Council seeks tenders for supply, delivery, commissioning and handover of one new heavy-duty hydraulic tilt slide widener low loader trailer for transport of civil construction, quarry, road maintenance and heavy plant equipment. Delivery by date in schedule. Price inclusive of transport, packaging, taxes except GST. Payment within 10 business days of assessment. Defects liability period 12 months if not stated. Liquidated damages apply if schedule sets amount. Testing required. Operation and maintenance manuals due on delivery. Dispute resolution via notice, mediation, expert determination, then litigation in Queensland.
The date for delivery is set out in the schedule. The supplier must ensure delivery by that date. the supplier must ensure that the equipment is delivered to the delivery place by the date for delivery.
Council assesses payment claims within 10 business days and pays within 10 business days of issuing the payment schedule. council will pay the amount of its assessment within 10 business days of the issue of the payment schedule.
The supplier warrants equipment is new, of merchantable quality, free from defects, fit for purpose, and capable of safe operation. the supplier warrants that the equipment. . . will be: a new. . . b of merchantable quality and free from defects.
The supplier must have expertise in manufacture and supply of custom heavy duty trailers. the supplier represents that it has expertise in the manufacture and supply of custom heavy duty trailers.
Liquidated damages apply if the schedule sets an amount, otherwise common law damages. if the supplier fails to deliver the equipment by the date for delivery. . . the supplier must pay council liquidated damages for each day that the delivery of the equipment is delayed at the rate set out in the schedule.
A party served with a notice of dispute may give a written response within 28 days of receipt. a party served with a notice of dispute may give a written response to the notice to the other party within 28 days of its receipt of the notice of dispute.
Council may terminate if the supplier does not rectify a breach within seven days after written request. if the other party does not carry out its obligations under this agreement and fails to rectify the breach within seven days after being requested in writing to do so.