Each Purchase Order placed by Catalyst for goods and/or services is subject to these standard purchase terms and the terms of the applicable Purchase Order, and is conditional upon Supplier’s agreement to such terms. Supplier shall be deemed to have agreed to be bound by such terms by accepting the Purchase Order, delivering the goods, and/or performing the services:
Health and Safety
Catalyst is committed to ensuring the health and wellbeing of all who come into contact with our activities, and expects our sub-contractors to operate in a similar spirit. Accordingly:
1. When entering the site for the first time, all sub-contractors and workers must sign in at the Site Station and confirm they have read the Site Induction information.
2. When entering the site on every other occasion, all sub-contractors and their workers must:
a. Sign in at the Site Station
b. Read the Site Hazard Board and update with any hazards you or your workers will be bringing to the site
c. Wear PPE appropriate to their job and to the environment at all times. (Hi-viz vests and safety footwear must be worn at all times.)
d. Ensure your tools are fit-for-purpose and safe to operate, e.g. tagged, with guards fitted and/or HEPA vacuums.
e. Have a first aid kit easily accessible to your workers
f. Ensure you and your workers comply with all requirements and conditions of the site, as detailed in the Site Induction Folder and on the Site Hazard Board.
3. If a new worker commences work with the contractor, the contractor must notify Catalyst of the person’s name, qualifications and experience before that person reports to work on a Catalyst site.
4. All workers employed by you in whatever capacity must be appropriately trained for the work they are undertaking or be properly supervised.
5. You MUST notify Catalyst of:
as soon as practicably possible.
6. All near misses and accidents that occur on a Catalyst site must be recorded in the Incident and Accident register, contained in the Site Folder on the Site Station.
7. Any contractor or employee found to be disobeying instructions will be removed from site. Any time lost by the removal of the contractor or employee will need to be ‘made up’ at the contractor’s expense, to enable the project to be delivered on time.
Scope of Works:
2. Please ensure you can meet the Final Construction Issue programme.
3. All reasonable instructions received from Catalyst must be followed at all times. Instructions from other trades will not be permitted.
4. All instructions that differ from the plans are to be in writing, in the form of a contract instruction and a PO issued if there is a financial cost associated.
5. If you have any queries regarding the scope of works please don’t hesitate to contact either the Project Manager, Contracts Manager or your PO issuer to discuss. DO NOT ASSUME.
6. Works carried out without prior approval are deemed to be non-cost related and/or at the contractor’s risk.
7. All completed works are to fully comply with all relevant building standards/codes and local authority regulations.
General Housekeeping on Catalyst sites:
1. Any loss of Catalyst issued access card will result in a $75.00 charge for the replacement and reprogramming.
2. Under no circumstances are any contractors to approach any staff members (including the reception staff) about access or parking.
3. Please ensure all trade waste, debris, tools and materials are removed from the site, from the designated exit points using the appropriate goods lift during off peak office hours. If not, the main contractor reserves the right to impose a clean-up fee which will be measured by the time and amount of waste taken away.
4. Please ensure staff use the designated toilets only and keep them in good clean condition. The main contractor reserves the right to impose a clean-up fee if any toilets are found unclean and damaged.
5. If any damage occurs as a direct result of your contract, you will be liable for all make-good fees.
6. Any false alarm incurring a callout fee will be directly on-charged to the contractor responsible for the charge by Catalyst.
7. Any false alarm causing evacuation of any of the building tenant will incur a charge of $1,500.00 + GST payable by the contractor direct to Catalyst.
8. All invoices issued to Catalyst are to include a valid Catalyst issued Purchase Order number. Any invoices issued without this will be sent back to the contractor for re-issue.
Unless otherwise agreed in writing, the Supplier warrants that the goods/ services supplied:
• are of a good quality, having regard to good industry practices for the industry in which the Supplier operates;
• comply with any description, sample or representation that has been provided to Catalyst;
• comply with any specification that has been provided to the Supplier by Catalyst;
• are fit for their normal purpose or any other particular purpose Catalyst has made known to the Supplier;
• are not hazardous and do not contain hazardous items or materials (including asbestos) unless this has been notified to and agreed with Catalyst;
• will be supplied within any time period agreed by the parties, or in the event no such period is agreed then within a reasonable time of the order being placed; and
• will comply with all applicable statutes, regulations, New Zealand and international standards, and with any policies of Catalyst. • In providing goods and services, the Supplier warrants that it will exercise the degree of skill, care and diligence of a competent and qualified professional. The Supplier also warrants that it shall:
• comply in full with the law including all resource consents, building consents etc, and with any Catalyst policies (including requirements relating to site inductions and site access and attendance) when supplying any goods or services;
• comply with the reasonable directions of Catalyst when supplying any goods or services;
• keep any confidential information supplied by Catalyst confidential, shall use such information only for the purpose it is provided, and shall return such information to Catalyst at Catalyst’s request; and Any intellectual property generated by the Supplier in providing services to Catalyst shall be the property of Catalyst.
Unless otherwise agreed in writing, the Supplier hereby indemnifies Catalyst against all costs, damages (whether direct or indirect), proceedings, losses or other expenses incurred by Catalyst as a result of any failure to comply with the warranties specified above.
The payment terms for the goods or services to be supplied by the Supplier are to be agreed by the Supplier and Catalyst prior to the supply. In the event that the payment terms are not agreed to prior to the supply, then the parties agree that payment is to be made by Catalyst to the Supplier by the twentieth (20th) day of the month following receipt by Catalyst of an appropriate invoice for the goods or services from the Supplier (such invoice complying in all respects with the requirements of the Goods and Services Tax Act 1985, where appropriate). Catalyst shall not be required to pay any part of an invoice that is genuinely and reasonably disputed, until such dispute is resolved. Furthermore, all invoices must reference the Catalyst issued Purchase Order number.
Ownership of goods
Unless specifically agreed in writing by the parties, ownership in any goods supplied to Catalyst passes to Catalyst when delivery of goods takes place to Catalyst’s premises or such other premises as nominated by Catalyst to the Supplier, with risk in the goods also passing to Catalyst at that time.
In the event that the goods or services provided by the Supplier fail to comply with any of the warranties above, then Catalyst may at its option and without limiting any of its other rights against the Supplier, either: • cancel this Agreement; or • return the goods to the Supplier; and the Supplier shall refund the purchase price of the goods or services and all reasonable costs of Catalyst incurred by the cancellation (including, in the case of return of goods, any costs of returning the goods).
Limitation of Catalyst’s Liability
Catalyst’s liability to the Supplier is limited to the price payable under the purchase order and Catalyst will have no liability to the Supplier for any loss of profits, income or opportunity, or for any indirect or consequential damage or loss.