2. Acts by AGPLUS

Any decision, act or other thing that AGPLUS is required or authorised to take or do under the Contract may be taken or done by any person authorised by AGPLUS, either generally or specifically, to take or do that decision, act or other thing.

3. Service of Notice

Any notice or other communication that AGPLUS is required to give under the Contract will be sufficiently given if sent by recorded or registered post to the last known address of the Contractor.

4. Amendments and Variations

No amendment or variation in the terms of the Contract will be valid unless previously agreed in writing by AGPLUS and the Contractor and no payment will be made for any unauthorised work.

5. Transfer and Sub-Letting

The Contractor shall not give, bargain, sell, assign, sub-let or otherwise dispose of the Contract or any part thereof without AGPLUS’s prior written consent.

6. Payment

  1. On submission of a correct invoice quoting AGPLUS’s contract and/or purchase order number and confirming that the property in the Articles has passed to AGPLUS or its agent, AGPLUS shall pay the Contract Price (or, as the case may be, such part of the Contract Price as relates to the supply of the Articles) to the Contractor.
  2. The Contractor shall, at such times and in such manner as are specified in the Contract, submit invoices to AGPLUS for the performance of the Services. All such invoices for the performance of the Services shall show the period and the part of the Services for which payment is claimed, together with any agreed rates for payment.
  3. On submission of a correct invoice quoting AGPLUS’s contract and/or purchase order number and confirming that the Services (or, as the case may be, such part of the Services as is specified in the invoice) have been performed, AGPLUS shall pay the Contract Price (or such part of the Contract Price as relates to the performance of the Services or, as the case may be, such part of the Services as is specified in the invoice) to the Contractor.
  4. If, for the purpose of performing the Contract, the Contractor enters into a contract for the supply of goods or services to the Contractor by a third party, the Contractor shall include in that contract a term that requires the Contractor to pay for those goods or services within thirty (30) working days of the Contractor receiving a correct invoice from that third party.

7. Packaging

Unless otherwise specified in the Contract, all containers (including packing cases, boxes, tins, drums and wrappings) supplied by the Contractor shall be considered as non-returnable and their cost as having been included in the Contract Price.

8. Recovery of Sums Due

  1. Whenever any sum of money shall be recoverable from or payable by the Contractor under the Contract, AGPLUS may deduct the said sum from any sum that is then due (or which at any time thereafter may become due) to the Contractor under the Contract or under any other contract with AGPLUS.
  2. Any overpayment by AGPLUS to the Contractor of any charges (and associated Value Added Tax) for the Articles and/or Services shall be a sum of money recoverable from the Contractor.