1.1 SCOPE OF SUPPLY

The goods provided shall be manufactured and/or supplied by the Supplier to the satisfaction of InterContinental Hotels Group in accordance with these and any additions conditions negotiated.


1.2 FIRM PRICE

The price at which the goods are offered is firm and final, shall be inclusive of all taxes and is supplied free into store to the nominated location. There shall be no provision for rise and fall due to labour rates, costs of materials, currency fluctuations or any other cause whatsoever.


1.3 VARIATIONS TO SUPPLY AGREEMENT

Purchase Orders may only be varied with previous written consent of InterContinental Hotels Group.


1.4 TERMS OF PAYMENT

Unless expressly stated in writing, payments shall be made within thirty (30) days of the end of the month following the month of invoice, provided they adhere to the Purchase Order specifications and delivery instructions.


1.5 DELIVERIES

1.5.1 All goods are to be delivered during the normal operating hours of the location, unless alternative arrangements have been made with the appropriate representative of InterContinental Hotels Group.

1.5.2 Delivery of Goods must be acknowledged by the signature of the approved representative of InterContinental Hotels Group prior to payment being deemed due.

1.5.3 Any Goods purported to have been delivered otherwise than in accordance with the above provisions will be deemed not to have been delivered.

1.6 PACKING, CRATING, MARKINGS

1.6.1 All proper care and protection must be given and provided by the Supplier in ensuring against possible damage and or breakage in transit.

1.6.2 The Supplier must ensure that Goods critical to face or surface damage are to be appropriately packed and protectively covered with suitable materials prior to crating/packing for transportation.

1.6.3 Each crate or package shall be uniformly and legibly marked/labelled accordingly to dispatch information attached to the Purchase Order..

1.6.4 The Supplier is fully responsible for making good any damage caused by themselves or their carrier.

1.7 DEFECTS

Should any defects or faults (due to workmanship or materials supplied) appear, the supplier shall be held responsible to amend and make good at their own cost. In the case of default or non-compliance within ten (10) days of request, InterContinental Hotels Group may recover from the Supplier the cost of making good.


1.8 PARAMOUNTCY OF DOCUMENTS

In the event of any inconsistency or contradiction between the documents comprising the Purchase Order between InterContinental Hotels Group and the Supplier, the Supplier shall cease all works and notify InterContinental Hotels Group directly for clarification and or instructions. In determining any ambiguity, error, omission, discrepancy, inconsistency and or other fault in the documentation of the Purchase Order the most recent documentation shall prevail.


1.9 INVOICES

Invoices must state the Purchasing Order Number and Package Number, be fully extended and received at the offices of InterContinental Hotels Group no later than the last working day of the month in which the delivery took place.


2.0 CANCELLATION

If pursuant to this order:

a) The goods are not received on the specified date(s) of delivery

or

b) The Supplier does not perform or fails to comply to the specification and or any part of the Purchase Order, conditions, schedules or supplementary instructions issued by InterContinental Hotels Group, without having received written acceptance from InterContinental Hotels Group, we reserve the right to employ such measures and resources as deemed necessary to rectify the Goods and the Supplier will be liable for all costs for such satisfactory rectification, either by deduction from the agreed purchase price or as a debt due by the Supplier through any court of competent jurisdiction.

2.1 GOVERNING LAW

This Contract and all questions arising hereunder shall be governed exclusively by the laws applicable to contracts made in the State or Territory of Australia, in which the Purchase Order was generated.


2.2 CONDITIONS AND WARRANTIES

It is hereby agreed that the Conditions and Warranties in Division 2 or Part V of the Trades Practices Act 1975 - 1977 shall apply in relation to this agreement as if the relationship of Supplier and Consumer existed between the Supplier and InterContinental Hotels Group respectively.


2.3 GUARANTEES AND/OR WARRANTIES

InterContinental Hotels Group require that all guarantees and/or warranties and/or specifications shall be forwarded on delivery of goods. All guarantees and or warranties shall be assignable and are for the period stated.


2.4 INSURANCE

Unless otherwise instructed by InterContinental Hotels Group, the Supplier shall be required to insure the goods so described in the Purchase Order against any possible theft, loss or damage from any cause whatsoever during and throughout the period of Manufacturer, Supply, Transportation and Storage on site until such time as the Goods are handed over to InterContinental Hotels Group. The Supplier may be called upon to produce a current Certificate of Insurance.


2.5 PATENT/PATTERN INFRINGEMENT

The Supplier accepts all responsibility for their interpretation of all words such as "similar" and will be deemed responsible for any patent/pattern infringement that may occur out of their interpretation. The failure of InterContinental Hotels Group to discover any such infringement will not alter/change the Supplier's responsibility/obligation in this matter.


2.6 TESTS AND INSPECTIONS

InterContinental Hotels Group or their nominated representative(s) may make periodical general inspections of the Goods and shall be recognised as the interpreter for the Purchase Order documents. The failure InterContinental Hotels Group or their nominated representative(s) to discover and condemn work not in accordance with the contract shall not alter the Suppliers obligation to remove and/or execute and/or replace such work when so instructed.


2.7 SAMPLES AND PROTOTYPES

2.7.1 If required, The Supplier shall prepare and submit samples/prototypes of goods and/or materials or finishes required by the specification for approval not less than fourteen (14) days before approval is required, unless otherwise specified.

2.7.2 The Supplier must re-submit or amend samples/prototypes as required until approved and then maintain them as the standard with which all similar work must comply.

2.7.3 The Supplier shall allow for the preparation and supply of samples/prototypes.

2.7.4 Samples of materials for which a range of either colour, surface finish, figuring or texture must be considered, shall be submitted with a sample of each of the extremes in the range and such materials used for the contract shall fall within the range of the approved samples. Such Samples must be submitted in duplicate, one of each to be retained by InterContinental Hotels Group the other to be retained by the Supplier.

2.8 BROCHURES

The Supplier shall provide brochures with their tender submissions when nominated.


2.9 MARKETPLACE CHARGES

2.9.1 As a Supplier in InterContinental Hotels Group E-procurement Platform, you will be charged Transmission Fees in accordance with the marketboomer Supplier Agreement. Transmission Fees levied by marketboomer are independent of any additional fee charged in accordance with these Terms & Conditions.

2.9.2 As a Supplier in the InterContinental Hotels Group E-procurement Platform, you will be charged a AUD$ 300.00 fee (+ GST) InterContinental Hotels Group Supplier Access annual Licence fee. This fee is payable to marketboomer annually in advance.