8. Quality

8.1. The Goods and/or Services shall be supplied strictly in accordance with the specification and/or any sample previously provided to the Authority or as agreed with the Authority in writing and, unless otherwise agreed in writing, shall conform to all relevant standards, specifications and conditions. 

8.2. Any Goods must be supplied with adequate instructions as to use and use-by date, be fit for the purpose for which they are intended, of satisfactory quality, and free from defects in design, material and workmanship. 

8.3. The Supplier shall, in providing any Services exercise that degree of speed, care, skill, diligence and foresight which would reasonably and ordinarily be expected from a skilled and experienced service provider engaged in the provision of services similar to the Services under the same or similar circumstances as those applicable to this Purchase Order Agreement and which are in accordance with any codes of practice published by relevant trade associations. 

8.4. The Supplier will indemnify and keep indemnified the Authority against any damage to its property (including any materials, tools or patterns sent to the Supplier for any purpose) and against any claims for loss, expense or injury to or of any person or to the property of any person which results during or after proper use, directly or indirectly, from defective materials, goods, services, workmanship or design used or supplied by the Supplier or by reason of the Supplier’s negligence or for any act or omission on the part of the Supplier’s employees, sub-contractors, assignees, representatives or agents arising out of the execution of the Purchase Order Agreement. 

8.5. The Supplier agrees to assign to the Authority upon request the benefit of any warranty, guarantee or similar right which it has against any third party manufacturer or contractor of any goods or services or any part thereof. 

8.6. The Authority’s rights under these Terms and Conditions are in addition to the statutory conditions, warranties and terms implied in favour of the Authority by the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, related statutes and any statutory re-enactment(s) or modification(s) thereof. 

8.7. The Supplier shall ensure that the Goods shall:

  • 8.7.1. correspond with their description and any applicable specification;
  • 8.7.2. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by the Supplier or made known to the Supplier by the Authority expressly or by implication, and in this respect the Authority relies on the Supplier’s skill and judgement;
  • 8.7.3. where they are manufactured products, be free from defects in design, material and  workmanship and remain so for 18 months after delivery; and
  • 8.7.4. comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods.
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