This is a preferred supplier arrangement for the supply and delivery of bagged cement products, including mortar mix, concrete mix, rapid set concrete, general purpose cement, and hydrated lime. The agreement term is for two years, commencing September 28, 2026, with options to extend for three further 12-month periods. Goods will be delivered free in store (FIS) to council depots or sites within the Rockhampton Regional Council boundaries. The council may order any quantity of goods, and is not obliged to order any specific amount. The supplier warrants that the goods will conform to specifications, be of merchantable quality, and fit for purpose. The supplier must comply with all legislative requirements and maintain necessary licenses. The agreement includes provisions for dispute resolution, termination, and payment terms. Liquidated damages may apply for late delivery if stated in the schedule.
Goods shall be delivered free in store (FIS) to council depots or sites within the Rockhampton Regional Council boundaries. The supplier must deliver the ordered goods by the date for delivery. The supplier must give council prior notice, and where possible ten 10 business days notice, of the time and date when the goods will be delivered.
Within twenty 20 business days of receipt of a payment claim that complies with clause 18. 3, council will pay the amount of the payment claim. Any payment made by council will neither be evidence of the value of the goods delivered, nor an admission that the goods have been delivered satisfactorily, but will be deemed to be a provisional payment on account and subject to a final verification by council.
The supplier warrants that the goods will conform precisely in quality and specification with the requirements of the agreement, be new and of merchantable quality, conform precisely in quantity with the quantity set out in any order, be free from defects in composition, materials and workmanship, and be fit and suitable for any purpose expressed in the agreement or commonly supplied for. The warranty period means the period set out in the schedule that commences on the date of delivery.
The supplier warrants that it has a clear understanding of its obligations under the agreement and has satisfied itself as to the correctness and sufficiency of its tender to undertake all of the obligations under the agreement. The supplier must ensure that the supplier, its personnel and all other persons engaged in the provision of the goods are not an excluded person as at the commencement date and do not at any time become an excluded person during the term.
If the schedule states that liquidated damages apply, the supplier will be indebted to council for liquidated damages at the rate stated in the schedule for every day after the date for delivery until the goods are delivered or the agreement is terminated. The sums payable by the supplier to council, pursuant to this clause 16. 6 are a genuine pre-estimate of the damages likely to be suffered by council if the supplier does not deliver the goods by the date for delivery.
The document mentions site meetings where the supplier and personnel must attend upon reasonable notice to discuss matters relevant to the goods and their progress. It does not specify if a site visit is mandatory or optional for tender evaluation.
The supplier warrants that the goods will correspond with any sample of the goods that the supplier provided or showed to council before entering the agreement. There is no explicit requirement for sample submission as part of the tender process.
The supplier query cutoff is Monday 17 August 2026 01:00 am E. South America Standard Time.
If it is found that any representation, warranty or other information provided by the supplier, which is of material importance to council, is incorrect or misleading, it will constitute a serious breach, and council may decide not to place further orders or terminate the agreement. If the supplier or its personnel becomes an excluded person or acts inconsistently with council policies, it will also constitute a serious breach. Excluded person includes individuals convicted of indictable offences or those who have failed to act honestly and with integrity.
