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AS/NZS 4911:2003
[Current]General conditions of contract for the supply of equipment without installation
Sets out General Conditions of Contract for the supply of equipment which is purpose-built or manufactured, including equipment such as building elements. Where equipment is being supplied for use at different times or stages, separable portions may be appropriate. If installation is required, AS 4910-2002 for supply of equipment with installation, should be used.
Published: 22/08/2003
Pages: 48
Table of contents
Cited references
Content history
Table of contents
Header
About this publication
Preface
1 Interpretation and construction of Contract
2 Nature of Contract
2.1 Performance and payment
2.2 Adjustment for actual quantities
3 Security
3.1 Provision
3.2 Recourse
3.3 Change of security
3.4 Reduction and release
3.5 Trusts and interest
3.6 Deed of guarantee, undertaking and substitution
4 Evidence of Contract
5 Service of notices
6 Contract documents
6.1 Discrepancies
6.2 Purchaser-supplied documents
6.3 Supplier-supplied documents
6.4 Availability
6.5 Confidential information
∗6.6 Media
7 Assignment and subcontracting
7.1 Assignment
7.2 Subcontracting
8 Intellectual property rights
8.1 Warranties
8.2 Ownership and licence
9 Designated items
9.1 Warranties
9.2 Supplier’s obligations
10 Legislative requirements
10.1 Compliance
10.2 Changes
11 Quality assurance
12 Supplier's indemnity
13 Insurance
13.1 Insurance of Equipment
13.2 Public and product liability insurance
13.3 Insurance of employees
13.4 Proof of Insurance
13.5 Notices from or to insurer
13.6 Notices of potential claims
13.7 Cross liability
14 Directions
15 Programming
16 Suspension
16.1 Purchaser’s suspension
16.2 Supplier’s suspension
16.3 Recommencement
16.4 Cost
17 Time
17.1 Notice of delay
17.2 Claim
17.3 Assessment
17.4 Extension of time
17.5 Liquidated damages
17.6 Delay damages
18 Testing
18.1 Acceptance testing
18.2 Who conducts
18.3 Notice
18.4 Delay
18.5 Completion and results
18.6 Costs
18.7 Further testing
19 Delivery
19.1 Mode of and date and place for delivery
19.2 Separable portions
20 Risk in and ownership of the Equipment
20.1 Risk in the Equipment
20.2 Ownership of Equipment
21 Acceptance or rejection of Equipment
21.1 Notification
21.2 Details of notification
21.3 Supplier to notify action
21.4 Purchaser’s decision on Supplier’s proposal
21.5 Consequences of acceptance of proposal
21.6 Compliance by Supplier
21.7 Rejection of Supplier’s proposal
21.8 Purchaser’s right to use Equipment
22 Defects liability
23 Variations
23.1 Directing variations
23.2 Proposed variations
23.3 Variations for the convenience of the Supplier
23.4 Pricing
24 Payment
24.1 Invoices and time for payment
24.2 Payment for Equipment not yet delivered
24.3 Effect of payment
24.4 Final payment claim and final certificate
24.5 Interest
24.6 Other moneys due
25 Default or insolvency
25.1 Preservation of other rights
25.2 Supplier’s default
25.3 Purchaser’s notice to show cause
25.4 Purchaser’s rights
25.5 Purchaser’s default
25.6 Supplier’s notice to show cause
25.7 Supplier’s rights
25.8 Termination
25.9 Insolvency
26 Termination by frustration
27 Notification of claims
27.1 Communication of claims
27.2 Liability for failure to communicate
27.3 Unresolved claims
28 Dispute resolution
28.1 Notice of dispute
28.2 Conference
28.3 Arbitration
28.4 Summary relief
∗29 General limitation of liability
29.1 Limitation of liability
29.2 Exclusion of limitation of liability
30 Waiver of conditions
Part A
Part B
Part C
Amendment control sheet
AS/NZS 4911:2003
Amendment No. 1 (2005)
Revised text
Index
Cited references in this standard