AgPlus Additional Conditions for Purchase of Goods

1. Specifications and Quality Assurance

  1. The Contractor shall ensure that:
    1. the Articles are of the qualities and sorts described in and equal in all respects to the samples, patterns, specifications, plans, drawings or other documents, individually or collectively, which form part of the Contract; and
    2. except insofar as may otherwise be indicated by any sample, pattern, specification, plan, drawing or other document:
      1. the Articles are strictly in accordance with the latest relevant British Standards, or equivalent, that are published before the date of the Contract; or
      2. if no such Standards exist, the Articles are otherwise to the satisfaction of AGPLUS.
  2. The Contractor shall, if so requested by AGPLUS, furnish details of the Contractor’s quality management system and produce evidence, if appropriate, of certification to BS5750/EN29000/IS09000 or equivalent.

2. Inspection

  1. AGPLUS may, at any reasonable time, inspect any or all of the Articles (or arrange for the inspection thereof):
    1. at the Contractor’s premises while they are in the course of production;
    2. at the Contractor’s premises on completion of their production;
    3. after delivery by the Contractor to AGPLUS; and/or
    4. as otherwise provided in the Contract.
  2. When AGPLUS wishes to exercise its right of inspection under this Condition, the Contractor shall, at the Contractor’s own expense, provide:
    1. full and free access to the Contractor’s premises as and when required for such inspection;
    2. all such accommodation and facilities in connection with such inspection as AGPLUS may reasonably require; and
    3. all appliances, materials and labour required for such inspection.

3. Delivery

  1. The Contractor shall deliver the Articles to AGPLUS at its premises at Colwortth Park, Sharbrook Beds, England (or, where specified in the Contract, to any other place, or to the agent of AGPLUS or its authorised representative) at the time or times and at the place or places and in the manner specified in the Contract or in orders issued under the Contract. Delivery of the Articles shall occur on their going into the possession of AGPLUS or its agent.
  2. The time of delivery of the Articles shall be of the essence of the Contract. If the Contractor fails to deliver the Articles within the time specified for such delivery in the Contract, AGPLUS shall, without prejudice to any other rights and remedies of AGPLUS, have the right (at its option) to be released from any obligation to accept and pay for the Articles, or to cancel delivery of any of the Articles.
  3. When delivering the Articles in accordance with this Condition, the Contractor shall;
    1. ensure that the Articles are properly packed and secured as may be specified in the Contract; and
    2. comply with any additional instructions that from time to time AGPLUS may give with regard to the transportation of the Articles, provided that any extra cost necessarily incurred in complying with such instructions shall be paid by AGPLUS as an addition to the Contract Price
  4. Unless otherwise specified in the Contract, the property in the Articles shall pass from the Contractor to AGPLUS upon delivery of the Articles in accordance with Clause (1) of this Condition.
  5. If AGPLUS has rejected any one or more of the Articles under Condition 8 after delivery thereof to AGPLUS by the Contractor and AGPLUS has notified the Contractor of such rejection, that one or more of the Articles shall be considered as not having been delivered under the Contract and the property in that one or more of the Articles shall revert to the Contractor.