Common use of Accepting and Declining Orders Clause in Contracts

Accepting and Declining Orders. 6.1 Following the service on them of an Order, the Suppliers shall promptly and in any event within a reasonable period determined by the relevant Participating Authority and notified to the Suppliers in writing at the same time as the service of the Order (which in any event shall not exceed three (3) Business Days), acknowledge receipt of the Order and either: 6.1.1 notify the Participating Authority in writing that it is unable to fulfil the Order and provide the reason(s) for its inability to do so; or 6.1.2 notify the Participating Authority that it is able to fulfil the Order by signing and returning the Order Form. 6.2 If the Suppliers: 6.2.1 notify the Participating Authority that they are unable to fulfil an Order; or 6.2.2 the time limit referred to in Clause 6.1 of this Schedule 5 has expired; then the Order shall lapse. 6.3 If the Suppliers modify or impose conditions on the fulfilment of an Order, then a Participating Authority may either: 6.3.1 reissue the Order incorporating the modifications or conditions (provided that such modifications or conditions do not cause the provisions of the revised Order to breach the requirements of the Regulations or of EU procurement Law); or 6.3.2 deem the Suppliers’ response as notification of their inability to fulfil the Order and the provisions of Clause 6.4 of this Schedule 5 shall apply. 6.4 Where and on each occasion that: 6.4.1 the Suppliers notify a Participating Authority that it is unable to fulfil an Order; or 6.4.2 an Order lapses; 6.4.3 the Suppliers are deemed to have notified a Participating Authority that they are unable to fulfil an Order pursuant to Clause 6.3.2; then the Participating Authority may either serve an Order Form on the next highest scoring of the suppliers in the relevant Competition or run a further Competition in accordance with Clause 1 of this Schedule 5. 6.5 The Parties acknowledge and agree that the placement of an Order is an "invitation to treat" by the Participating Authority. Accordingly, where the Suppliers sign and return the Order Form this shall constitute its offer to the Participating Authority. The Participating Authority shall signal its acceptance of the Suppliers’ offer and the formation of a Call-Off Contract by counter-signing the Order Form.

Accepting and Declining Orders. 6.1 5.1 Following the service on them receipt of an Order, the Suppliers Provider shall promptly and in any event within a reasonable period determined by the relevant Participating Authority Organisation and notified to the Suppliers Provider in writing at the same time as the service submission of the Order (which in any event shall not exceed three (3Working Days) Business Days), acknowledge receipt of the Order and either: 6.1.1 5.1.1 notify the Participating Authority Organisation in writing and with detailed reasons that it is unable to fulfil the Order and provide the reason(s) for its inability to do soOrder; or 6.1.2 5.1.2 notify the Participating Authority Organisation that it is able to fulfil the Order by signing and returning the Order Form. 6.2 5.2 If the SuppliersProvider: 6.2.1 notify 5.2.1 notifies the Participating Authority that they are unable to fulfil an Order; or 6.2.2 the time limit referred to in Clause 6.1 of this Schedule 5 has expired; then the Order shall lapse. 6.3 If the Suppliers modify or impose conditions on the fulfilment of an Order, then a Participating Authority may either: 6.3.1 reissue the Order incorporating the modifications or conditions (provided that such modifications or conditions do not cause the provisions of the revised Order to breach the requirements of the Regulations or of EU procurement Law); or 6.3.2 deem the Suppliers’ response as notification of their inability to fulfil the Order and the provisions of Clause 6.4 of this Schedule 5 shall apply. 6.4 Where and on each occasion that: 6.4.1 the Suppliers notify a Participating Authority Organisation that it is unable to fulfil an Order; or 6.4.2 an Order lapses; 6.4.3 5.2.2 the Suppliers are deemed time limit referred to have notified a Participating Authority that they are unable to fulfil an Order pursuant to Clause 6.3.2in clause 5.1 has expired; then the Order shall lapse, Participating Authority Organisation may either serve then source the service via an Order Form alternative method. 5.3 If the Provider modifies or imposes conditions on the next highest scoring fulfilment of an Order, then the suppliers in Participating Organisation may either: 5.3.1 reissue the relevant Competition Order incorporating the modifications or run a further Competition in accordance with Clause 1 conditions; or 5.3.2 treat the Provider's response as notification of this Schedule 5its inability to fulfil the Order and the provisions of clause 5.2 shall apply. 6.5 5.4 The Parties acknowledge and agree that the placement of an Order is an "invitation to treat" by the Participating AuthorityOrganisation. Accordingly, where the Suppliers Provider shall sign and return the Order Form this which shall constitute its offer to the Participating AuthorityOrganisation. The Participating Authority Organisation shall signal its acceptance of the Suppliers’ Provider's offer and the formation of a Call-Off Contract by counter-signing the Order Form. At the start of each financial year (April – March), the Provider will be provided with a Management Information template and guidance on how to complete this template will be provided The Management Information submission template will require the Provider to record monthly spend information exclusive of VAT for Participating Organisations and must be returned to the National Procurement Service, by way of reply to a quarterly automated email from the NPS MI service provider. Providers will receive an email on the 1st of each quarterly collection period requesting submission of that quarters monthly respective Management Information returns, to be submitted by the 15th of each quarterly collection period. MI returns will be for the National Procurement Service Frameworks that the supplier provides goods or services on. If suppliers do not have MI to report, then this can be reported by way of reply to the Atamis email with “Nil Return” in the subject header. The Provider must also supply Participating Organisations directly with their own management information as and when requested. In addition, the Provider must also hold in a single database the following information which must be made available on request by the Welsh Ministers and/or the Participating Organisation: • Participating Organisation name • Charging unit • Charge quantity • VAT • Total charge including VAT.