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Pur­chase Order Terms and Conditions

1. GEN­ER­AL

Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) oper­ates a no pur­chase order, no pay­ment’ pol­i­cy and there­fore a pur­chase order num­ber must be quot­ed in full on all deliv­ery notes and invoic­es, which must also show the date of deliv­ery and the address to which the goods have been delivered. 

2. INDEM­NI­TY

Sup­pli­er shall at all times indem­ni­fy and hold Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) and its asso­ci­at­ed or sub­sidiary com­pa­nies harm­less from and against any and all claims, demands and/​or pro­ceed­ings in respect of death or injury to any per­son or loss of or dam­age to any prop­er­ty occa­sioned by or aris­ing out of or in con­se­quence of (i) the per­for­mance or non-per­for­mance by Sup­pli­er of the order or (ii) the sale, use or pos­ses­sion of the goods and fur­ther against any costs, charges or expens­es occa­sioned to Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) or its asso­ci­at­ed or sub­sidiary com­pa­nies as a result there­of pro­vid­ed always that Sup­pli­er shall not be bound to indem­ni­fy as afore­said if the death, injury, loss or dam­age in ques­tion was caused sole­ly by wrong­ful acts or omis­sions of any of those indemnified. 

3. CAN­CEL­LA­TION AND TERMINATION 

Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) reserves the right at any time to can­cel or revoke the work called for under this order. Not­ting­ham Col­lege’s sole oblig­a­tion aris­ing from such can­cel­la­tion or revo­ca­tion shall be to indem­ni­fy Sup­pli­er for costs rea­son­ably incurred, which in any event shall be mit­i­gat­ed to the max­i­mum pos­si­ble extent by Sup­pli­er. If at any time it appears to Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) that Sup­pli­er has breached or default­ed in the terms of this agree­ment or such breach or default is like­ly to occur, Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) may, with­out prej­u­dice to any oth­er rights, ter­mi­nate this order forth­with by notice in writing. 

4. INSPEC­TION

Any item received and found on inspec­tion by Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) to be either dam­aged and/​or in any way fail­ing to meet the spec­i­fi­ca­tion or oth­er­wise unsuit­able, will not be deemed to have been accept­ed as being in con­for­mance with this order and will be returned to the Sup­pli­er for replace­ment at the Sup­pli­ers risk and expense with­out prej­u­dice to any oth­er rights which Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) may have. The onus is on the Sup­pli­er to ensure that the goods/​materials specified/​supplied are suit­able for the pur­pose for which they are intended. 

5. PRICE

The price shown on Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) order shall be fixed for the dura­tion of the con­tract unless express­ly var­ied in writ­ing by Not­ting­ham College. 

6. PAY­MENT TERMS 

Not­ting­ham College’s pay­ment terms are 30 days from receipt of a valid accu­rate invoice. The invoice must clear­ly show a valid Col­lege pur­chase order num­ber, along with any quo­ta­tion or con­tract ref­er­ences. It must also show VAT sep­a­rate­ly and include the supplier’s VAT reg­is­tra­tion num­ber. The Col­lege will not pay for goods or ser­vices ahead of deliv­ery under any circumstances. 

7. DELIV­ERY POINT 

The price shown on Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) order will include deliv­ery to a spec­i­fied location. 

8. DELIV­ERY

The time(s) of deliv­ery spec­i­fied in this order is of the essence of this con­tract and no acts of Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) includ­ing with­out lim­i­ta­tion, accep­tance of late deliv­er­ies shall con­sti­tute waiv­er of this pro­vi­sion, and the mate­r­i­al shall be deliv­ered in accor­dance with this order at such time as is spec­i­fied therein. 

9. ACCEP­TANCE

In the case of mate­r­i­al deliv­ered by Sup­pli­er not being of the stip­u­lat­ed qual­i­ty, quan­ti­ty or mea­sure­ment, Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) shall have the pow­er to reject any such mate­ri­als and to pur­chase sub­sti­tute quan­ti­ties else­where, as near­ly as prac­ti­ca­ble to the same spec­i­fi­ca­tion and con­di­tion as cir­cum­stances shall admit, and any extra expense items incurred shall be paid by Sup­pli­er to Not­ting­ham Col­lege. Pay­ment shall not prej­u­dice Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) reserve the right of rejection. 

10. PASS­ING OF PROP­ER­TY AND RISK TO BUYER 

The prop­er­ty and risk in the mate­ri­als shall remain with the Sup­pli­er until they are deliv­ered and signed for by Not­ting­ham Col­lege rep­re­sen­ta­tive at the point on our order at which point prop­er­ty and risk will pass to Not­ting­ham College. 

11. PROP­ER LAW 

The con­di­tions and the con­tract between the par­ties shall be con­strued and applied in accor­dance with the law of Eng­land and the Eng­lish Courts shall have sole juris­dic­tion in any dis­pute there­to, Sec­tions 12 – 15 of the Sale of Goods Act 1979 shall apply and no exclu­sions there­of shall be agreed. 

12. BRIBERY AND CORRUPTION 

Not­ting­ham Col­lege (for­mer­ly New Col­lege Not­ting­ham and Cen­tral Col­lege Not­ting­ham) is com­mit­ted to the high­est stan­dards of eth­i­cal con­duct and integri­ty in its busi­ness activ­i­ties in the UK and over­seas and oper­ates a clear Pol­i­cy which out­lines the College’s posi­tion on pre­vent­ing and pro­hibit­ing bribery, in accor­dance with the Bribery Act 2010. The Col­lege will not tol­er­ate any form of bribery by, or of, its employ­ees, agents or con­sul­tants or any per­son or body act­ing on its behalf. Col­lege Gov­er­nors and Man­agers are com­mit­ted to main­tain­ing effec­tive mea­sures to pre­vent, mon­i­tor and elim­i­nate bribery. Notwith­stand­ing the pro­vi­sions for ter­mi­na­tion which are made with­in this agreement/​contract, if any employ­ee or rep­re­sen­ta­tive of your Com­pa­ny is found to have offered any form of bribe to any employ­ee of the Col­lege, the Col­lege reserves the right to ter­mi­nate this agreement/​contract with imme­di­ate effect. 

13. COSHH REGULATIONS 

In accor­dance with the COSHH Reg­u­la­tions 1988 you should sup­ply a copy of the data haz­ard sheet to sup­port all sub­stances sup­plied as a result of this order. 

14. SITE ATTENDANCE 

If this order relates to the neces­si­ty of a con­trac­tor com­ing onto Not­ting­ham Col­lege site, the contractor’s rep­re­sen­ta­tive should report to the College’s main recep­tion upon com­mence­ment of the work and agree to abide by the College’s health and safe­ty pol­i­cy and codes of practice.