1. Definitions
   The following words shall, where the contents so permit have the following meanings. “Merchandise” means all goods, chattels, plant, equipment, machinery, stores, services rendered/provided, being those set out on the face of this Purchase Order. “Purchaser means the Bond University Business specified on the face of this Purchase order. “Seller means the person, firm or corporation from whom the Merchandise is being purchased pursuant to this Purchase Order.
2. Contract
   This form together with all documents attached hereto or incorporated herein by reference (referred to, as the “Purchase Order Documents” constitute the entire terms and conditions of the contract. Seller shall not assign this Purchase Order without Purchaser’s prior written consent. No waiver of any breach of any provision of this contract shall constitute a waiver of any other breach of such provision or of any other provision.
3. Quantity and Quality
   Neither the quantity nor the quality of Merchandise delivered shall differ from that specified in the Purchase Order unless the changed quantity or quality is ordered by Purchaser or Purchase Order Amendment specifically referring to this Purchase Order. Purchaser may return excess quantities to Seller at Sellers Expense.
4. Inspection in Progress
   Seller agrees that Purchaser or its designated agent shall have the right of inspection of all work contained in the Purchase Order Documents while in any stage of engineering, manufacture, installation or completion. Seller shall make this a condition of any subcontracted work. Purchaser or designated agent shall have the power to reject any work performed or being performed that does not conform to this Purchase Order. Whereupon the work rejected shall be redone at no additional cost to Purchaser. Any such inspection or any lack of such inspection shall not relieve Seller of any obligations contained in the Purchase Order Documents.
5. Payments
   The terms of payments is 30 days from the end of the month that the invoice is dated.
6. Invoices
   The supplier must provide a Tax Invoice for all purchases covered by this order. The Tax Invoice must comply with a New Tax System (Goods and Services Tax) Act 1999, related regulations and rulings.
7. ABN
   The supplier must provide a valid Australian Business Number (ABN). If the Supplier does not provide an ABN on the Tax Invoice, the purchaser will withhold from the payment the top marginal tax rate plus Medicare Levy. An ABN is not required if the supplier provides or has provided a signed statement that the supply is private, domestic, relates to a hobby or an exemption applies.
8. Cancellation
   Purchaser may at its option cancel any Merchandise not then delivered or in transit, notwithstanding that Seller is not in default.
9. Termination for Default
   In the event of a breach by Seller of any of the terms of this contract including Seller’s warranties. Purchaser may at its option and without prejudice to any of its other rights cancel the order in respect of any undelivered merchandise.
10. Warranty
    Seller warrants that the Merchandise. (a) will conform to the description and any applicable specification. (b) shall be of good merchantable quality and fit for the known purpose for which it is sold. (c) is new (unless otherwise specified) (d) is free from all liens and encumbrances and Seller has good marketable title thereto. These warranties are an addition to any warranty or service guarantee contained in this Purchase Order.
11. Prices
    All prices stated on this Purchase Order are firm and not subject to escalation unless otherwise specified in the Purchase Order.
12. Patents, trademarks and Copyrights
    Seller warrants to Purchaser and its successors in title that the manufacture, sale or use of the Merchandise will not infringe or contribute to the infringement of any patents, trademarks, designs or copyrights in Australia or in any other country. Seller indemnifies Purchaser and its successors in title against any loss or damage (including legal fees and costs) arising from breach of this warranty or prevention or hindrance of use of the Merchandise.
13. Transportation
    Immediately Seller despatches the Merchandise Seller shall notify Purchaser of the date and time of despatch, the number of the Purchase Order, the kind and amount of Merchandise despatched and the route and method by which the Merchandise will be transported. All Merchandise shall be packed, marked and transported as specified in this Purchase Order, but if not specified then in a proper and suitable manner and in all cases in accordance with the proper requirements for carriers. Purchaser and Seller shall assist each other in obtaining documents and other information desirable for the prosecution of claims against carriers.
14. Inspection of Merchandise
    Notwithstanding any prior payment therefore, all Merchandise is subject to inspection and testing by Purchaser after arrival and unpacking at the ultimate destination and if the Merchandise is to be installed or incorporated into a plant or premises such inspection and testing may be carried out after installation or incorporation and under operating conditions. If upon or after any such inspection or test any Merchandise is found unsatisfactory, defective or of inferior quality or workmanship or fails to meet the specifications or any other requirements of the Purchase Order, Purchaser, without prejudice to any other rights or remedies it might have, may return the Merchandise to Seller at Seller’s expense. Upon return of any unsatisfactory or defective Merchandise, Seller shall reimburse Purchaser for any amounts paid by Purchaser on account of the purchase price of retuned Merchandise and any price of retuned Merchandise and any other cost expense or damage incurred or suffered by the Purchaser in connection with the delivery or return of the Merchandise or the failure of the Seller to comply with the terms of the Purchase Order.
15. Information
    Any engineering or other data furnished to Seller by Purchaser is confidential and shall not be disclosed by Seller to any third person without prior written consent of Purchaser. Unless otherwise provided in this Purchase Order, all plans, drawings and specifications prepared or supplied by or on behalf of Purchaser and any patterns made shall be and remain the property of Purchaser, shall be used by Seller only in performance of the Purchase Order and shall be retuned by Seller on completion of this Purchase Order.
16. Licences
    Unless otherwise specified in the Purchase Order, Seller at its cost shall obtain all requisite licences, permits and authorities required in performance of the Purchase Order and shall comply with all applicable laws and regulations in relation to the Merchandise and its installations (where applicable