CONTRACT ORDERS. 3.1 In accordance with the requirements of the Preliminaries or the Technical Workscope, at the commencement of this Agreement, the Employer’s Representative shall issue a Contract Order regarding the quantity and type of Plant to be provided and maintained. The Employer’s Representative may vary the quantity and type of Plant to be provided and maintained to the extent and frequency detailed in the Preliminaries or the Technical Workscope. 3.2 No less than the time period specified in the Preliminaries or the Technical Workscope in advance of the Services being required for any Route or at any Site, the Employer shall issue to the Supplier a draft Contract Order stating: 3.2.1 the Services to be executed pursuant to the Contract Order; 3.2.2 the Route or Site in respect of such Services; 3.2.3 the duration of the Shift which shall be ascertained by the Employer on a fair and reasonable basis having regard to any indicative periods stated in the Preliminaries or the Technical Workscope in relation to the relevant Service to be executed; 3.2.4 any necessary working direction for the Route or Site; 3.2.5 any necessary Site possession entry and exit directions; 3.2.6 any other information required for completion of the Daily Work Returns or as required by the Preliminaries or the Technical Workscope. 3.3 Within seven days of receipt of the Employer’s draft Contract Order pursuant to Clause 3.2, the Supplier shall either accept the same or shall notify the Employer that it does not accept the Contract Order, in which case it shall state in detail what element of the draft Contract Order it does not accept and its reasons therefor. Any dispute in respect of any element of the draft Contract Order which cannot be agreed shall be referred for determination by the Adjudicator Confirmation of Contract Order No Warranty of Work Quality and Standards Operating Licence Compliance with Instructions and Orders Maintenance of Plant Inspection of Plant under Clause 23.1 and the Adjudicator’s decision shall be final and conclusive in relation to the elements to which it relates. 3.4 When all of the elements of the draft Contract Order have been accepted, agreed or determined pursuant to Clause 3.3, it shall be final and binding on the Parties and: 3.4.1 the services under that Contract Order shall form part of the Services; and 3.4.2 the Supplier shall proceed to deliver the Services under that Contract Order in accordance with the provisions of this Agreement. 3.5 The Employer does not warrant the quantity of Services to be instructed during the Term. The Employer reserves the right to procure any services described in this Agreement from other Suppliers or using its own labour.
Appears in 1 contract
Sources: Framework Agreement
CONTRACT ORDERS. 3.1 In accordance with the requirements of the Preliminaries or the Technical WorkscopeScope, at the commencement of this AgreementCommencement Date or shortly thereafter, the EmployerClient’s Representative shall issue a Contract Order regarding the quantity and type of Plant to be provided (whether by the Client or by the Supplier) and maintained. The EmployerClient’s Representative may vary the quantity and type of Plant to be provided and maintained to the extent and frequency detailed in the Preliminaries or the Technical WorkscopeScope.
3.2 No less than the time period specified in the Preliminaries or the Technical Workscope Scope in advance of the Services being required for any Route or at any Site, the Employer Client shall issue to the Supplier a draft Contract Order stating:
3.2.1 the Services to be executed pursuant to the Contract Order;
3.2.2 the Route or Site in respect of such Services;
3.2.3 the duration of the Shift which shall be ascertained by the Employer Client on a fair and reasonable basis having regard to any indicative periods stated in the Preliminaries or the Technical Workscope Scope in relation to the relevant Service to be executed;
3.2.4 any necessary working direction for the Route or Site;
3.2.5 any necessary Site possession entry and exit directions;; and Acceptance Confirmation of Contract Order Volume Commitment Quality and Standards
3.2.6 any other information required for completion of the Daily Work Returns or as required by the Preliminaries or the Technical WorkscopeScope.
3.3 Within seven days of receipt of the EmployerClient’s draft Contract Order pursuant to Clause 3.2, the Supplier shall either accept the same or shall notify the Employer Client that it does not accept the Contract Order, in which case it shall state in detail what element of the draft Contract Order it does not accept and its reasons therefor. Any dispute in respect of any element of the draft Contract Order which cannot be agreed shall be referred for determination by the Adjudicator Confirmation of Contract Order No Warranty of Work Quality and Standards Operating Licence Compliance with Instructions and Orders Maintenance of Plant Inspection of Plant under Clause 23.1 and the Adjudicator’s decision shall be final and conclusive in relation to the elements to which it relates.
3.4 When all of the elements of the draft Contract Order have been accepted, agreed or determined pursuant to Clause 3.3, and subject to clause 3.5, it shall be final and binding on the Parties and:
3.4.1 the services under that Contract Order shall form part of the Services; and
3.4.2 the Supplier shall proceed to deliver the Services under that Contract Order in accordance with the provisions of this Agreement.
3.5 The Employer Client does not warrant the quantity volume of Services to be instructed during the TermTerm except where otherwise stated in the Contract Data and/or the Contract Order. The Employer Client reserves the right to procure any services Services described in this the Agreement from other Suppliers suppliers or using its own labour.
3.6 The Client may may exclude the Supplier from participating in the Contract Order process if, in accordance with section 48 of the Procurement Act 2023, the Supplier is an excluded supplier or has, since the award of this Agreement, become an excludable supplier (including by reference to an associated person) and provided that the requirements of section 48(3) of the Procurement Act 2023 have been met.
3.7 After the expiry of the Term, the Client will not issue a Contract Order and the Supplier completes the work under Contract Orders issued before the expiry of the Term.
Appears in 1 contract
Sources: Network Rail Framework Agreement