Terms and conditions flowchart

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Flowchart: T&Cs August 2012
Procurement Services
Flowchart:
Establishing which Terms and Conditions to use when Tendering/Procuring Goods and/or Services
(Updated August 2012)
Before reading this document you should refer to ‘Terms & Conditions of Contract’ (from September
2011). Please note that this flowchart does not cover existing contractual (e.g. frameworks, collaborate
arrangements [stationery, furniture]) and one-off purchases; where UOE’s ‘default’ T&Cs will apply.
Terms and Conditions are used when purchasing goods and, or services. For most purchases that require a simple order then the ‘default’ Terms and Conditions will apply. However; ‘Responsible Officers’
will need to choose carefully when using these Standard Terms and Conditions in conjunction with their
purchase/procurement. Best practice is to think about which Terms and Conditions to use at the planning stages of your project/procurement.
Step Description
1
Responsible/Lead Officers to ensure
that T&Cs are agreed at early planning
stage
2
Consult on appropriate T&Cs where
necessary
3
Establish any specific, bespoke, unique
clauses that need to be included.
Consult the guidance material available
for each set of T&CS.
4
Establish Value of Tender
5
Agree on appropriate T&Cs based on
Steps above and by following the
flowchart below.
Ensure that the agreed T&Cs are included (to suppliers) with the tender
documentation
Issue with tender documents and
quote contract reference on all corresponding orders.
6
7
Comments/Guidance
Generic Orders/Orders placed with contracted suppliers will need an order only to be compliant. Specific
procurements/tenders will need to establish suitable
T&Cs
Procurement may be able to assist. Please be ware
that some T&Cs may take time to put together if they
fall outside the scope of standard T&Cs.
These may include a range of key inclusions such as;
 Acceptance testing
 Installation
 Staged payments
 Implementation resources
 Special Delivery Requirements
 Maintenance
 CRB Requirements
 Specialist services
This is not an exclusive list
As in Steps 1 and 2, Procurement may be able to assist.
For lower value tenders the Standard T&Cs are likely
to be adequate depending on outcome of Step 3
The Standard T&Cs are available on the Procurement
Website at the links provided.
Any resultant order should refer to the tendered T&Cs
Such precautions will ensure that there is no potential
misunderstanding
In-Tend
All tenders are to be manage through the University’s e-Tendering portal (In-Tend) at:
http://admin.exeter.ac.uk/corporate/procurement/downloads/In-Tend.shtml
For further help and guidance contact the Procurement Team http://admin.exeter.ac.uk/corporate/procurement/contact.shtml
1
Flowchart: T&Cs August 2012
Project/ Procurement Initial
Planning Phase
Will your T&Cs
require any specific / bespoke
clauses?
Specific Projects may require
unique/bespoke clauses which
should be discussed as part of the
planning stages
Consider any relevant
clauses for inclusion in
liaison with Procurement
Yes
Yes
Are you easily
able to establish T&Cs?
No
Are you tendering for Goods or
Services?
No
Consult with
Procurement for best
options available
Yes
No additional, bespoke clauses required
No
Additional
clauses
required
No
Do any clauses
require outside
help?
Go to next page for
Consultants
and
Systems T&Cs
Choose &
Adapt relevant
T&Cs
Goods &
Services
Services
Goods
Go to link for relevant
Services T&Cs
Go to link for relevant
Goods T&Cs
Go to link for relevant
Goods &Services
T&Cs
2
Process Flow Diagram – Establishing Terms & Conditions (T&Cs)
Update August 2012
From
page
Systems
previous
Go to link for relevant
Systems T&Cs
Consultancy
T&Cs
Are you tendering for Consultancy or Systems?
Indentify if tendering
for short form’ (appointment of individual
consultants)
Consultancy (short form)
Choose &
Adapt relevant
T&Cs
System T&Cs
Additional
clauses
required
Will your T&Cs
contain any
specific / bespoke clauses?
Yes
Consider any relevant
clauses for inclusion in
liaison with Procurement Legal Services
No
No additional, bespoke
clauses required
Go to link for relevant
Consultancy [Short
form] T&Cs
Consultancy (long form)
Go to link for relevant
Consultancy [long
form] T&Cs
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