Manukau Institute of Technology and Unitec, Trading as Unitec (Buyer) is a Crown entity. Our purchase order terms are the standard Government Model Contract terms (subject to the amendments noted below):

  • To the extent that this Contract relates to the supply of Goods, refer to the Standard Terms and Conditions Schedule 2 – Standard Terms and Conditions – Services – Form 1 (3rd Edition Version 3.2); and
  • To the extent that this Contract relates to the supply of Services, refer to the Standard Terms and Conditions. Schedule 2 – Standard Terms and Conditions – Services – Form 1 (3rd Edition Version 3.2)

All Government Model Contract templates are available at: www.procurement.govt.nz.

How to read these Purchase Order Terms

  • The Standard Terms and Conditions, together with the terms set out in this document, form the Buyer’s Purchase Order Terms.
  • Any Supplier terms and conditions do not apply, unless expressly agreed by the Buyer in writing.
  • In these Purchase Order Terms, “Contract” refers to the contract, agreement or purchase order issued to the Supplier (whichever is applicable).

Invoices

  • The Supplier must have a valid purchase order number provided by the Buyer in respect of the goods and/or Services, and the Supplier’s invoice must include that purchase order number. The Buyer will not make any payment to the Supplier without a purchase order number.
  • Invoices must be addressed to:
    • Manukau Institute of Technology & Unitec, trading as Unitec, Private Bag 92025, Victoria Street
      West, Auckland 1142, New Zealand,
      Attention: Unitec Accounts Payable, email: accountspayable@unitec.ac.nz

Standard Terms and Conditions

Where Manukau Institute of Technology & Unitec, Trading as Unitec is the Buyer, the Standard Terms and Conditions are amended as follows:

Length of Contract

If the parties fail to formally renew this Contract but this Contract continues to be performed by the Parties after the End Date, this Agreement is deemed to be renewed on a month-to-month basis on the same terms and conditions and either Party may terminate this Contract on twenty (20) Business Days’ notice.

However, if the Buyer gives an Extension Notice, the Contract will be renewed for the Additional Period on the same terms, unless the Parties agree otherwise in a Variation.

Supplier Integrity

The Supplier must abide by the GOODS Schedule 2 clause 2.6 and SERVICES Schedule 2 clause 2.3.

Without limiting any of the Supplier’s obligations under this Contract, the Supplier Code of Conduct and/or any applicable laws or regulations, the Supplier expressly agrees not to engage in the following unacceptable behaviours:

  • offer kickbacks, gifts or facilitation fees to the Buyer or any of the Buyer’s Personnel;
  • take kickbacks, gifts or facilitation fees from the Buyer or any of the Buyer’s Personnel;
  • offer to any of the Buyer’s Personnel a position as an employee, officer, consultant, agent or representative or any directorship or shareholding to any employee, contractor, in the Supplier’s company or organisation;
  • tolerate, permit, or engage in any corrupt behaviour;
  • engage in any activity which could serve the purpose of money – laundering.

Supply of Goods – Supplier’s obligations

Payment

The Supplier may send the Buyer an invoice for the Charges after the supply of Goods and/or Services is completed. Partial or progress payments will be made only if such terms are agreed and documented in the Contract. In that event, the following terms shall apply:

  • The Supplier must store the Goods in a manner and in a place that enables the Buyer to easily identify the Goods. The Buyer or its representative may inspect or take delivery of the Goods at
    any time during business hours and on reasonable notice.
  • The Goods will be at the Supplier’s risk, and the Supplier accepts all risk of loss and damage to the Goods (irrespective of whether or not such damage is caused by the Supplier).
  • The Supplier will not part with the possession of the Goods and will not deal with the Goods in any way that may be prejudicial to the Buyer.
  • These terms create a security interest (as defined under the Personal Property Securities Act 1999) in favour of the Buyer in the Goods and their proceeds.

Valid tax invoices received by the Buyer from the Supplier will be paid by the Buyer on the 20th day of the following month from the invoice date.

Transfer of rights or obligations

The Supplier must not transfer any of its rights or obligations under this Contract without the Buyer’s prior written approval. The Buyer will not unreasonably withhold its approval.

Non-exclusivity

Nothing in this Contract shall be read as creating an exclusive arrangement between the Supplier and the Buyer in respect of the supply of the Goods and/or Services.

Severability

The illegality, invalidity or unenforceability at any time of any provision of this Contract under any law, will not affect the legality, validity or enforceability of the remaining provisions of this Contract nor the legality, validity or enforceability of that provision under any other law.

Confidentiality

Confidential Information includes all technical specifications, drawings, designs, concepts or other property provided by the Buyer to the Supplier or created for and paid for by the Buyer as part of this Contract.