Common use of Supplier Staff Clause in Contracts

Supplier Staff. The Supplier Staff must: be appropriately experienced, qualified and trained to supply the Services apply all due skill, care and diligence in faithfully performing those duties obey all lawful instructions and reasonable directions of the Buyer and provide the Services to the reasonable satisfaction of the Buyer respond to any enquiries about the Services as soon as reasonably possible complete any necessary Supplier Staff vetting as specified by the Buyer The Supplier must retain overall control of the Supplier Staff so that they are not considered to be employees, workers, agents or contractors of the Buyer. The Supplier may substitute any Supplier Staff as long as they have the equivalent experience and qualifications to the substituted staff member. The Buyer may conduct IR35 Assessments using the ESI tool to assess whether the Supplier’s engagement under the Call-Off Contract is Inside or Outside IR35. The Buyer may End this Call-Off Contract for Material Breach if the Supplier is delivering the Services Inside IR35. The Buyer may need the Supplier to complete an Indicative Test using the ESI tool before the Start Date or at any time during the provision of Services to provide a preliminary view of whether the Services are being delivered Inside or Outside IR35. If the Supplier has completed the Indicative Test, it must download and provide a copy of the PDF with the 14-digit ESI reference number from the summary outcome screen and promptly provide a copy to the Buyer. If the Indicative Test indicates the delivery of the Services could potentially be Inside IR35, the Supplier must provide the Buyer with all relevant information needed to enable the Buyer to conduct its own IR35 Assessment. If it is determined by the Buyer that the Supplier is Outside IR35, the Buyer will provide the ESI reference number and a copy of the PDF to the Supplier.