SEEK - Purchase Order Terms

Purchase Order Terms and Conditions
1. Supply of goods and/or services
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:
  • not interfere with SEEK's activities or the activities of any other person at the Registered Address;
  • be aware of and comply with and ensure that the Contractor's employees, agents and contractors (collectively, 'the Company Personnel') are aware of and comply with:
    1. all applicable Laws;
    2. all policies of SEEK but only to the extent that are relevant to the supply of the Goods or the performance of the Services;
    3. all lawful directions and orders given by SEEK's representative;
  • ensure that the Company Personnel entering SEEK's premises act in a safe manner, and are suitably qualified for, and skilled in, the performance of their tasks; a
  • ensure that the Company Personnel are of such character as not to prejudice:
    1. SEEK's working practices;
    2. safety and care of property;
    3. continuity of work; and
    4. a safe working environment
  • provide all such information and assistance as SEEK reasonably requires;
  • on request by SEEK, provide to SEEK and its employees, agents and consultants any information and assistance required to identify, evaluate, implement and report on any matter required by Law, including:
    1. producing written reports;
    2. recommending efficiency opportunities;
    3. collecting data; and
    4. monitoring or metering,
      in respect of any thing used, produced or created in connection with the performance of the Contractor's obligations under this Contract.
2. Delivery
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.
3. Time for performance
The Contractor must perform the Services by the date specified in the Purchase Order.
4. Title and risk
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. Price
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. 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. Invoicing
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:
  • a reference to this Purchase Order and the relevant Contract (if any) including the line item numbers on the Purchase Order and the Contract number;
  • a detailed description of the delivered Goods or performed Services, including the date of delivery and/or period of Services in respect of which the invoice relates and the relevant quantity;
  • an individual reference number for SEEK to quote with remittance of payment;
  • the Price relating to the Goods and/or Services, broken down to reflect the same Price components on the Purchase Order;
  • the amount of any applicable GST;
  • Company contact details; and
  • Company contact name.
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:
  • (a) SEEK may withhold payment pending resolution of the dispute; and
  • (b) if the resolution of the dispute determines that SEEK must pay an amount to the Contractor, SEEK must pay that amount upon resolution of that dispute.
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. Quality
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. Warranty Period
9.1 If, during the Warranty Period, any of the Goods or Services are found to be Defective, SEEK may:
  • return the Defective Goods to the Contractor;
  • reject the Defective Services;
  • repair or make good the Defective Goods; or
  • re-perform or make good the Defective Services.
9.2 The Contractor must:
  • repair or replace the Defective Goods;
  • re-perform or make good the Defective Services; or
  • reimburse SEEK for any expenses incurred in repairing, reperforming or making good (as the case may be) any Defective Goods or Services, at the Contractor's cost, if requested to do so by SEEK.