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BRE Purchasing Terms and Conditions

Acknowledgement – All orders to be accepted in writing by the contractor within 7 days of receipt of the order.

Inspection – Goods will be liable to be refused or returned at the contractor’s risk and expenses if they do not correspond in all respects with the sample, pattern or description to which they have been ordered.

Containers – Containers will not be paid for but if the contractor describes and advises these on the appropriate quotation and tender and advice note as returnable giving the address to which they should be sent, they will be returned at the contractor’s expense.

Delivery – All goods must be delivered carriage free unless otherwise agreed.

Correspondence – The official order number must be quoted on all correspondence.

Payment – Payment will be made within 45 days of delivery of the goods and on completion of work to BRE’s satisfaction unless otherwise stated.

Gifts – The contractor shall not offer, give or agree to give inducements, any gift, consideration or reward, other than items and rewards of small intrinsic value for advertisement, in the alteration or execution of the contract.

Quality and rejection:

In the case of goods delivered by the Contractor not conforming with the Contract whether by reason of  quality or in a qualitative measurement not stipulated or being unfit for the purpose for which they are required where such purpose has been made known in writing to the Contractor, BRE shall have the right to:

a) reject such goods within a reasonable time of their delivery, and / or

b) specify a reasonable period within which the Contractor is to improve his performance, including where necessary, the correction or re-execution of any Service already carried out.

c) withhold or reduce payments to the Contractor, in such an amount as BRE deems appropriate in each case.

d) arrange for the performance of all or some of the Services for the whole or any part of the remaining Contract to be carried out by another person, or other persons, as near as practicable to the same contract specification and conditions as circumstances shall permit but without prejudice to any other right which BRE might have against the Contractor.                

e) recovering the cost of any arrangements mentioned in paragraph (d) having taken into account any sum deducted under paragraph (c).

f) Where the Contractor operates to ISO9000 or other quality accreditation system the Services shall be supplied according to the requirements of that quality system.

Contractor's duties:

a) The Contractor must provide the Services properly and efficiently in accordance with the Order and any directions given to him by BRE in accordance with the Order.

b) The Contractor must provide such numbers of suitable and competent persons as are required together with any equipment and materials, both of which must be of a kind approved by BRE, necessary for the performance of the Services.

Directions – The Contractor must comply with any directions given to him by BRE in relation to the performance of the Services.

Contractor's property – All property of the Contractor while at BRE’s premises shall be at the risk of the Contractor and BRE shall accept no liability for any loss or damage howsoever occurring thereto or caused thereby except where such loss or damage was caused or contributed to by any act, neglect or default of any representative of BRE acting in the course of his employment. BRE shall accept liability to the extent of to which such loss or damage is so caused or contributed to as aforesaid.

Subcontracting and Assignment – The Contractor may not without the consent in writing of BRE subcontract the Services or any part of them and may not assign this Contract or any part of it.

Liability – For the avoidance of doubt it is declared that the Contractor in carrying out the Service acts as an independent Contractor and is not BRE's servant or agent. BRE accepts no liability for loss, damage or injury caused by the negligence or default of the Contractor his employee, sub-contractors, agents and suppliers and the Contractor shall save and indemnify BRE against any claims and costs arising from such matters. BRE shall not be liable for any loss, damage, injury or death of any person arising from or in consequence of the execution or purported execution of the Work, except for loss, injury or damage caused by the negligence of BRE or its employees.

Confidentiality – The Contractor undertakes to treat as confidential all information which may be derived from or obtained in the course of the Order or which may come into the possession of the Contractor or any employee, servant or agent of the Contractor as a result of or in connection with the Order; and to take all necessary precautions to ensure that all such information is treated as confidential by the Contractor, his employees, servants or agents.

Ownership of results:

a) Subject to any prior rights of the Contractor, and to the rights of third parties or of BRE arising otherwise than under this Contract, the Contractor shall forego all rights in the results of the Services carried out by or on his behalf. For the purposes of this Contract, the results of the Services shall include any and all reports made, analysis, data, records, drawings, specifications, designs or other information (including questionnaires) collected or compiled, computer programmes (including source codes) master video film tapes, slides or negatives and the like developed specifically for or in connection with the Work (hereinafter called "the Results").

b) BRE may use the Results and decide that the Results shall be published or exploited commercially and, if so, on what conditions.

Publication of results

a) In this condition, 'publication' includes any method, whether written, oral or visual, by which information relating to the Services or the Results is disclosed to persons other than the Contractor, his employees, and BRE.

b) The Contractor shall not publish any information related to the Services or the Results without the agreement of BRE, which shall not be unreasonably withheld.

c) Any publication shall contain an acknowledgement that the Services were carried out under contract with BRE and is published with BRE's agreement.

Taxation – BRE will not be held responsible for any taxes, National Insurance Contributions, VAT or excise duties incurred by the Contractor.

Health and safety and environment

a) The Contractor undertakes that he and his employees, sub-contractors and agents will at all times comply with all health and safety requirements relating to the carrying out of the Service under the Contract. Such requirements include in addition to statutory laws and regulations any codes of practice and British Standards or their equivalent relating to Health or Safety which may be applicable to the performance of the Contract.

b) When the Contractor, his employees, sub-contractors or agents are required to carry out service on BRE premises then the Contractor undertakes that in carrying out the Work they shall additionally comply with all BRE rules and practices relating to Health & safety, the Environment and the conduct of persons working on BRE premises.

c) In the performance of the Contract the Contractor, his employees, sub-Contractors or agents shall conform to all relevant environmental standards, guidelines and Codes of Practice. The Contractor will demonstrate due care and attention to environmental and ethical considerations. The Contractor should have a robust environmental policy and work in accordance to that policy. No goods, products or services shall be supplied under this Contract which may endanger the health of any person, will cause significant damage to the environment during manufacture, use or disposal, which consume a disproportionate amount of energy during manufacture, use or disposal, which cause unnecessary waste, or which contain materials derived from threatened species or environments. Where reasonably practicable the Contractor should ensure that all written work in connection with the Contract shall (unless otherwise specified) be produced on recycled paper and used on both sides where appropriate.

d) The Contractor shall give all practical and reasonable assistance to BRE in support of any Environmental or Sustainability Policies that BRE may have  in place or be trying to implement.

e) This condition applies whether personnel are employed in the United Kingdom or overseas.

Choice of Law – This Contract is subject to the Law of England and Wales.

Instructions to Contractors

Deliveries – Goods will be accepted between the hours of 8.30am and 4.15pm Mondays to Fridays.

Advice Notes – An advice note must be sent by post and a delivery note accompany the goods to the address for delivery

Invoices – A priced invoice bearing the official order number and particulars of despatch must be forwarded to the invoice address given. Failure to comply with this requirement may affect the timing of payments

It is our policy to make payment by BACS transfer. If you wish to be paid this way please forward your bank details with the invoice.

Queries: – e-mail purchasing@bre.co.uk