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 specified in schedule. Payment within 10 business days of assessment. Defects liability period 12 months. Liquidated damages apply if schedule sets amount. Price inclusive of transport, packaging, taxes except GST. No rise and fall. Dispute resolution via notice, general manager meeting, mediation, expert determination, then litigation. Supplier must provide operation and maintenance manuals before delivery.
The supplier must ensure that the equipment is delivered to the delivery place by the date for delivery, as set out in the schedule. the supplier must ensure that the equipment is delivered to the delivery place by the date for delivery.
Council will assess payment claims within 10 business days and pay 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 the equipment will be new, of merchantable quality, free from defects, fit for purpose, and capable of safe operation. the equipment. . . will be: a new. . . b of merchantable quality and free from defects c fit for the purpose.
The supplier must comply with all legislative requirements, procure all licences, and perform with the degree of skill expected of a competent supplier. comply with all legislative requirements relating to the performance of its obligations under the agreement.
If the supplier fails to deliver by the date for delivery, the supplier must pay liquidated damages at the rate set out in the schedule. 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 the agreement if the supplier does not carry out its obligations and fails to rectify the breach within seven days after being requested in writing. 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.