East Devon District Council

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Guide Standard conditions of contract

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2. Definitions

  1. ‘the Contract’ shall mean either:
    1. the agreement made by the acceptance by the Supplier of any order placed or Letter of Intent issued to the Supplier by the Buyer, otherwise than in pursuance of a tender or quotation received and accepted in whole or in part by the Buyer, or
    2. the agreement made by the acceptance by the Buyer in whole or part of a tender or quotation, inclusive of any Contract Documents, submitted by the Supplier to the Buyer where such part of that tender or quotation is confirmed as accepted by way of the Buyer’s Acceptance, and these Conditions and the Contract Documents shall be construed together as one instrument.

    ‘Contract Documents’ shall mean the Buyer’s tender document or form of quotation or similar, all duly priced and submitted by the Supplier to the Buyer, incorporating and priced in accordance with any special conditions, preliminaries, specification, contract drawings and/or schedule of items to be supplied in relation to the Service together with the Buyer’s Acceptance.

    ‘the Buyer’ shall mean East Devon District Council. The Buyer may by notice in writing to the Supplier appoint a representative to receive or administer receipt of the Service or any part of it on the Buyer’s behalf, in which case reference in these Conditions to the Buyer shall be deemed to include reference to that appointed representative.

    ‘the Supplier’ shall mean the person, consultant, firm or company employed to carry out the Service for the Buyer being either:

    1. the person, consultant, firm or company having accepted an order or request from the Buyer either by Buyer’s Acceptance or otherwise than in the pursuance of a tender, or
    2. the person, consultant, firm or company whose tender or part of whose tender has been accepted, or in either case the expression shall where the context so admits include, as the case may be, the personal representatives or permitted assigns of that person, the successors of the partners for the time being in the firm and their permitted assigns, and the permitted assigns of the company.

    ‘the Parties to the Contract’ shall mean the Buyer of the first part and the Supplier of the second part.

    ‘the Service’ shall mean the supply of any services, goods or works (including all commodities and intellectual property), by the Supplier to the Buyer, or the carrying out of works (including all operations or installations) or the carrying out of surveys and the like and/or the supply of reports and other information and the like by the Supplier for the Buyer in accordance with the terms of the Contract.

    ‘the Facility’ shall mean the property or building or facility or land owned or leased by the Buyer to which the goods comprised in the Service are to be delivered, or where the services or works comprised in the Service are to be carried out.

    ‘the Contract Price’ shall mean the price given to the Buyer by the Supplier either by way of a tender or formal quotation or similar, or agreed by separate negotiation between the parties to the contract.

    ‘the Buyer’s Acceptance’ shall mean either:

    1. a Letter of Intent, namely the letter written by the Buyer to the Supplier; or
    2. a Buyer’s official order namely the formal order form written by the Buyer and given to the Supplier; as appropriate to the case, and in either case detailing the agreements made within the Contract and triggering the Buyer’s commitment to the Contract with the Supplier for the Service.
  2. Any reference to an Act or Statutory Instrument shall include reference to any amendment or re-enactment thereof.