AS/NZS 4911:1998
General conditions of contract for the supply of equipment without installation
Proposes a single set of conditions of contract suitable for the supply only of equipment, including building elements, which is purpose-built or manufactured. It will form part of the suite of contracts based on AS 4000-1997, General conditions of contract. For procurement where installation is required, AS 2987-1987 should be used.
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AS/NZS 4911:1998 GENERAL CONDITIONS OF CONTRACT FOR THE SUPPLY OF EQUIPMENT WITHOUT INSTALLATION
Preface
Contents
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
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 liability insurance
13.3 Insurance of employees
13.4 Cross liability
13.5 Proof of Insurance
13.6 Notices from or to the insurer
13.7 Notices of potential claims
14 Directions
15 Programming
16 Suspension
16.1 Purchaser’s suspension
16.2 Supplier’s suspension
16.3 Recommencement
16.4 Cost
17 EOT
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 delivered
24.3 Effect of payment
24.4 Final payment claim and final payment 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 Purchaser’s decision
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 - ANNEXURE to the Joint Australian/New Zealand Standard General conditions of contract for the supply of equipment wit
Separable portions
Part B - ANNEXURE to the Joint Australian/New Zealand Standard General conditions of contract for the supply of equipment wit
Deletions, amendments and additions
Part C - ANNEXURE to the Joint Australian/New Zealand Standard General conditions of contract for the supply of equipment wit
Approved form of unconditional undertaking
Form of formal instrument of agreement
Index
AMENDMENT CONTROL SHEET
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AS/NZS 4911:1998 GENERAL CONDITIONS OF CONTRACT FOR THE SUPPLY OF EQUIPMENT WITHOUT INSTALLATION
Preface
Contents
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
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 liability insurance
13.3 Insurance of employees
13.4 Cross liability
13.5 Proof of Insurance
13.6 Notices from or to the insurer
13.7 Notices of potential claims
14 Directions
15 Programming
16 Suspension
16.1 Purchaser’s suspension
16.2 Supplier’s suspension
16.3 Recommencement
16.4 Cost
17 EOT
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 delivered
24.3 Effect of payment
24.4 Final payment claim and final payment 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 Purchaser’s decision
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 - ANNEXURE to the Joint Australian/New Zealand Standard General conditions of contract for the supply of equipment wit
Separable portions
Part B - ANNEXURE to the Joint Australian/New Zealand Standard General conditions of contract for the supply of equipment wit
Deletions, amendments and additions
Part C - ANNEXURE to the Joint Australian/New Zealand Standard General conditions of contract for the supply of equipment wit
Approved form of unconditional undertaking
Form of formal instrument of agreement
Index
AMENDMENT CONTROL SHEET
AS/NZS 4911:1998
Online Library subscription information
Online library subscriptions provide a cost-effective solution for organisations of any size to access the latest standards, offering 24/7 access to a personalised catalogue. The service ensures subscribers have have the most up-to-date version of selected standards, incluing automatic updates for any amendments or versions. Pricing is dependent on the chosen standards and the number of concurrent users, with discounts applied from the standards PDF price. For customised subscriptions or further inquiries, contact the Online Library team.