Our response to COVID-19

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  • About Us
  • Our Approach to Purchasing
  • Purchase Terms and Conditions
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    • Media Releases
        Media Releases Back
      • Anglicare’s Response to Coronavirus (COVID - 19)
      • Anglicare Family Relationship Centre Celebrates 10 Years in Nowra
      • New Aged Care Home Opens at the Ponds
      • Cafe course serves up a better future for Mt Druitt students
      • Coogee Cafe Celebrates Aboriginal and Torres Strait Islander Culture
      • Latest research shows alterations in the blood may detect the onset of Alzheimer’s disease
      • New Reconciliation Action Plan for 160 year old organisation
      • Anglicare’s Fresh Food Tuesday moves to St Luke’s Liverpool
      • Rental stress worsens in Greater Sydney and the Illawarra
      • Bikers roar in to Wollongong to raise funds for Anglicare
      • Dharug language comes alive through Bidwill poetry program
      • Anglicare welcomes push to alleviate housing crisis
      • New program opens in Parramatta for refugee children
      • Castle Hill graduate program trains new nurses to care for the aged
      • Small grants available for Refugee Ministries
      • High demand for quality retirement living units in the Hills
      • New Program Opens in Bankstown for Refugee Children
      • Join “Beating the Blues” Walk at Prince Alfred Park to Support Better Mental Health
      • Sydney’s Housing Crisis Pushing Frail Aged Into Homelessness
      • Sydney Anglican Archbishop Commissions NSW First Female Police Chaplain
      • Anglicare Launches Wills Day in Summer Hill
      • Anglicare's Mobile Community Pantry Opens in Granville
      • Language No Barrier to Friendship at Ryde ESL Class
      • Outstanding Achievers at the Australian Charity Awards
      • Supporting Dads at Anglicare Mt Druitt
      • Anglicare Urges Penrith Shoppers to do Good by Looking Great
      • Anglicare Low Cost Food Van Drives Dollar Further for Low Income Families
      • More Frail Aged on the Verge of Eviction in the Eastern Suburbs
      • Anglicare's Mobile Community Pantry Opens in Liverpool
      • CEO Appointed to Steer Anglicare's New Course
      • Anglicare Name Stands the Test of Time
      • Testing times for integration in Australia
      • Anglicare Elizabeth Lodge First in Australia to be Montessori Accredited
      • Anglicare low cost food van drives dollar further for low income families
      • Zambian Youth Choir brings Songs of Hope to Anglicare
      • Greeting a Grandparent is Child’s Play for Hills mums
      • Classic toys unlocks memories for Penrith frail aged
      • Beecroft residential aged care honoured for best practice
      • Anglicare invests $70 million in Rooty Hill
      • Latest Anglicare program provides housing for families in transition
      • Penrith Aboriginal Community Celebrates Grandparents with Anglicare
      • Not enough jobs for low skilled unemployed, Anglicare reveals
      • Liverpool Kitchen Feeds the Homeless
      • Sylvania resident celebrated for 25 year service to community
      • Aged Care more than a career for Waterloo resident
      • $100 million investment into the Milperra Community
      • Anglicare low cost food van drives dollar further for low income families
      • Anglicare’s Glenhaven Green celebrates 10th Anniversary
      • New changes to SRSS asylum seeker support punishes people wanting to integrate and contribute to Australia
      • Plans to grow Northern Inland services for people in need
      • Sydney Housing Crisis
      • Illawarra Housing Crisis
      • Anglicare research finds Australians living alone are doing it tougher
      • Balmain church launches emergency collection for asylum seekers pushed off support payments
      • Anglicare opens new shop in Lithgow
      • New Residential Aged Care Home in Dapto proposed
      • It’s OK not to be OK during Men’s Health Week, says Anglicare Sydney
      • You can’t keep a good woman down: Sue Adams, Anglicare Mt Druitt Shop Volunteer
      • Anglicare Sydney takes over ARK Health Care Parramatta
      • Free chaplaincy service for older people living at home
      • Three new community pantries open in St George and Sutherland Shire
      • Anglicare opens new shop in Tahmoor
      • Living life to the fullest: Blind pianist devotes time and talent to others
      • New developments approved for Anglicare Oran Park
      • New trial: Anglicare Op Shops expand to include affordable groceries
      • Anglicare supports Chris’ recovery journey
      • New developments approved for Anglicare Oran Park
      • Volunteering practical care in Campbelltown
      • Get involved during National Op Shop Week!
      • Keeping families safe in Ulladulla
      • New community pantry opens in Lawson
      • New community pantry opens in Lawson
      • Hope for a dementia cure
      • Anglicare partners with NSW Government to build more affordable housing
      • Anglicare low cost food van to operate in Shellharbour
      • Anglicare low cost food van to operate in Wentworth Falls
      • Anglicare to expand its services in the Southern Highlands
      • Anglicare opens new Aged Care Residence in Rooty Hill
      • Anglicare Woolooware Shores to expand
      • Still less than 1% affordable for people on low incomes despite increase in rental properties
      • Anglicare low cost food van to operate in the Shoalhaven
      • New Anavex trial for Parkinson’s Disease to open in Sydney
      • Greater parenting confidence and resilience from specialised service delivery model
      • Anglicare low cost food van to operate in Waitara
      • Anglicare’s Mobile Community Pantry comes to Blacktown!
      • Volunteering is something Gymea resident was meant to do
      • Anglicare to provide mental health services not covered by the NDIS in Gunnedah
      • Anglicare expands their services with new shops in the Illawarra and South Coast
      • Lalor Park Church providing love and care in hard to reach places
      • Anglicare to provide mental health services not covered by the NDIS in Narrabri
      • New Residential Aged Care Home to be built at Oran Park
      • Volunteering gives Hills resident something to believe in
      • It’s the smiles that keep Penrith resident volunteering
      • Help is only a call away thanks to Illawarra volunteers like Andrew
      • Grandmothers give the best advice
      • Sussex Inlet resident provides a helping hand during times of disaster
      • 105-year-old Castle Hill dancing queen
      • Anglicare provides physiotherapy with NDIS counselling packages in Moree
      • Anglicare launches Wills Day in Cabramatta
      • Anglicare launches Wills Day at Warriewood Brook
      • Celebrating 60 years of Mowll Village
      • Anglicare to build more affordable housing in Corrimal
      • Anglicare helps people recognise domestic abuse
      • Anglicare welcomes South Korean delegation to share and learn about aged care
      • Anglicare to build more affordable housing in Nowra
      • Anglicare’s response to “catastrophic” fire forecast
      • Anglicare to build more affordable housing in Botany
      • COVID-19: Press Release from Anglicare Sydney - 23 April 2020
      • Anglicare volunteers upcycle for good
      • COVID-19: Press Release from Anglicare Sydney - 23 April 2020
      • Anglicare celebrates 30 years of the Lord Mayor’s Giving Tree and Bikers Run
      • COVID-19: Press Release from Anglicare Sydney - 24 April 2020
      • Anglicare says NO to domestic violence
      • COVID-19: Press Release from Anglicare Sydney - 24 April 2020
      • Anglicare brings the joy of Christmas to thousands of families
      • COVID-19: Press Release from Anglicare Sydney - 25 April 2020
      • Anglicare to open new Op Shop in Bowral
      • Anglicare is bringing more housing to Rooty Hill
      • COVID-19: Statement from Anglicare Sydney - 28 April 2020
      • COVID-19: Statement from Anglicare Sydney - 28 April 2020
      • Seniors’ exercise class in Drummoyne builds community
      • Anglicare Village comes to Minto
      • New life at Anglicare’s Farrer Brown Court
      • Castle Hill dental practice winners at HESTA Aged Care Awards
      • Anglicare to build more housing in Fairfield
      • Anglicare celebrates 11 years of Aboriginal Cultural Program
      • Data breach notification
      • Someone posing as an Anglicare volunteer in Albury and Holbrook regions
      • Anglicare to host an affordable Wills Day in Mt Druitt
      • Data breach notification
      • COVID-19: What Anglicare is doing to protect residents, clients, staff and volunteers
      • Affordable food comes to Bomaderry
      • Strengthen your memory and boost your confidence with Brain Training
      • A new emotional wellbeing for older persons service provides much-needed mental health support
      • Thieves posing as carers and cleaners targeting elderly citizens
      • COVID-19: Statement from Anglicare Sydney - 13 April 2020
      • COVID-19: Statement from Anglicare Sydney - 17 April 2020
      • COVID-19: Statement from Anglicare Sydney - 18 April 2020
      • COVID-19: Statement from Anglicare Sydney - 19 April 2020
      • COVID-19: Statement from Anglicare Sydney - 21 April 2020
      • COVID-19: Press Release – Anglicare Sydney - 21 April 2020
      • COVID-19: Statement from Anglicare Sydney - 22 April 2020
      • COVID-19: Statement from Anglicare Sydney - 23 April 2020
      • COVID-19: Statement from Anglicare Sydney - 29 April 2020
      • Severe rent stress eased by COVID-19 income support; urgent longer-term increase to payments needed
      • COVID-19: Media update from Anglicare Sydney - 30 April 2020
      • COVID-19: Media update from Anglicare Sydney - 1 May 2020
      • COVID-19: Media update from Anglicare Sydney - 2 May 2020
      • COVID-19: Supporting Families and Friends of Newmarch House - 3 May 2020
      • COVID-19: Statement from Anglicare Sydney - 3 May 2020
      • COVID-19: Statement from Anglicare Sydney - 4 May 2020
      • COVID-19: Statement from Anglicare Sydney - 5 May 2020
      • COVID-19: Statement from Anglicare Sydney - 5 May 2020
      • COVID-19: Statement from Anglicare Sydney - 6 May 2020
      • COVID-19: Statement from Anglicare Sydney - 7 May 2020
      • COVID-19: Statement from Anglicare Sydney - 7 May 2020
      • COVID-19: Statement from Anglicare Sydney - 7 May 2020
      • COVID-19: Statement from Anglicare Sydney - 9 May 2020
      • COVID-19: Statement from Anglicare Sydney - 11 May 2020
      • COVID-19: Statement from Anglicare Sydney - 19 May 2020
      • Statement from Anglicare Sydney - 02 September 2020
      • COVID-19: Statement from Anglicare Sydney - 31 May 2020
      • COVID-19: Statement from Anglicare Sydney - 15 June 2020
      • Anglicare Cyber Incident
      • Statement from Anglicare Sydney - 19 September 2020
      • Statement from Anglicare Sydney - 19 September 2020
      • Australian Aged Care Collaboration campaign
      • Rental Affordability Snapshot (RAS) 2021
      • Anglicare appoints Chief Clinical Officer
      • Anglicare CEO Grant Millard calls time on a career of service and distinction
      • Anglicare’s Life After Lockdown report reveals more Australians worse off
      • Anglicare Sydney selects new CEO
      • Community Care Fund transitions to Anglicare
      • Anglicare Rental Affordability Snapshot 2022
      • Anglicare Cyber Incident
      • A Message of Condolence on the passing of Her Majesty Queen Elizabeth ll
      • Anglicare Sydney announces investment in LDK Healthcare
      • One of the north shore’s most iconic interwar mansions re-opens
      • Anglicare and Presbyterian Aged Care Joint CEO Statement
    • Blog
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      • International Women's Day 2022
      • Tips to reduce your risk of dementia
      • 3 wellbeing benefits of retirement village living
      • Respite: Defining the care service and identifying when you need it
      • Is it time for your loved one to consider aged care services ?
      • Rhythm of Life: A person-centred approach to aged care
      • What is residential aged care and when should we consider it?
      • Eat right to stay upright
      • What are the different services available for older Australians living at home ?
      • How to discuss residential aged care with your parents
      • Rental Affordability Snapshot: High rents are leaving people on low incomes out in the cold
      • How do you become a foster carer with Anglicare?
      • Three tips when choosing a home care provider
      • Common signs of anxiety and how you can get help
      • What are the different costs of residential aged care?
      • Demystifying home care package fees
      • Op Shopping: Five reasons why it's so good
      • 4 signs of teenage depression and NSW services that can help
      • Speak up, open up: How we grow through personal counselling
      • 7 tips to help you make the most of your retirement lifestyle
      • Grandparenting: An experience to treasure
      • Why it's important you continue lifelong learning into retirement
      • 7 Simple ways to stay active and social in retirement
      • A personal reflection of the NSW bushfire crisis
      • Keeping active at home
      • Coronavirus and Domestic Violence
      • Coronavirus and your anxiety
      • Coronavirus and living on a low income
      • Coronavirus and bushfire recovery
      • Coronavirus and your child's anxiety
      • Coronavirus and living alone
      • Coronavirus and grief and loss
      • Worry and Anxiety
      • Be Kind to Yourself
      • Circle of Control
      • Settling Your Mind
      • 8 things you might be thinking about Coronavirus and some ideas that could help
      • 5 attributes of a great foster carer - Someone like you!
      • Discover Anglicare Op Shops
      • 6 reasons to make counselling a part of your NDIS plan.
      • What to expect from your NDIS counselling sessions
      • More than an OpShop
      • At home during COVID-19: 14 Emotional wellbeing tips
      • Coping with seasons of change
      • Budget tips to save during lockdown
      • A reflection from a current Anglicare foster carer for Foster Care Week
      • When a parent needs more care. Some tips to help you make the right decision.
      • Considering care for older parents? We can help you understand residential aged care fees.
      • Is your parent unsure about residential aged care? A short stay can help make things clearer.
      • Six Tips for Healthy Eating at Home
      • Australia’s first suicide prevention program for seniors
      • Reflections from Bridget - Disaster Recovery Chaplain
      • Declutter your home’s hidden spaces
      • 20 tips to avoid trips and falls in the home
      • So much stuff! Small steps to getting things sorted.
      • Community Care Program Spotlight - One4Life Redfern
      • Looking for a rewarding career with growth opportunities in aged care?
      • Introducing the Anglicare at Home app
      • Practical Tips to Help People Living with Dementia
      • Understanding the Vital Role of Health Services for Older People
      • Combatting Loneliness in Older People
    • Ministry & Partnerships
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      • Chaplaincy
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    • Our Executive Team
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      • Simon Miller
      • Maryann Curry
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      • Victoria Lee
      • Yvette McDonald
      • Cassandra Mathews
      • Greg Muddle
      • Sonali Pinto
      • James Zehnder
      • Mick Young
      • Simon Brookes
    • Our Board
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      • Mr Greg Hammond OAM (Chairman)
      • Dr Steevie Chan
      • Rev Eric Cheung
      • Mr Peter Hicks
      • Ms Evelyn Horton
      • Dr Linda Kurti
      • Bishop Gary Koo
      • Mr Martyn Mitchell
      • Prof Jonathan Morris AM
      • The Rev Catherine Wynn Jones
    • Whistleblower Policy
    • Our Approach to Purchasing
  • What We Offer
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    • Home Care
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      • Allied Health
      • Anglicare Home Care Services
      • Accessing Home Care Packages
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      • Why choose Anglicare At Home?
      • Meet our Care Workers
      • Respite and Social Wellness Centres
      • Home Care - Frequently Asked Questions
      • Are you caring for someone?
      • Home Care Package Budget Estimator
      • Short-Term Restorative Care
    • Retirement Living
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      • Your Guide to Retirement Villages
      • Retirement Living Cost and Payments
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      • New Retirement Village Developments
      • Retirement Living - Frequently Asked Questions
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      • Retirement Village Open Days
      • Properties Now Available
      • Retirement Living - Colin's Story
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      • Residential Aged Care Locations
      • Your Guide to Residential Aged Care
      • Costs and Payments for Residential Aged Care
      • Residential Aged Care - Frequently Asked Questions
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      • Royal Commission into Aged Care
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Purchase Terms and Conditions 

1. Definitions

Unless a negotiated supply agreement or supply contract exists between Purchaser and Supplier, these standard terms and conditions shall apply to all purchases made by Purchaser. In these terms and conditions unless a contrary intention is expressed:

Goods shall mean all items, consumables, materials, plant, equipment or services ordered by Purchaser in accordance with this Order;

Order shall mean the purchase order issued by Purchaser to Supplier for the supply of the Goods including these terms and conditions;

Purchaser shall mean Anglican Community Services (“ACS”), ABN 39 922 848 563;

Supplier shall mean that party, person, firm, partnership or company (howsoever constituted) from whom the Goods described in the Order have been requested.

2. Validity of Order 

This Order, when properly authorised and bearing an Order number is the only form which will be recognised by Purchaser as authority for charging the Goods to its account and to the extent permitted by law constitutes the entire agreement between the parties and supersedes all previous communications and negotiations. This Order constitutes the entire terms applicable to the Goods and may not be modified except in writing signed by Purchaser. These terms shall apply to the exclusion of any conditions of sale appearing on any document of Supplier.

3. Order Acknowledgement and Delivery

(a) Supplier shall send Purchaser a written acknowledgement of the Order within two business days of receipt of the Order. Supplier shall notify Purchaser in writing of any errors or inaccuracies in the Order within the same time.
(b) The delivery of the Goods must be made strictly in accordance with this Order and, in particular, within any time and/or method and to such place as Purchaser may nominate. Unless otherwise agreed, Purchaser will not accept part delivery of the Goods.
(c) If any of the Goods or part of the Goods are delivered in excess of the quantity ordered by Purchaser, Purchaser shall be not be bound to pay for the excess and shall be entitled to return the excess to Supplier at Supplier’s expense.
(d) If Supplier does not deliver the Goods or any of the Goods by the delivery date, without prejudice to any other rights it may have,
Purchaser shall be entitled to, without incurring any costs or expenses whatsoever from Supplier:
(i) Cancel the Order in whole or in part,
(ii) Refuse to accept delivery or subsequent delivery,
(iii) Claim damages for expenses, costs, losses incurred by Purchaser directly due to the late delivery,
(iv) Recover from Supplier the additional expenses incurred by Purchaser for purchasing the Goods from an alternative source.
(e) Where Purchaser agrees to accept part delivery or delivery by instalments, Purchaser shall be entitled to treat the Order as repudiated if any part delivery or delivery instalment does not meet the required delivery date.
(f) Supplier shall provide a delivery docket for each delivery, noting Purchaser’s Order number, number of packages and contents, and if part delivery, any outstanding balance.
(g) Signed delivery dockets shall not mean acceptance by Purchaser of the Goods or any of the Goods delivered but only delivery made. Purchaser shall not be deemed to have accepted the Goods or any of the Goods until Purchaser has had ten working days to complete its inspection after delivery made.
(h) Where the Goods are required to be installed and/or tested and/or commissioned, delivery shall not be regarded as having been made until the Goods are fully installed and/or tested and/or commissioned, providing this is done as soon as reasonably practical following receipt of the Goods.
(i) Where the Goods are to be put in place or installed by Supplier, Supplier shall provide all works and materials necessary to carry out such put-in-place or installation, including subsequent clean up and disposal of packaging. All works carried out by Supplier will be completed in a proper and workmanlike manner and Supplier will exercise all due care while on Purchaser’s premises.

4. Title and Risk 

(a) Supplier warrants full and unrestricted title for all Goods supplied under the Order and that the Goods are free from any lien or encumbrance whatsoever.
(b) Goods are at Supplier’s risk until delivery is made in accordance with the Order.
(c) Without prejudice to Purchaser’s right to reject the Goods, title shall pass to Purchaser upon delivery of the Goods, provided that, if the Goods are non-conforming or defective, Supplier shall bear the risk of loss as to the Goods until the defect is remedied by the Supplier.
(d) Supplier agrees to indemnify and hold harmless Purchaser against any claims from any third parties against Supplier affecting directly or indirectly the Goods, provided that the indemnity shall be reduced proportionally to the extent that any negligent act or omission of Purchaser, its consultants, agents or other contractors contributed to the claim.

5. Defective Goods and Remedies

(a) All Goods ordered are subject to final inspection and acceptance by Purchaser. In the event that the Goods or any of the Goods fail, in Purchaser's reasonable opinion, to conform to Supplier's obligations in accordance with the Order then Purchaser may reject the Goods. Purchaser shall be entitled to a refund of the purchase price together with an amount to cover Purchaser's reasonable inspection, handling, transportation and other reasonable charges or expenses.
(b) Where Purchaser rejects Goods which are already installed, Supplier shall immediately upon written direction, remove the defective Goods, replace same and make good any damage to other property occasioned in such removal to the satisfaction of and at no cost to Purchaser. If Supplier fails to take corrective action within five business days of Purchaser’s notification, Purchaser shall have the right to, at the expense of Supplier, remove and replace or repair the defective Goods.
(c) Acceptance of or payment for all or any part of the Goods shall not be deemed to be a waiver on the part of Purchaser of it's contractual, statutory or other rights in respect of the Goods.

 6. Price and Payment 

(a) The purchase price stated in the Order shall be firm and fixed and inclusive of all charges, including freight and insurance and GST and any other taxes, duties or imposts imposed by any relevant authority in connection with this Order.
(b) Unless otherwise agreed in writing by Purchaser, payment terms are 30 days from the end of the month in which Supplier’s correctly rendered tax invoice has been received.
(c) Supplier acknowledges that Purchaser is entitled to exercise a right of set off to the extent Supplier is indebted to Purchaser against any monies due by Purchaser to Supplier on this or any other account.

7. Invoices

(a) All invoices or commercial documents shall bear a valid Order number. 
(b) Invoices that do not bear a valid Order number may be returned to Supplier and/or may delay payment.
(c) All invoices shall be submitted to [email protected]

8. Warranties

Supplier warrants that the Goods will:

(a) be fit for their intended purpose;
(b) comply with the requirements of all relevant standards in Australia and with any other contractual obligation of Purchaser to a third party (as disclosed to Supplier by Purchaser);
(c) conform with all specifications, drawings, samples or other descriptions furnished by Purchaser to Supplier from time to time; and
(d) be free from any defects in design, manufacturing, materials and workmanship for a minimum period of two years from the date of delivery or installation or commissioning or practical completion, whichever is later.

9. Insurances

Supplier shall hold and maintain all necessary insurances, including Workers’ Compensation insurance as required by law; public and products liability insurance in respect of the Goods for a minimum amount of AU$10 million respectively unless otherwise specified in the Order; and any other insurances as specified in the Order. Upon request, Supplier shall provide certificates of currency to Purchaser.

10. Indemnity

Supplier indemnifies Purchaser against any loss (including consequential and indirect loss), damage, liability or claim, whether arising under contract, common law, in equity or under any statute, which Purchaser suffers or incurs arising out of:

(i)  any breach of this Order by Supplier; and
(ii) any injury or death to any person or damage to any property in any way connected with the performance of the Order or the Goods supplied by the Supplier, provided that the indemnity shall be reduced proportionally to the extent that any breach of this Order or any negligent act or omission of Purchaser, its consultants, agents or other contractors contributed to the loss, damage, liability or claim.

11. Cancellation

(a) Either party shall have the right in its absolute and sole discretion to cancel this Order in whole or in part at any time and for any reason, by providing to the other party at least 5 business days’ notice prior to the delivery date stated in the Order.
(b) If Supplier:
(i) is in default of any provisions of this Order and such default is not rectified within 7 days of receipt of notice from Purchaser to rectify such default; or 
(ii) is adjudged bankrupt, its assets are liquidated or if it makes a general assignment for the benefit of its creditors; or
(iii) has a receiver, liquidator, administrator or other controller of property appointed to Supplier on account of its solvency or ability to pay its debts as they fall due, Purchaser shall have the right to, without prejudice to any other rights or remedies it may have hereunder, cancel this Order on the giving of notice, forfeit any retention, take possession of any premises, materials, tools and appliances and finish the work by whatever means it may deem expedient.
(c) If this Order is cancelled pursuant to subclause (a), provided the Supplier is not otherwise in breach of this Order, Purchaser shall be liable to pay Supplier for work completed up to and including the date this Order is cancelled, including any reasonable costs incurred by the Supplier prior to the date of cancellation.
(d) If this Order is cancelled pursuant to subclause (b), the parties’ remedies, rights and liabilities shall be the same as they would have been under the law governing the Order if the party receiving the notice of cancellation had repudiated the Order and the other party elected to treat the Order as at an end and recover damages. If the unpaid balance of the purchase price exceeds the expense of finishing the work then such excess shall be paid forthwith by Supplier and/or deducted as the case may be to Supplier's account.

12. Manuals and Documentation

Supplier shall provide to Purchaser necessary operating instructions, maintenance manuals, drawings, software protocol (where applicable) to enable Purchaser to use, operate and maintain the Goods.

13. Intellectual Property

(a) Supplier warrants any design, materials, documents, patents, trademarks or data connected directly or indirectly to the Goods will not infringe any copyright or any other protected right. Supplier agrees to indemnify and forever hold harmless Purchaser against any actions arising from any breach of this warranty.
(b) Ownership of any design, materials and documents, patents, trademarks or data in relation to this Order vests in Purchaser.

However, Purchaser grants Supplier an irrevocable non-exclusive license to use, reproduce, adopt, create, modify, correct, develop, or sub-license the Intellectual Property solely for the purposes of fulfilling the Order.

14. Confidentiality 

Supplier agrees to maintain in strict confidence all “Confidential Information” provided by and/or obtained from Purchaser. “Confidential Information” means all information to which Supplier has accessed including but not limited to all specifications, commercial and/or technical know-how and data, software, marketing and client/customer data and other business information. Supplier shall restrict disclosure of such information to a need to know basis for the purpose of discharging its obligations to Purchaser. Supplier shall ensure that its employees, agents and subcontractors are aware of and comply with the confidentiality obligations.

15. Assignment

This Order cannot be assigned, transferred, by either party or any part subcontracted by Supplier without the prior written agreement of the parties, each acting reasonably.

16. Governing Law

This Order is governed by and must be interpreted in accordance with the laws of New South Wales, Australia. The parties hereby submit unconditionally to the non-exclusive jurisdiction of the courts of that State.

17. Safety of Persons, Property & Environment 

Supplier shall perform its obligations safely so as to protect persons and property and the environment. Supplier shall comply with all applicable workplace, health and safety acts and regulations and amending instruments and the Purchaser’s Contractor Induction guidelines and responsibilities. Supplier shall maintain current National Criminal History Records check certificates, where applicable and/or required by laws.

18. Miscellaneous

(a) The Goods are for the use of or re-sale by Purchaser and may be incorporated in any Goods. In no event shall any claim for royalties or other additional compensation be made by Supplier by reason of such use, re-sale or manufacture.
(b) The fact that Purchaser fails to do or delays in doing something it is entitled to do under the Order, does not amount to a waiver of its right to do it.
(c) If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from these Terms and Conditions of Purchase Order, but the rest of the Order is not affected.
(d) Neither party shall be liable for any failure to fulfill or any delay in fulfilling any obligation arising from the Order if the failure or delay has been caused directly or indirectly by any act of God, war or other civil commotion, strikes, lockouts, stoppages and restraints of labour, breakdown of machinery, inability to obtain raw. materials or fuel, fire or explosion, any government action or any other cause beyond the reasonable control of that party and not a consequence of that party’s own negligence.
(e) Supplier shall at all times comply with the requirements of all applicable statutes, regulations or standards in the supply of the Goods pursuant to this Order.
(f) The rights and remedies provided in the Order will not affect any other rights or remedies available to Purchaser at law.
(g) In the event of any dispute or differences, the parties shall first attempt to resolve the same between them before proceeding to litigation or arbitration as the case may be. However, this subclause (g) shall not prejudice the right of a party to institute proceedings to enforce payment due under the Contract or to seek injunctive or urgent declaratory relief.
(h) Clauses 9, 10, 13 and 14 will survive cancellation of this Order.
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