Application for Inclusion on the College’s List of Approved Contractors

Declaration

I have read and understand the attached standard terms and conditions of contract.

I understand and agree that any subsequent transactions will be subject to the terms and conditions of St Helens College and Knowsley Community College.

Applicant Signature

I confirm that I am giving my electronic signature

Your Name

Position

STANDARD CONDITIONS OF CONTRACT

For the purpose of these Conditions of Contract the following meanings shall apply:-
- "The College's Officer" shall mean the Head for the time being of the Division of the College for which the goods shall be required and shall as regards the taking of any action or the giving of any order, instruction or notice by or on behalf of the College include the Chief Executive of the College for the time being.
- "The Contractor" shall mean and include the company, body, person or persons and its or their successors, executors and administrators whose tender is accepted by the College and in the case of joint Contractors shall be deemed to bind them jointly and severally.
- "The Contract Document" shall mean collectively the tender accepted by the College (and all documents annexed to or referred to in the Form of Offer).
The Contractor shall supply and deliver the goods to the College at the place or places specified in the Contract Documents or in any order given by the College's Officer in such quantities and in such manner and at such times as the College's Officer so rders in writing and shall be of such quantity or type and at the rates or prices respectively set out in the Contract Documents. All goods supplied in accordance with this agreement shall be delivered free of delivery charges and at the Contractor's risk unless the Contract Documents provide otherwise.
The rates and prices set out in the Contract Documents are to be on a fixed price basis unless the Contract Documents provide otherwise and unless otherwise agreed. No modifications or variations will be allowed during the period of validity of the Agreement.
The whole of the goods supplied shall:-
- be of the best of their kind and free from all defects; and
- conform as to quantity, quality and description with the particulars specified in the Contract Documents; and
- be equal in all respects to the samples, patterns or specifications provided by either the Contractor or the College; and
- be capable of any standard of performance specified in the Contract Documents; and
- be of a design, construction and quality which complies with all relevant requirements of any Statute, Regulation or Order in force when the goods are supplied.
Where goods are supplied by the supplier to the College which are of a hazardous, dangerous or noxious nature, such goods or receptacle or container in which the goods are stored or transported shall be clearly marked so as to show: -
- the nature of the goods (if not apparent on inspection)
- any particular hazards associated with the goods
- any particular precautions involved in handling the goods
- any measures to be taken in case of accident (peculiar to the nature of the goods).
Where an appropriate specification or code of practice issued by the British Standards Institution or the Department of the Environment Eurostandard or similar national standards of other EC member states (provided that they meet the British equivalent) is current at the date when the goods are supplied, all goods and materials used or supplied and all workmanship shall not be less than that standard unless otherwise agreed in writing by the College's Officer or specifically stated in the Contract Documents.
At the time of delivery, the Contractor must furnish the College's Officer with an advice or delivery note containing particulars of the quantities, weights, prices and descriptions of all goods delivered at the time. Should any costs be incurred by the College in consequence of the neglect of the Contractor in this respect it shall be lawful for the College to deduct and retain the amount of such costs from the amount of any monies due to the Contractor unless the College shall exercise its right under Clause 10 or 11 hereof in which event the provisions of Clause 10 and 11 shall apply to such a breach.
Property in the goods and risk shall only pass when goods have been delivered to the College at the specified delivery point, and an officer of the College has accepted delivery.
An invoice for the entire sum due to the Contractor for each delivery of goods under this Agreement shall be delivered or sent to the College's Officer by the Contractor immediately after the despatch of such goods. No payment will be made until the College's Officer has certified that the goods have been supplied in accordance with the contract, and until payment has been approved by the College.
The College's Officer shall be at liberty to reject any goods if the Contractor has not complied with all the provisions of Clauses 2, 4, 5, 6, or 7 hereof. Rejected goods must be removed by and at the expense of the Contractor within two days after notice of the rejection has been given to him. If not so removed, the College may cause such goods to be removed and charge the Contractor with the expenses incurred in such removal.
If the Contractor shall not deliver any goods at the time ordered by the College, or if the Contractor shall not deliver any goods in replacement of any goods rejected under Clause 10 hereof within such time as is allowed by the College's Officer, then the College shall be at liberty to purchase from any other person(s) goods in place of those not delivered or so rejected, and any loss thereby sustained by the College shall be recoverable from the Contractor by the College.
In the event of any breach of or non-performance of any of these conditions by the Contractor the College may, without prejudice to any other remedies which might lie to the College, terminate the Agreement and purchase the required goods from any other person(s) and any loss thereby sustained by the College shall be a debt payable by the contractor to the College.
If any moneys shall become due to the College from the contractor by the operation of Clauses 10, 11, or 12 hereof, then they may be deducted from any moneys due or to become due to the Contractor from the College.
The College shall be entitled to cancel the Agreement and to recover from the Contractor the amount of any loss resulting from such cancellation if the Contractor shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this Agreement or any other Agreement with the College, or for showing or forbearing to show favour or disfavour to any person in relation to the Agreement or any other Agreement with the College, or if the like acts shall have been done by any person employed by the Contractor or acting on its behalf (whether with or without the knowledge of the Contractor) or if in relation to any contract with the College the Contractor or any person employed by it or acting on its behalf shall have committed any offence under the Prevention of Corruption Acts, 1889-1916.
The Contractor shall not transfer or assign directly or indirectly or sub-contract or underlet to any company, body, person or persons whosoever this Agreement or any part thereof without the written consent of the College's Officer and in the event of the College's Officer giving any such consent as afore said (which shall be in his absolute discretion) the Contractor shall be responsible for all work done by such sub-contractor or sub-contractors and for such work being carried out under the same conditions as if executed by the Contractor and shall be responsible for the observance of Clause 15 hereof by such sub-contractor or sub-contractors.
Where the quantity specified in the Contract Documents is described as estimated, the College may order a greater or lesser quantity of the said goods than that indicated, the quantities being mere estimates of the College's requirements based on past consumption; otherwise the quantity is fixed.
Where the cost of goods supplied includes a refundable deposit on a container or other packing for the goods the Contractor shall collect the container or packing from the College at his own cost when requested to do so by the College's Officer.
The College's Officer may at any time countermand any order given and in every such case the contractor shall have no claim in respect or any goods required by such order unless the same be of the quality and description ordered and authorised by this Agreement and shall have been delivered at such place within the College as may be stipulated by the College's Officer in the order before the time of such countermand, in accordance with these Conditions of Contract.
The College does not accept any responsibility whether in contract, negligence, trust or in any other way whatsoever, to consider any tender, and does not bind itself to accept the lowest or any tender and reserves the right to accept the whole or part or parts of any tender. The College shall not be responsible for any costs incurred by the contractor in preparing the tender.
Canvassing Members of the College is prohibited.
From time to time the College may at its discretion order tests and/or analyses of any goods supplied by the Contractor and if there is a deficiency in quantity then the costs incurred by the College in carrying out such tests and/or analyses shall be paid by the Contractor.
Any notice, order or instruction to be served on, or given or delivered to the Contractor under this Agreement, shall be deemed to be duly served, given or delivered if and when the same shall be delivered at, or sent through the post to the usual or last known address of the contractor or to the Foreman or Agent of the Contractor and shall be deemed to have been served by the Contractor on such day or days as the same should have been received in the ordinary course of the post. All communications, advices of delivery and invoices from the Contractor in reference to the carrying out of the Agreement shall be sent to the College's Officer.
In the event of any claim being made or action brought against the College for infringement of patents in respect of the goods supplied to the College under this Agreement, the College shall immediately notify the Contractor to conduct all negotiations for the settlement of the same or any litigation that may arise. Subject to the notification stated above and provided that no such goods shall be used for any purpose other than for which the Contractor supplied, the same Contractor shall indemnify the College in respect of any such claim.
Nothing in this Agreement shall be taken to prevent or restrict in any way whatsoever the right of the College to order any goods the same or similar to those within this Agreement from any other company, body, person or persons, or to manufacture or obtain the same itself.

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