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Purchase Order Terms and Conditions - for purchases made before December 14 November 2016

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1. Definitions
In these terms and conditions of purchase, 'Order' means the goods constituted by this document, 'Goods' means the goods, services or materials specified on this order, 'University' means the purchaser Monash University.

2. GeneralUnless otherwise specifically agreed in writing between the University and the Supplier these terms and conditions governing the supply of Goods as specified by this order, shall be the only terms and conditions of this Order placed by the University on Supplier.

3. Official order
The University is not responsible for Goods furnished without an OFFICIAL ORDER (telephone Orders will be Faxed).

4. Acceptance
By Supplying Goods in accordance with this Order the Supplier is deemed to accept these terms and conditions, unless the Supplier has notified the University within 7 days of receiving the Order.

5. Prices
The price of Goods specified on this Order is Firm and cannot be varied except with prior written agreement and acceptance of the variation prior to delivery, with the University. Prices to include all delivery charges, unless otherwise stated on the Order.

6. Sales tax
The University is exempt from Sales tax in accordance with the declaration on this Order.

7. Cancellation
The University reserves the right to cancel the whole or part of this Order if delivery is not made in accordance with the contract.

8. Invoices
All invoices must quote the Order number. Invoices not so endorsed will be returned to the Supplier. Forward invoices promptly by mail to the address shown in this order.

9. Payment
The standard terms of settlement are net 30 days after the month of invoice. The preferred payment option is by Electronic Funds Transfer (EFT).

10. Specification, inspection and testing
The Goods furnished shall be exactly as specified in this Order, free from all defects in the supplier's design, workmanship, and materials, and is subject to inspection, test and approval by the University at all times and places. Whether paid for or not the University shall be entitled to inspect the Goods or carry out any tests required in the specification either during manufacture, before dispatch or at the point of delivery.

11. Packing, delivery advices and packing lists
The price shown on this Order will include all wrapping, packing, cartons or crating unless otherwise clearly stated on this Order. Supplier shall provide a delivery advice with each individual or part delivery. All delivery advices and packing lists must quote the Order number. Where a delivery consists of more than one package each package shall be numbered consecutively and copies of the advice note and packing slip included in the last package. Shipping marks shall be distinctive and conspicuous. All Goods shall be suitably packed to ensure they are delivered in good condition to the address stated on the Order.

12. Delivery
Goods shall be delivered to the place stated on the Order. Where the Goods are not received by the due date the University shall have the options of cancelling the Order in respect of all or part of the incomplete work and making payment only for those Goods received. Where the Supplier's inability to supply on time is due to causes beyond its control the Supplier may request an extension of time, if any, as it deem reasonable. Goods delivered in error, of failing to comply with the terms and condition of the order, shall be returned to the Supplier at the Supplier's expense.

13. Time of essence
Time shall be of the essence of the contract evidenced by the delivery date shown on this Order and its acceptance in all things relative to the performance and the fulfilment of the conditions of this Order by the Supplier.

14. Warranties
The Supplier shall ensure that the Goods conform to the relevant specification, be fit and sufficient for the intended purpose and any other purpose made known by the University, be of merchantable quality and free from any defect in materials and workmanship for a period of at least twelve months of for the period of warranty specified in the original quotation. Any defective Goods shall be returned by the University to the Supplier, at the Supplier's expense, shall be repaired or replaced and redelivered at the Supplier's expense.

15. Title to goods
Title to the Goods free of encumbrances and all other adverse interests shall pass to the University upon delivery.

16. Ownership of intellectual property
Where Goods supplied in respect of this Order have been prepared specifically for the University and are not available to the general public, the University shall own any copyright subsisting in all plans, diagrams, computers programs, dye block, plates and any other works created by the Supplier in the course of and for the purpose of this Order and shall be the owner of any registrable design arising from such works.

17. Governing law
These terms and conditions of this Order shall be construed in accordance with the laws of the State of Victoria, Australia and the parties shall submit to the Courts of that jurisdiction.

18. Hazardous material
Additional terms and conditions and Material Safety Data Sheets will be supplied for Hazardous Materials where this Order specifies such hazardous materials.

OHS and Environmental requirements for purchases at Monash University

The supplier or manufacture of any goods must provide any information that they know or ought to know about the risk(s) associated with the use of the equipment or substance, even if the risks are considered to be common knowledge with the use of the goods supplied.

GOODS: Plant/equipment/Miscellaneous items/radiation equipment

Supply of all goods to Monash University must comply with relevant legislation, Australian Standards, Codes of practice and other guidelines.

Persons or organizations who supply plant to Monash University must:

  • ensure, that hazard identification, risk assessment and control measures, required of designers, manufacturers and importers, have been carried out before the plant is supplied to Monash University
  • if it is not possible to ensure this, then the supplier must ensure that risk arising from use of the plant, is either eliminated or reduced as much as possible.

Persons or organizations who supply new plant to Monash University must provide the following information to Monash University at the time of supply:

  • the purpose for which the plant is designed
  • the hazards and any risk identified associated with its use
  • any testing, inspections, design notifications and registrations required
  • information on proper installation, commissioning, decommissioning, use, transport, storage and dismantling
  • systems of work and competency of operators necessary for safe use
  • any emergency procedures required in the event of a malfunction of the plant.

Persons or organizations who supply used plant to Monash University must provide the following information to Monash University at the time of supply:

  • any information in the possession of the supplier relating to safe use of the plant
  • any information kept by the previous owner of the plant, that is in the possession of the supplier
  • registration details for the plant (if applicable).

Any person or organization who supplies a source of ionizing radiation (including contained in plant or equipment) to Monash University, must ensure the following, prior to supply:

  • that Monash University holds an appropriate current institutional license
  • that the persons who will be using or operating the source of ionizing radiation, hold appropriate current operator licenses
  • that any second hand source of ionizing radiation is approved for sale, and if appropriate registered, before it is offered for sale to Monash University.

Any person or organization who supplies plant that contains a confined space to Monash University, must ensure the following prior to supply;

  • that the need for a person to enter the confined space is eliminated
  • if this need cannot be eliminated, that the need to enter and the risk on entry are reduced as much as possible.

Suppliers of plant to Monash University, must ensure that this plant is:

  • designed, constructed and installed such that noise levels are as low as possible
  • tested for noise emission and information about the test results and the correct means of construction, installation, maintenance and use of the plant is supplied before the time of order.

The aim of these requirements is to ensure that Monash University does not purchase any item that will expose people to noise levels in excess of the exposure standard.

Any person or organization who supplies plant containing chemical substances, inorganic lead, lead metal, lead alloys or asbestos to Monash University, must inform Monash University of this in writing, prior to supplying the order.

A person or organization who supplies goods to Monash University must ensure that any risk of a manual handling injury or a musculoskeletal disorder is either:

  • Eliminated
  • If it cannot be eliminated, it is reduced as far as possible.

This applies to delivery and proper handling, maintenance, service, repair, inspection and cleaning at Monash University. In particular, loads that may require special lifting equipment at the time of delivery, or equipment with the potential to cause manual handling injuries even when properly used, must be notified as such at the time of order.

Any person of organization who supplies and other type of goods to Monash University must ensure that these comply with relevant statutory requirements. For example:

  • Safety clothing and equipment must comply with Australian Standards.
  • Food and beverage must be supplied in accordance with food hygiene laws.

SUBSTANCES: Chemical/biological/lead/asbestos/unsealed radioactive sources

Supply of all substances to Monash University must comply with relevant legislation, Australian Standards, Codes of practice and other guidelines.

Any person or organization who supplies a hazardous substance or dangerous good to Monash University, must:

  • supply a material safety data sheet (MSDS) in the regulated format, with the supply of the first order to that purchaser; and
  • review MSDS at least every 5 years and re-supply whenever they are reviewed or whenever they are requested by a Monash University representative; and
  • ensure that the container is labeled in the regulated format and is in English, legible and firmly secured; and
  • inform Monash University in writing, prior to supplying plant, equipment or other goods, that contain dangerous goods, hazardous substances, inorganic lead, lead metal, lead alloys, or asbestos internally; and
  • loads that require special lifting equipment for delivery must be notified as such at the time of order.

Suppliers are encouraged to set up electronic means of providing MSDS to individual departments at Monash University.

Monash is hereby given permission to make and store an electronic copy of the Supplier's MSDS in the database system licensed to Monash University.

By supplying the goods the supplier accepts the terms and conditions including the permission.

Any person or organization who supplies a hazardous substance that is a scheduled carcinogen to Monash University, must;

  • record the supply in accordance with the required format; and
  • establish that Monash University holds a suitable license for use of this carcinogen (hazardous substance), prior to supply.

No person or organization may supply a dangerous good or hazardous substance to Monash University if they know or suspect that;

  • the substance is not in good condition; or
  • the package and/or package marking does not comply with the required format; or
  • the container is leaking or is likely to leak; or
  • the hazardous substance is prohibited under the Occupational Health and Safety Regulations 2007; or
  • the dangerous good is in Class R.

Persons or organizations who supply plant, goods or equipment to Monash University, must ensure;

  • as far as possible, it is free of asbestos; or
  • where it is not possible for the workplace or plant to be free of asbestos, that the items are clearly labeled to indicate the presence of asbestos and designed and constructed to be without risk to health.

Persons or organizations who supply an unsealed source of ionizing radiation to Monash University, must ensure, prior to supply, that Monash University holds an appropriate current institutional license.

The supplier must not supply any drug, poison or controlled substance (as defined in the Standard for the Uniform Scheduling of Drugs and Poisons SUSDP and regulated under the Drugs, Poisons and Controlled Substances Act and Regulations), in particular schedules 7, 8 or 9, without first ensuring that an appropriate permit and poisons control plan is held by the academic/administrative unit who is are requesting supply.

Environmental requirements for purchases at Monash University

Products supplied to any Monash campuses or affiliated entities must be supplied with the minimum amount of packaging to ensure safe delivery. Additional packaging must be taken back by the supplier for reuse or recycling.

Where possible, transporting of goods should be coordinated to ensure maximum efficiency.

For more information please see www.monash.edu.au/green