Ergon Energy's suppliers of goods and services are able to access our General Terms and Conditions of Purchase, which are applicable to all Purchase Orders (where there is no Contract or other form of agreement in place). Should suppliers have any questions regarding these Terms and Conditions, please contact the person specified on the individual Ergon Energy Purchase Order.

To print a copy of the Purchasing Terms & Conditions please click here

THIS PURCHASE ORDER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

Clause 1
The term "Principal" means Ergon Energy Corporation Limited, and the term "Supplier" means the person, firm, or corporation from whom the goods/works/services (referred to in these conditions as "goods") described in the Purchase Order have been ordered.

Clause 2
The Supplier agrees that the Purchase Order includes these terms and conditions and any other document specified will constitute the whole of the agreement between the parties. Any variation to these conditions shall be binding on the Principal only if agreed by both parties in writing.

Clause 3
A notice of despatch shall be sent by the Supplier to the Principal at the time the goods are despatched. The notice shall state the Purchase Order number, the kind of goods, the Supplier's name, the method and date of despatch and the anticipated time of supply.

Clause 4
The Supplier shall be accountable for all freight charges arising from the Supplier's despatch instructions as specified in the Purchase Order. Goods must be suitably packed for carriage by road, sea or air and the Supplier should carry transit insurance. The Purchase Order number must be shown on all freight documents, invoices and packing slips. Goods not so marked WILL NOT BE ACCEPTED.

Clause 5
The goods are subject to inspection by the Principal (in any manner it may think fit) at the site prior to or on delivery. If upon inspection the goods are found to be unsatisfactory, defective or of inferior quality or workmanship, or fail to meet any other requirements of the Purchase Order then the goods shall be rejected and the removal of such goods shall be effected by the Supplier at its own risk and expense. Immediately upon receiving notice of rejection from the Principal the Supplier shall at its own expense supply replacement goods to the satisfaction of the Principal. Acceptance of delivery shall not prevent rejection of goods subsequently found to be unsatisfactory.

Clause 6
The Supplier shall indemnify the Principal against any damage sustained by the Principal's property or against any claims for loss or injury to any persons or property resulting in the Supplier's negligence, act or omission by the Supplier, its employees, sub-contractors or agents.

Clause 7
The Supplier shall indemnify the Principal at all times against any compensation paid, or any action, claim or expense arising from or incurred by the Principal by the existence of any patent, design, trademark or copyright or other protected right in respect of any goods supplied by the Supplier.

Clause 8
The Supplier warrants (without limiting any other warranties or conditions implied by law) that the goods have been produced, sold and delivered to the Principal in compliance with all applicable laws (including all workplace health and safety and electrical safety legislation, codes of conduct and the Principal's Workplace Health & Safety and Electrical Safety Conditions) at the Supplier's own cost. The Supplier shall indemnify the Principal against any loss or damages sustained by the Principal by reason of the Supplier's non-compliance with all applicable laws.

Clause 9
The Supplier agrees the price on the Purchase Order is deemed correct if it is not returned for amendment and no price variations will be paid after supply. Where a Purchase Order is subject to Rise/Fall conditions, the Principal shall not be bound to pay for any increase, calculated as Rise/Fall incurred after the due delivery date, unless an extension is approved in writing by the Principal.

Clause 10
If the Supplier fails to deliver the goods within the period specified in the Purchase Order or intimates that it is unwilling or unable to supply the goods, the Principal may, by notice in writing, cancel the Purchase Order and may re-contract with any other person to complete the Purchase Order. If practicable, the Principal shall, prior to re-contracting, obtain competitive prices. Should the cost of completing the Purchase Order exceed the balance of monies due to the Supplier, the Supplier shall pay such excess. This clause is without limitation of any other rights or remedies of the Principal.

Clause 11
Unless otherwise agreed by the Principal and subject to the satisfactory receipt of goods by the Principal, payment shall be made to the Supplier fourteen (14) days from the date the Suppliers tax invoice is received by the Principal. Title to goods passes to the Principal upon the earlier of payment for the goods by the Principal or the delivery of the goods to the site. Upon title in goods passing to the Principal, the Supplier must clearly mark those goods as the property of the Principal. The Supplier warrants that the title in goods, when it passes to the Principal will be free and clear of any and all liens, restrictions, reservations, security interests and encumbrances.

Clause 12
Any obligation of the Principal to pay or reimburse the Supplier for goods and services tax (GST) in respect of the supply of goods will only apply if the Supplier provides the Principal with a tax invoice for that supply in accordance with the GST legislation.

Should Suppliers have any questions regarding these Terms and Conditions, please contact Ergon Energy.

Ver 1 - Last Reviewed: Dec 2009