfilling the delivery of the Goods and Services in accordance with this Purchase Order.
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