‘Agreement’ means the agreement to purchase and supply goods and/or services made between the Supplier and Electra on these terms and conditions pursuant to this purchase order.
‘Supplier ‘means the person or organisation who is supplying the goods or services to Electra.
‘Electra’ means Electra Limited and its subsidiary businesses, successors and assigns.
These terms and conditions apply to all orders to purchase goods or services made by Electra, unless Electra agrees otherwise in writing. The Supplier, by supplying the goods or services, is deemed to have accepted these terms and conditions, which may not be varied without the written consent of Electra. These terms and conditions shall take precedence over any of the Supplier’s terms and conditions, unless the parties agree otherwise in writing.
Notwithstanding anything to the contrary in any standard terms and conditions of the Supplier, the Supplier warrants that the goods/services supplied:
The Supplier also warrants that it shall:
Notwithstanding anything to the contrary in any Supplier’s terms and conditions, the Supplier hereby indemnifies Electra against all costs, damages (whether direct or indirect), proceedings, losses or other expenses incurred by Electra as a result of any failure to comply with the warranties specified above.
The parties agree that payment is to be made by Electra to the Supplier by the twentieth (20th) day of the month following receipt by Electra of an appropriate invoice for the goods or services from the Supplier (such invoice complying in all respects with the requirements of the Goods and Services Tax Act 1985, where appropriate). Electra shall not be required to pay any part of an invoice that is genuinely and reasonably disputed, until such dispute is resolved.
Unless specifically agreed in writing by the parties, ownership in any goods supplied to Electra passes to Electra when delivery of goods takes place to Electra’s premises or such other premises as nominated by Electra to the Supplier, with risk in the goods also passing to Electra at that time.
If the goods or services provided by the Supplier fail to comply with any of the warranties above, then Electra may at its option and without limiting any of its other rights against the Supplier, either:
the Supplier shall refund the purchase price of the goods or services and all reasonable costs of Electra incurred by the cancellation (including, in the case of return of goods, any costs of returning the goods).
Electra’s liability to the Supplier is limited to the price payable under the purchase order and Electra will have no liability to the Supplier for any loss of profits, income or opportunity, or for any indirect or consequential damage or loss.