SITXMGT002 - Student Assessment

Contract
AGREEMENT

This agreement is made this 01 day of MAY 2019

BETWEEN
ABC facilities and equipment Company of Howrah, TAS

ABN
(0643549378)
AND

ASD Comprehensive service company of Collins Street, TAS

ABN [046379824]
(Harry)

IT IS HEREBY AGREED THAT

Intention
 Both parties intend to create legal relations.
 Both parties intend to abide by the contract.
 Both parties understand and intend that the agreement be enforced by law.

Agreement
 Agreed by Suppliers Company and Team
Offer
General terms are issued by AFD bureau of Australia on Jan 01,1998

Terms
Suppliers Company: ASD comprehensive service company.
The engineer
Responsible a person appointed by suppliers.

Conditions
Party Z shall supply the goods to the place designated by Party Y in accordance with this contract. The
product name, brand, specification model, and price are detailed in the specific purchase order form.
The price determined by the order form is the all-inclusive price of supply, transportation, tax, cleaning,
etc. The specific delivery quantity and delivery date shall be determined by the written order form issued
by Party Y. Party Z shall provide products to Party Y in accordance with this contract in the form of
package supply ,package quality quantity, package transportation, package cleaning, package
acceptance, package risk ,and package after-sales service.
Settlement method: The actual quantity is subject to the “qualified” visa accepted by Party Y. According
to the actual settlement, the unit price is executed at the price confirmed by both parties in each batch
of order (fruit, vegetables, meat, fresh goods, etc. are negotiated by the two parties every 1 Month).
Warranties

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 SITXMGT002 - Student Assessment
Contract
The products provided by Party Z must be the original products and qualified products and must be
products that meet the health and epidemic prevention standards. Party Z shall provide product
certification and sanitation and epidemic prevention certificates.
The products provided by Party Z must meet the requirements of Party Y, otherwise Party Y has the right
to refuse.
Party Z guarantees to provide products and services to Party Y within the agreed time period according
to the product type, quantity, specification model, quality and after-sales service content as stipulated in
this contract and Party Y's delivery notice.

Termination clause
After the contract comes into effect, both parties shall earnestly perform the obligations under the
contract. Except as otherwise agreed in this contract or otherwise agreed by the parties, neither party
may change, suspend or terminate the contract without authorization.
The expiration date of the “purchasing item” final guarantee period of this contract is the date of
termination of this contract. However, the confidentiality clause, the dispute resolution and the
outstanding claims and debts of both parties are not affected by the expiration of the contract, and the
observant party has the right to file a claim.

Default clauses
If Party Y fails to pay according to the time stipulated in this contract, Party Z will pay liquidated
damages to Party Z for each day of the overdue payment.
If Party Z fails to supply to Party Y according to the brand, specification, model, quality and other
requirements stipulated in the contract, Party Z shall replace it according to the requirements of Party Y
until it passes the acceptance. Therefore, if the delivery is overdue, Party Z shall be liable for breach of
contract in accordance with the preceding clause.
If Party Z fails to deliver the goods according to the date specified in Party Y's delivery notice, it
shall be liable for breach of contract for overdue delivery, and Party Y shall pay Party Y the
liquidated damages according to 25% of the total overdue delivery. If the overdue date exceeds
the date, Party Y has the right to cancel the order. Party Z shall pay Party Y a penalty of 25% of
the total price of the batch of products, and Party Y may also deduct the amount due from Party
Z. If Party Z fails to supply and causes Party Y's operating losses, it shall be compensated.

Indemnity clauses
Party Z shall pay Party Y the liquidated damages and compensations. Party Y has the right to deduct the
unpaid payment. If the liquidated damages are insufficient to make up for Party Y’s losses, Party Y may
continue to recover from Party Z.
If Party Z's products are unqualified, do not meet the requirements of sanitation and epidemic
prevention, or other Party Z causes damage to the person or property of the third party, Party Z shall
bear all responsibility and compensate Party Y for losses.
Exclusion clauses
After Party Y accepts the delivery of Party Z, if Party Z finds that the product provided by Party Z is not
the original product produced by the manufacturer, or if the product is unqualified and does not meet
the requirements for sanitation and epidemic prevention, Party Y may request Party Z to return and
exchange the non-original factory. 15% of the total price of the product will be paid to Party Y for
liquidated damages. Party Y may also terminate the contract. If Party Y terminates the contract, Party Z
shall pay Party Y the liquidated damages according to 25% of the total price of the batch of products.

Director’s guarantee

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Contract
A supplier or lender to the business may require that a director personally guarantee any debt
incurred by their business.
If the business is unable to meet its obligation, the director will be personally liable.

Negotiable terms
This contract is in two copies, each of which is executed by both parties, each of which has the same
legal effect.
The contract annex is an integral part of this contract and has the same legal effect as this contract.
This contract is valid for 2 years, effective from the date of signature and seal by both parties.
If the contract is not completed, it is necessary to sign a supplementary contract through negotiation
between the two parties. The supplementary contract has the same legal effect as this contract.

Dispute resolution clauses, mediation and arbitration processes

Party Y shall issue a notice of supply to Party Z 48 hours in advance. In order to facilitate Party Z's
preparations.
Party Y shall pay Party Z's payment in time according to the contract.
When Party Z provides qualified products and services, Party Y does not deliberately pick and blame, and
promises to have this situation and seriously deal with the relevant non-compliant staff.
Party Y shall pay Party Z's payment in time according to the contract.

Bonus and penalty provisions

A contractor or an employee may receive an extra payment or share of profits from a project if a
contract is completed at a higher than stipulated quality, or before a maximum time set in a contract.
A penalty may apply in the case of late or incomplete performance.

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 SITXMGT002 - Student Assessment
Contract
Supplier acceptance

The above prices/specifications and conditions of work are hereby accepted by Gary/ The purchasing
department], authorised representative/owner of ABC facilities and equipment company].
This agreement shall become effective from 1 May 2019/immediately.

SIGNATURE

Gary
DATE

1 May 2019
WITNESS NAME

Harry
SIGNATURE

Gary
DATE
1 May 2019
Agent acceptance
The above prices/specifications and conditions of work are hereby accepted by
Gary/Supplier, authorised representative/owner of ASD comprehensive service company. This
agreement shall become effective from 1May 2019.

SIGNATURE

Gary
DATE

1 May 2019
WITNESS NAME

Harry
SIGNATURE

1 May 2019
DATE

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