Appointing Subcontractors Sample Clauses
The 'Appointing Subcontractors' clause defines the conditions under which a party to a contract may engage third parties to perform part of their contractual obligations. Typically, this clause outlines whether prior consent from the other party is required before appointing a subcontractor, and may specify standards or qualifications that subcontractors must meet. Its core function is to ensure that the quality and accountability of work are maintained, while also clarifying the process and limitations for delegating contractual duties to others.
Appointing Subcontractors. 8.1.1 The Supplier must exercise due skill and care when it selects and appoints Subcontractors to ensure that the Supplier is able to:
a) manage Subcontractors in accordance with Good Industry Practice;
b) comply with its obligations under this Contract; and
c) assign, novate or transfer its rights and/or obligations under the Sub-Contract that relate exclusively to this Contract to the Buyer or a Replacement Supplier.
Appointing Subcontractors. 8.1.1 The Supplier must exercise due skill and care when it selects and appoints Subcontractors to ensure that the Supplier is able to:
(a) manage Subcontractors in accordance with Good Industry Practice;
(b) comply with its obligations under this Contract; and
(c) assign, novate or transfer its rights and/or obligations under the Sub-Contract that relate exclusively to this Contract to the Buyer or a Replacement Supplier.
8.1.2 The Supplier must ensure that it does not any time during the Contract Period enter into a Subcontract with:
(a) any supplier that is on the debarment list on the basis of a mandatory exclusion ground within the meaning of the Procurement Act 2023 and associated regulations; or
(b) any supplier that is on the debarment list on the basis of a discretionary exclusion ground within the meaning of the Procurement Act 2023 and associated regulations, unless the Supplier has obtained the Buyer's prior written consent to the appointment of the relevant proposed Subcontractor.