If there is an Existing Contract between JJ Electrical Manufacturing Pty Limited ("the Company") and the supplier for goods or services, and a Purchase Order is issued in respect of that Existing Contract:
the Existing Contract will prevail and apply to the supply of Goods and Services to the exclusion of these Terms and Conditions and the Agreement.
Subject to clause 1.(b), this Contract constitutes the entire agreement. These conditions shall override any terms and conditions stipulated, incorporated, or referred to in your order of negotiations.
To the extent that the supplier's terms and conditions are included with the Goods and Services, either before or after the placement of the Purchase Order, those terms and conditions will be of no legal effect and will not constitute part of this Contract.
These terms may be varied at any time by the Company. In the event of any conflicit or inconsistency between documents comprising the contract, the terms at the time of ordering of goods will prevail.
Formation of Contract
A contract for the supply of the Goods and/or the supply of the Services (“Contract”) is formed between the Company and the Supplier when the Supplier:
Communicates to the Company, either verbally or in writing, the content of which confirms or implies acceptance
Commences to process the Purchase Order
Dispatches the Goods and/or commences performance of the Services.
The contract, once formed, is only revocable by the Company. The supplier may not withdraw from the supply of goods at any time without the prior written approval of the Company.
Supply of Goods and/or services
The supplier is responsible for any misinterpretation of the purchase order.
Price and payment
The Price stipulated in the Purchase Order is fixed. The Price may not be varied or adjusted due to any change in any costs incurred by the supplier unless expressly agreed to in writing by the company.
The Purchase order price is inclusive of the following costs and charges unless otherwise specified in the order:
All necessary packaging and delivery costs, including freight and unloading
Insurance for goods in transit until risk passes; and
special tooling or testing requirements
Any costs payable for the use of intellectual property
