1.1 In consideration of payment of the Price by SEEK, the Contractor must supply to SEEK the Goods and/or perform the Services in accordance with the Purchase Order (which includes these Purchase Order Terms and Conditions).
1.2 To the extent the Contractor's terms and conditions are supplied with the Goods or Services (including as printed on consignment notes or other documents), those terms and conditions will be of no legal effect and will not constitute part of this Purchase Order (even if any of representative of SEEK signs those terms and conditions or annexes the terms and conditions to this Purchase Order).
1.4 The Contractor must, in supplying the Goods or performing the Services:
in respect of any thing used, produced or created in connection with the performance of the Contractor's obligations under this Contract.
2.1 The Contractor must deliver the Goods to the Registered Address by the Delivery Date.
2.2 The Contractor must ensure that the Goods are suitably packed to avoid damage in transit or in storage.
2.3 The Contractor must ensure that packages are marked with the Purchase Order number, item number, destination, contents, quantity, date and method of dispatch and weight of each package.
The Contractor must perform the Services by the date specified in the Purchase Order.
4.1 Title in the Goods passes to SEEK upon payment of the Price.
4.2 Risk in the Goods passes to SEEK when the Goods are delivered to the Registered Address.
5.1 SEEK must pay the Contractor the Price for the Goods and/or Services.
5.2 The Price is inclusive of all costs incurred by the Contractor in the supply of the Goods and/or performance of the Services including all charges for packing, insurance and delivery of the goods and the cost of any items used or supplied in the performance of the Services.
5.3 The Price is inclusive of all taxes and duties, except GST.
6.1 If GST is imposed on any supply made by the Contractor under or in connection with this Purchase Order, the Contractor may recover from SEEK, in addition to the Price, an amount equal to the GST payable in respect of that Supply.
6.2 The Contractor must first provide SEEK with a valid tax invoice before SEEK will pay the GST amount to the Contractor.
7.1 Upon delivery of the Goods and/or completion of the Services, the Contractor must provide to SEEK a valid tax invoice, which must include the information set out in clause 7.2.
7.2 An invoice must include the following details:
7.3 If SEEK requests, the Contractor must provide SEEK with all relevant records to calculate and verify the amount set out in any Invoice. SEEK is not required to approve an invoice if the Contractor has not complied with this request.
7.4 SEEK is not obliged to approve an invoice submitted in accordance with clause 7.2(b), and may withhold approval and/or money due to the Contractor under this Contract if the Goods or Services (or any part of them) are Defective.
7.5 Subject to clause 7.4, SEEK will pay all invoices that comply with clause 7.2 within 30 days of their generation or receipt (as the case may be), except where SEEK disputes the invoice, in which case:
7.6 SEEK may reduce any payment due to the Contractor under this Contract by any amount which the Contractor must pay SEEK, including costs, charges, damages and expenses and any debts owed by the Contractor to SEEK on any account whatsoever. This does not limit SEEK's right to recover those amounts in other ways.
8.1 The Goods and/or Services must match the description referred to in the Purchase Order.
8.2 If the Contractor gave SEEK a sample of the Goods or a demonstration of the Services, the Goods and/or Services must be of the same nature and quality as the sample or demonstration given.
8.3 The Goods and/or Services must be fit for the purpose for which goods and/or services of the same kind are commonly supplied or bought and for any other purpose SEEK specifies.
8.4 The Goods must be of merchantable quality and, unless otherwise specified in the Purchase Order, must be new.
9.1 If, during the Warranty Period, any of the Goods or Services are found to be Defective, SEEK may:
9.2 The Contractor must:
at the Contractor's cost, if requested to do so by SEEK.
Contractor means the party identified as such in the Purchase Order.
Contractor Reference Document means a delivery document, dispatch note, time sheet, claim form or such other document which evidences the delivery of Goods or performance of Services.
Defective means Goods and/or Services (or any aspect of them) which are not in accordance with the Purchase Order or which are damaged, deficient, faulty, inadequate or incomplete.
Registered Address Delivery Date means the delivery date specified on the Purchase Order.
Goods means the goods, if any, described on the Purchase Order.
GST has the meaning given to that term under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Purchase Order means the purchase order for Goods and/or Services issued by SEEK to the Contractor from time to time containing, amongst other things, a description of the Goods and/or Services.
Price means the price set out in the Purchase Order which is exclusive of GST, but is inclusive of all other costs and charges.
Registered Address means the place for delivery of the Goods or performance of the Services as specified on the Purchase Order.
SEEK means the Seek Limited or the relevant Seek group entity named in the Purchaser Order.
Services means the services, if any, described on the Purchase Order.
Warranty Period means the period of 24 months commencing on the date of delivery of the Goods and/or 12 months from the date on which the Service is performed.