terms and conditions

• Harte means Harte Civil Engineering Limited.
• Supplier means the supplier, or its agent named overleaf.
• Purchase Order means the purchase order placed by Harte for the supply of the goods or services of a brief description of which appears overleaf.
• Goods means the goods or services specified in the Purchase Order.
• Agreement means any contract for the purchase of the Goods by Harte from the Supplier and shall include the Purchase Order and these T&C of Purchase.

GENERAL

• These T&C of Purchase shall apply to every Agreement entered into by Harte. If there is any inconsistency between these T&C of Purchase and any conditions which the Supplier seeks to impose, these conditions will prevail.
• This Purchase Order may only be amended by the issue of an official amendment purchase order from the UK Office in Motherwell, Scotland.
• Where applicable, all Goods must be supplied in accordance with the relevant contract specification for the Goods.
• All Goods must be supplied with relevant and current certification to comply with legislation and regulations.
• All Vendors shall if requested agree to any request to participate in the Harte E-commerce project and supply documents in an acceptable electronic format such as xml or csv.

DELIVERY OF GOODS

• The Goods shall be delivered by the Supplier at the time and delivery point specified in the Purchase Order or as Harte directs.
• The rates included on the Purchase Order allow for carriage to site where necessary, unless specifically noted on this Purchase Order.
• The Supplier shall be responsible for all expenses incurred in delivering any incorrectly delivered Goods to the correct delivery point and/ or in returning any such incorrectly delivered Goods or amounts in excess of the quantity specified on the Purchase Order.
• The Supplier shall be responsible for insuring the Goods against any loss or damage incurred in transport howsoever caused.
• All delivery notes and invoices must include the Purchase Order number relevant to the Goods being supplied.
• All delivery notes must be signed by a designated Harte signatory.
• Delivery notes must show exactly the same level of detail as noted on the Purchase Order. For the avoidance of doubt shipment notes/despatch notes signed to acknowledge delivery of shipment are not deemed to be an acceptance of the quantity or contents of the package.

INSPECTION AND TESTING

• Before dispatching the Goods, the Supplier shall carefully inspect and test them for compliance with the Agreement and all relevant statutory and regulatory requirements.
• If, in the reasonable opinion of Harte, there should be a requirement to undertake further inspections and / or tests in excess of those described in clause 4.1 above, then Harte shall inform the Supplier of this fact and the reasons for it and the Supplier shall be responsible for all the reasonable costs incurred in carrying out the extra inspections and tests.

ENTRY TO SITE

• Suppliers shall issue information to site by email, fax, or telephone at least 24 hours prior to each delivery:
  • Vehicle Registration Number
  • Driver Details
  • Approximate Time of Delivery
• Failure to complete the above request may result in non-entry or delays to unloading which Harte (and its subsidiary companies) cannot be held responsible.
• All visitors (including delivery drivers) attending projects must provide their own Personal Protective Equipment and be aware of the site safety rules and regulations. No responsibility will be accepted by Harte for the visitor’s failure to do so.

PASSING OF TITLE AND RISK

Title to and risk in the Goods shall pass to Harte on delivery.

TERMINATION/REJECTION

• If the Supplier defaults in any of its obligations under the Agreement, becomes insolvent, or if a receiver or administrator or similar officer is appointed over any of its property, or if an order is made or resolution passed for winding up the Supplier or if proceedings are instituted against it in bankruptcy, Harte shall be entitled at its discretion, without prejudice to any other remedy, to immediately suspend the performance of or terminate the Agreement and in the event of termination to keep or take possession of any Goods or of any items belonging to Harte and to enter any premises of the Supplier for that purpose.
• If Harte incurs any costs directly as a result of 7.1 then these costs shall be offset from any balance due to the Supplier.
• If any Goods do not conform to the Agreement on any grounds at all including, without limitation, by reason of quality or being unfit for the purpose for which they are required Harte shall be entitled at its discretion, without prejudice to any other remedy, to exercise any one or more of the following rights:
  • Reject the Goods in whole or part.
  • Permit the Supplier at the Supplier’s expense to replace, repair or reinstate the Goods so that they conform to the Agreement.
  • Carry out or have carried out at the Supplier’s expense such work as necessary to enable the Goods to conform to the Agreement.
• If Harte rejects any Goods, the Supplier shall return all payments already made for the rejected Goods. No compensation shall be payable to the Supplier on termination or rejection.
• No failure or delay on the part of Harte to exercise any of its rights in respect of any default under the Agreement by the Supplier shall prejudice its rights in connection with the same or any subsequent default.

PRICE/PAYMENT

• The total price payable for the Goods is as stated overleaf. The price of the Goods shall remain fixed for the duration of the works unless otherwise noted in this Purchase Order, subject to the following clauses:
• Should prices in the Purchase Order differ in any way from agreed quoted prices due to administrative errors then the prices will revert to the original rates noted and agreed in good faith subject to the following clauses:
• The agreed prices must be of an acceptable market price level.
• Any prices for Goods of similar specification or similar size reflect the original quoted rates again subject to acceptable market price level and also subject to reasonable increase or decrease to reflect changes in specification or size.
• No increase in the price payable for the Goods shall be made without the prior written consent of Harte.
• Any request by the Supplier to alter the price payable for the Goods must be advised in writing to Harte 6 weeks in advance of the proposed effective date.
• Failure to comply with the pricing and delivery requirements (stated above) will lead to invoice processing difficulties and we reserve the right to return the invoice for amendment and re-issue.
• Payment of approved invoices will be made 60 days after the month of invoice unless agreed in writing by Harte and countersigned by a Director of Harte.
• Any assignment of debts to a factoring agent does not remove the contractual relationship between Harte and the Supplier and any dispute resolution will be conducted directly with the Supplier.
• Agency placement fees will only be paid once a satisfactory placement period of three months has elapsed from the start date. We reserve the right to claim repayment of any fees paid should the placement choose to leave the company of their own accord within twelve months of the start date. Any such refund would be pro-rata to the time elapsed from start to finish date.
• Harte reserves the right to set off debts due to other companies within the Harte group of companies.