Terms and Conditions of Contract

The University’s Procurement Division has, in collaboration with Legal Services within the University and other Institutions in the HE Sector, developed a range of standard documentation for use in the procurement of goods and services for the University.

Included in the suite of documentation are a series of standard/model Terms and Conditions of Contract for the procurement of goods and services. 

The standard/model Terms and Conditions are used by the Procurement Division in sourcing activities (Requests for Quotation (“RfQs”); Requests for Proposals (“RfPs”) and Invitation to Tender processes (“ITTs”) undertaken for the procurement of goods and services where the value exceeds the amount at which the University’s Financial Regulations require that an express contract, signed by both parties is established (this is as opposed to the issue of a Purchase Order). 

There are standard Conditions of Purchase included on the reverse of University Purchase Orders and, where a Purchase Order is issued and there is no Framework Agreement or express Contract, it is particularly important to communicate/send these Conditions to Suppliers when placing an Order. However it is also a requirement of the University’s Financial Regulations that the Conditions of Purchase are sent to Suppliers in all cases – hence when Orders are faxed or emailed you should ensure that the Conditions printed on the reverse of the Order are sent at the same time as the instructions set out on the face of the Purchase Order. 

Here is a copy of the University’s Standard Conditions of Purchase

In terms of the standard express Contract Terms and Conditions, these are much more specific and suited to the purchase that you are undertaking. Although the University only generally requires that an express Contract be established for purchases in excess of £25,000 in value you may wish to consider the risks involved in the purchase (and it should always be borne in mind that you create a Contract with every Order that you issue – the only uncertainty is whose terms and conditions apply – those of the University or those of the Supplier?) and in some cases you may decide that you wish to establish an express Contract. 

In these cases the following standard documents are available to use:

These are intended for use where equipment is being purchased and installation is part of the requirement


  • General Conditions of Contract for the Supply of Goods
  • Attachment - UoB Single Contract Supply
  • Non EU Award Letter Supply

These are intended for use where equipment is being purchased on a supply only basis (that is no installation services are required)


 
Intended for use where the Services of a Consultant is required


 

Consultancy Services require certain issues to be considered (for example is the Consultant working as a commercial Consultant or is it possible that the nature of the appointment creates a situation where the Consultant could be seen to be an employee of the University) and the use of these General Conditions could assist in clarifying the situation in addition to ensuring that a properly tailored, equitable contract is put in place between the parties. 

It is intended that further standard/model documents will be developed and made available over time, but the models available should cover the majority of your requirements. 

For advice on how to use the documents please contact the University’s Procurement Team

The table below shows the standard/model documents available and the date of the last update:

 Document Title Intended Use/Purpose  Date of Last Update 
HE Sector General Conditions of Contract for the Supply and Installation of Goods Purchase of Equipment where Installation/Installation Services are required August 2006
General Conditions of Contract for the Supply of Goods Purchase of Equipment/Goods only a “Supply/Deliver” only basis September 2006
General Conditions of Contract for the Provision of Consultancy Services Purchase of Consultancy Services of most kinds  September 2006