Terms & Conditions
Welcome to the Murrumbidgee Irrigation Ltd ABN 39 084 943 037 website.
- Your access and use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these terms and elsewhere on the website (known collectively as the “Terms and Conditions”). Your use of some parts or features of the website may be governed by additional terms and conditions. Where this is the case those additional terms and conditions will apply to your use of such parts of the website or features in addition to these terms and conditions.
- Murrumbidgee Irrigation Ltd reserves the right to amend the Terms and Conditions at any time. You should visit this page periodically to review the Terms and Conditions.
- Your use and/or continued access to the website constitutes an agreement by you that you accept and agree to abide and be bound by the Terms and Conditions and any amendments. Should you object to any of the Terms and Conditions or any amendments your only recourse is to immediately discontinue your use of the website. If you violate any Terms and Conditions your right to use and access the website automatically terminates.
- You must not use the website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Murrumbidgee Irrigation Ltd, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the website that you do NOT do any of the following:
- disrupt or interfere with the website or any servers, software, hardware or equipment connected to or via the website;
- restrict or inhibit any other user from using or enjoying the website;
- distribute or transmit any material or content of any kind which contains a virus or other harmful component;
- violate any law relating to your use of the website.
- You indemnify Murrumbidgee Irrigation Ltd against any losses, liabilities, costs or other expenses incurred by Murrumbidgee Irrigation Ltd in connection with, or arising directly or indirectly as a result of, your use of or access to the website or any breach or violation of the Terms and Conditions.
- The website may contain hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under the control of Murrumbidgee Irrigation Ltd and Murrumbidgee Irrigation Ltd is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. Murrumbidgee Irrigation Ltd provides these links to you as a convenience only and the inclusion of any link does not imply an endorsement of the Linked site by Murrumbidgee Irrigation Ltd. You link to a Linked Site entirely at your own risk. Murrumbidgee Irrigation Ltd is not a party to any transaction between you and a Linked Site.
- The website may also contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by Murrumbidgee Irrigation Ltd of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law Murrumbidgee Irrigation Ltd accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
- To the extent permitted by law, Murrumbidgee Irrigation Ltd, its officers, employees, agents and advisers:
- provide the website and materials and content on the website “as is”, without warranties or representations of any kind;
- exclude and disclaim all warranties, guarantees and representations, whether express, implied or statutory, regarding the website and all material and content on the website, including but not limited to implied or statutory warrantiesand guarantees of merchantability and fitness for a particular purpose;
- are not responsible, or liable for, the accuracy, currency, reliability or completeness of any information appearing on this web site. The use of the information on the website is at your own risk;
- make no express, implied or statutory representation, warranty or guarantee that any estimate or forecast will be achieved or that any statement as to future matters contained in this web site will prove correct;
- expressly exclude and disclaim any and all liability for any loss or damage whatsoever (whether in contract, tort (including negligence), equity, under statute or otherwise) arising from the website or information contained in the web site including, without limitation, errors in, or omissions contained in the website or that information, any use of or inability to use the website or that information, and any person placing any reliance on the contents of the web site; and
- assume no duty of disclosure or fiduciary duty to any interested party.
- To the extent permitted by law, Murrumbidgee Irrigation Ltd limits its liability under any implied or statutory condition, warranty or guarantee that cannot be excluded to, at the option of Murrumbidgee Irrigation Ltd, the resupply of services or payment of the cost of the same, and the replacement or repair of goods or the payment of the cost of the same.
- Murrumbidgee Irrigation Ltd may terminate these Terms and Conditions and your access to the website and any materials or content at any time without notice. In the event of termination you must immediately cease accessing and using the website, content and/or materials and (at Murrumbidgee Irrigation Ltd’s option) return any hard copies of the material or contents to Murrumbidgee Irrigation Ltd or destroy any hard copies and any other electronic copies within your control or possession.
- The Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Terms & Conditions for Suppliers
MURRUMBIDGEE IRRIGATION LIMITED
Purchase Order Terms and Conditions ("Terms and Conditions")
1.1 These Terms and Conditions apply to the order for goods (“Goods”) or services (“Services”) placed by Murrumbidgee Irrigation Limited (“Company”) with the supplying party (“Supplier”) for delivery at the address (“Delivery Address”) as described in the purchase order to which these Terms and Conditions are attached or apply (“Purchase Order”).
1.2 The parties agree to be bound by the contract which comprises the following documents set out in the following descending order of precedence:
(a) these Terms and Conditions;
(b) the Purchase Order; and
(c) subject to clause 1.3, any other document that is incorporated by reference in the Purchase Order or as an attachment to these Terms and Conditions, ("Contract") which embody the entire agreement between the parties and supersede any previous negotiations, representations, warranties or statements.
1.3 Any terms and conditions attaching to the Supplier's response or quote (or any equivalent document) or delivery note do not amend or form part of this Contract and do not create a separate contract (even if any representative of the Company signs those terms and conditions or attaches the terms and conditions to these Terms and Conditions).
1.4 The Company's provision of the Purchase Order to the Supplier constitutes an offer by the Company to purchase the Goods and/or Services on the terms and conditions contained in the Contract ("Offer"). The Offer remains open for acceptance by the Supplier until the date for delivery identified in the Purchase Order ("Date for Delivery") and may be accepted in writing by notification from the Supplier to the Company or by delivery of the Goods and/or Services to the Delivery Address.
1.5 The Supplier must notify the Company immediately if it does not accept the terms and conditions of the Contract.
2. Supply of Goods and Services
2.1 The Supplier must supply to the Company the Goods and/or perform the Services in accordance with the Contract and all laws ("Supply").
2.2 The Supplier must not represent itself as being an employee or agent of the Company or as otherwise able to bind or represent the Company.
3. Price and Payment
3.1 The Company agrees to pay to the Supplier the price specified in the Purchase Order ("Price") in consideration for the Supply.
3.2 The Price is inclusive of all costs incurred by the Supplier in the Supply, 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.
3.3 Any adjustment to the Price is to be agreed to by the Company prior to delivery of the Goods and/or Services.
3.4 Unless otherwise agreed, the Supplier must provide an invoice to the Company upon delivery and acceptance of the Goods or completion of the Services ("Invoice").
3.5 Subject to any other arrangement in writing, the Company agrees to pay the Supplier within 30 days of the end of the month in which the Company receives and accepts an invoice.
3.6 The Company may reduce any payment due to the Supplier under this Contract by any amount for which the Supplier is liable to the Company under this Contract or otherwise at law. Nothing in this clause
operates to limit or reduce the Company's right to recover those amounts in other ways.
4.1 Terms used in this clause have the same meanings given to them in the GST Act.
4.2 Unless otherwise expressly stated, the Prices and all other sums payable under or in accordance with this Contract are inclusive of GST.
5.1 The Supplier must deliver the Goods to the Delivery Address by the Date for Delivery and in the manner indicated on the Purchase Order and this Contract.
5.2 The Supplier must ensure that:
(a) the Goods are suitably packed to avoid damage in transit or storage; and
(b) packages containing the Goods are marked with the Purchase Order number, item number, destination, contents, quantity, date and method of dispatch and weight of each package.
5.3 The Company accepts no responsibility for delivery of the Goods but may elect to arrange delivery at its discretion without any liability and at the Supplier’s sole risk and cost.
5.4 The Company may inspect the Goods at any time before accepting the Goods.
6. Title and Risk
6.1 Title in the Goods passes to the Company upon the earlier of payment of the Price or delivery of the Goods to the Delivery Address.
6.2 Risk in the Goods passes to the Company when the Goods are delivered to the Delivery Address and accepted in writing by the Company.
7. Sub-contracting and Assignment
7.1 The Supplier may not sub-contract or assign any obligations under this Contract without the prior written consent of the Company.
7.2 Where the Supplier engages a sub-contractor under this Contract, then the Supplier must ensure that the sub-contractor completes a subcontractor statement declaring that they have met their insurance premium payments, payroll tax payments, and remuneration obligations.
8.1 The Supplier warrants that:
(a) the Goods and/or Services match the description referred to in the Purchase Order;
(b) if the Supplier gave the Company a sample of the Goods or a demonstration of the Services, the Goods and/or Services are of the same nature and quality as the sample or demonstration;
(c) the Goods and/or Services are fit for the purpose for which goods and/or services of the same kind are commonly supplied or bought and for any other purpose the Company specifies;
(d) the Goods are of merchantable quality, free from defects, and unless otherwise specified in the Purchase Order, new; and
(e) all Services provided by the Supplier will be undertaken by persons who are appropriately licensed, qualified and/or trained to provide those Services.
8.2 If there is a defect in the Supply the Company may in its sole discretion and at the Supplier's sole risk and expense:
(a) by notice require the Supplier to immediately remedy the defect, replace the Goods and/or reperform the Services, or complete the Goods or Services at no additional cost to the Company; or
(b) return any Goods to the Supplier.
8.3 Where the Supplier fails to comply with a direction given under clause 8.2(a), the Company may perform or have others perform the necessary remedial work at the Supplier's risk and cost, and any costs or expenses incurred by the Company will be recoverable from the Supplier as a debt due and payable.
8.4 Where any Goods are returned to the Supplier under clause 8.2(b), the Price will be reduced by the amount provided in the Purchase Order for the Goods containing the defect.
9. Indemnity and Insurance
9.1 The Supplier indemnifies the Company against all actions, claims, liabilities, expenses, losses, damages and costs (including but not limited to legal costs) and consequential and indirect losses and damages including those arising out of any third party claim the Company directly or indirectly suffers or incurs arising out of or in connections with the Supply or the Company's use of the Goods and/or Services ("Claim").
9.2 The Supplier’s liability to indemnify the Company will be reduced proportionately to the extent that any negligent or unlawful act or omission by the Company contributed to the relevant Claim.
9.3 The Supplier’s liability to indemnify the Company does not exclude or reduce the liability of, or benefit to, a party that may arise by operation of the common law, statute or the other terms of this Contract.
9.4 The Supplier must effect and maintain, and where requested by the Company provide evidence of the currency of, appropriate insurances including, as applicable, comprehensive public and products liability insurance, professional indemnity insurance, workers compensation insurance, motor vehicle insurance and any other insurances required by law, for so long as its obligations remain in connection with this Contract.
10. Intellectual Property
10.1 Intellectual property rights in material brought into existence as part of, or for the purposes of, the Supply vests in the Supplier unless otherwise directed by the Company.
10.2 The Supplier grants to the Company a perpetual, non-exclusive, royalty free licence to use, adapt, modify, communicate to the public, broadcast and copy any other material provided to the Company under the Contract.
10.3 To the extent permitted by law and for the Company's benefit, the Supplier consents to ensure that each author of material consents in writing to the Company using and exercising its rights in the material in a manner that, but for the consent, would otherwise infringe the moral rights of those individuals.
10.4 The Supplier warrants that it has all rights, title, licences, interests and property necessary to provide the Goods and/or perform the Services, and where applicable, it is entitled to use and licence, free from encumbrances, any intellectual property rights used or transferred to the Company under this Contract and the Company’s use of any intellectual property will not infringe the rights of any owner of the intellectual property.
11.1 The Supplier must treat all information, data and materials provided by the Company as confidential ("Confidential Information") and must not disclose Confidential Information to any third party without the Company's prior written consent or use Confidential Information for any purpose other than for provision of the Supply. 11.2 Upon termination or expiry of the Contract and/or upon the Company's request, the supplier must return or, at the Company's option, destroy all Confidential Information and provide evidence of such destruction.
12.1 The Company may vary the Supply at any time.
12.2 Any variation to the Supply must be approved in writing by the Company prior to delivery.
12.3 If the Company has varied the Supply and any variation causes an increase or decrease in the cost of the Goods and/or Services, or time required to deliver the Goods and/or Services, an appropriate adjustment to the Price is to be made and agreed to between the Company and the Supplier.
13.1 The Company may at any time before delivery cancel the Supply by giving notice in writing to the Supplier.
13.2 Upon receipt of a notice under clause 13.1 the Supplier must immediately cease performance of the Supply and take appropriate action to mitigate any loss or prevent further costs from being incurred with respect to the Supply.
13.3 Subject to the Supplier's compliance with clause 13.2, if the Supplier has incurred expense in preparing to undertake the Supply prior to cancellation, the Company agrees to pay the Supplier’s reasonable costs or expenses so incurred.
13.4 The Company may terminate this Contract or withhold any amounts due by written notice to the Supplier if:
(a) the Supplier breaches the terms and conditions of the Contract and fails to remedy the breach within 14 days after receiving notice from the Company requiring to do so; or
(b) the Supplier is or becomes insolvent or unable to meet its debts, or is made bankrupt or has a receiver appointed, is wound up, under voluntary administration or such similar proceedings.
14. Other Matters
14.1 This Contract is to be construed in accordance with the laws of New South Wales.
14.2 The Supplier must comply with applicable laws in supplying the Supply to the Company.
14.3 The Company's rights, remedies and powers under this Contract are in addition to any rights, remedies and powers provided by law.