In this agreement:
Business Day means a day that is not a Saturday, Sunday, or public holiday in the State of South Australia.
Confidential Information means any documentation or information of a confidential nature supplied by either of the parties to the other in connection with this agreement and includes all scientific, technical, manufacturing, performance, sales, financial, commercial, contractual or marketing information possessed by each party, but specifically excludes any documentation or information which has been previously published or otherwise disclosed to the general public or is required to be disclosed by Law.
Existing Conditions means the conditions as described in clause 8, a summary and updates of which is detailed on the Government of South Australia website: https://www.legislation.sa.gov.au/legislation
Force Majeure Event means an unforeseeable and unknown event occurring after the date of this agreement beyond the reasonable control of the parties which precludes a party from performing on time an obligation under this agreement. Such circumstances include:
- acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, and any natural disaster; and
- acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
- a pandemic is declared by a Governmental Agency and measures are implemented by the Government Agency to address the pandemic; and/or
- a suspension or termination of services or works is necessitated by legislative requirement or is ordered by a Governmental Agency;
but does not include any event or circumstance which the Provider ought to have reasonably foreseen from or as a result of the Existing Conditions.
Governmental Agency means any government or any government, semi-governmental, administrative, fiscal, or judicial body, department, commission, authority, tribunal, agency, or entity including any self-regulatory organisation established under statute or any stock exchange.
Intellectual Property means all rights conferred by statute, common law, or equity in relation to patents, inventions, registered and unregistered designs, registered and unregistered trademarks, trade names, logos and get up, confidential information, copyright and moral rights and all other rights resulting from intellectual activity in the industrial, scientific, literary, or artistic fields.
Product means the goods, works, or services the subject of the Purchase Order.
Provider means the contractor, consultant or supplier engaged by the Council to supply and deliver goods, undertake works or provide services as specified in the Purchase Order.
Purchase Order means the purchase order issued by the Council that these Terms and Conditions are attached to.
Terms and Conditions mean these Terms and Conditions.
Variation means any change in the Product specified in the Purchase Order, including:
- any increase of, decrease in, or omission from such Product;
- any changes in the character, specifications, quality, scope, origin and/or the materials for any such Product; or
- any additional supply of such Product.
Warranty Period means the warrant period specified in the Purchase Order.
Expressions used in the Purchase Order have the same meaning in these Terms and Conditions.