This tender is for the purchase and removal of ferrous and nonferrous metals by the Fraser Coast Regional Council. The sale is on an as is, where is basis, with no express warranties provided. The contract outlines terms for payment, delivery, title and risk transfer, liability, termination, and dispute resolution. Key conditions include the purchaser's responsibility for collection, insurance requirements, and compliance with safety regulations. A deposit of $10,000 is required. The contract term is until June 30, 2029, with an option for a one-year extension. Special conditions address variations to the price, purchaser's obligation to purchase available items, a fuel levy, subcontracting, and key performance indicators.
The bid notice states that any delivery dates quoted by Council are estimates only and Council is not liable for any loss including any consequential loss arising from late delivery. Council may deliver in advance of a date quoted unless expressly stated otherwise.
The bid notice states that the purchaser must pay Council the amount stated in any invoice issued by Council without set off or deduction within the number of days stated in the schedule. If the purchaser fails to pay Council's invoice by the due date for payment, Council is entitled to charge interest on the unpaid amount at the rate specified in the schedule.
The bid notice states that the item is supplied without any express warranties. To the extent permitted by law, all implied warranties are excluded. The purchaser acknowledges that it has satisfied itself that the item is suitable for its purposes and acknowledges that it has not relied upon any warranty or representation from Council concerning the item.
The bid notice states that if the purchaser fails to pay Council's invoice by the due date for payment, Council is entitled to charge interest on the unpaid amount at the rate specified in the schedule, and charge such default interest from the date when payment was due to the date payment of the full unpaid amount is made or the agreement is terminated.
The bid notice states that if any dispute between the parties arises from or in connection with the agreement, a party claiming a dispute must notify the other party of the dispute and specify the nature of the claim dispute notice. A party served with a dispute notice may give a written response to the dispute notice to the other party within 10 business days of receipt of the dispute notice response.
The bid notice states that Council may terminate this agreement immediately by written notice to the purchaser if the purchaser is subject to an insolvency event, is in breach of the agreement, is in breach of any legislative requirements that, in the reasonable opinion of Council, may detrimentally affect Council's reputation, in the opinion of Council, the conduct of the purchaser or any of its personnel damages or is likely to hinder or affect Council's relationship with any authority, department, organisation or elected representative managing or administering or implementing any legislative requirements, or the purchaser fails to pay any amount owing to Council under the agreement.
