Dynamic Purchasing System Agreement definition
Examples of Dynamic Purchasing System Agreement in a sentence
Without prejudice to Clause 116 (Third Party Rights), this Dynamic Purchasing System Agreement governs the relationship between the Authority and the Supplier in respect of the provision of the Goods and/or Services by the Supplier.
In consideration of the Supplier agreeing to enter into this Dynamic Purchasing System Agreement and to perform its obligations under it the Authority agrees to pay and the Supplier agrees to accept on the signing of this Dynamic Purchasing System Agreement the sum of one pound (£1.00) sterling (receipt of which is hereby acknowledged by the Supplier).
Except as otherwise expressly provided within this Dynamic Purchasing System Agreement, any notices issued under this Dynamic Purchasing System Agreement must be in writing.
If the Supplier breaches Clause 101,the Authority may by notice: require the Supplier to remove from the performance of this Dynamic Purchasing System Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or immediately terminate this Dynamic Purchasing System Agreement for material Default.
In this Dynamic Purchasing System Agreement, unless the context otherwise requires, capitalised expressions shall have the meanings set out in DPS Schedule 1 (Definitions) or the relevant DPS Schedule in which that capitalised expression appears.
Each Party shall use all reasonable endeavours to mitigate any loss or damage suffered arising out of or in connection with this Dynamic Purchasing System Agreement.
Any notice served by the Authority under Clause 101.1.17 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (including, where relevant, the date on which this Dynamic Purchasing System Agreement shall terminate).
Without prejudice to any rights and remedies that a complainant may have at Law (including under this Dynamic Purchasing System Agreement and/or a Contract), and without prejudice to any obligation of the Supplier to take remedial action under the provisions of this Dynamic Purchasing System Agreement and/or a Contract, the Supplier shall use its best endeavours to resolve the Complaint within ten (10) Working Days and in so doing, shall deal with the Complaint fully, expeditiously and fairly.
If there is any conflict between the provisions of this Dynamic Purchasing System Agreement and provisions of any Contract, the provisions of this Dynamic Purchasing System Agreement shall prevail over those of the Contract save that any refinement to the Template Order Form and Template Contract Terms permitted for the purposes of a Contract under Clause 4 and DPS Schedule 5 (Call for Competition Procedure) shall prevail over DPS Schedule 4 (Template Order Form and Template Call –Off Terms).
If a capitalised expression does not have an interpretation in DPS Schedule 1 (Definitions) or the relevant DPS Schedule, it shall have the meaning given to it in this Dynamic Purchasing System Agreement.