Procurement Services
Updated August 2012
Guidance notes of
STANDARD TERMS AND CONDITIONS FOR THE PURCHASE OF SERVICES
As a standard (“Default”) set of The Terms and Conditions (T&Cs) no changes to clauses are required unless relating to the sections below, which address the major clauses and conditions. Any
changes should be agreed in collaboration with Legal Services/Procurement Services.
Please read the T&Cs carefully. You should work through each of the sections below – editing
schedules in conjunction with the requirements of the contract. Please ensure that you check consequential numbering following any deletions/additions. Any changes to clauses should be agreed
in collaboration with Procurement Services.
T&Cs are designed to offer both a generic option and opportunities for the user to add specific requirements. This guidance is intended to assist key personnel to consider where specific clauses
may be needed/adapted. Please read in conjunction with the flowchart: Establishing which Terms
and Conditions to use when Tendering/Procuring Goods and/or Services
Section
Guidance
1. Definitions and Interpretation
The ‘words and expressions’ included here should relate to the final T&Cs. Additional ‘words and expressions’ may be needed if
any bespoke/unique clauses are required. Check consequential
numbering following any deletions/additions:
“University Group” - can be defined in a further schedule if required – consider including PCMD and INTO expressly if they need
to be covered by the Services
The Price should correspond with the agreed price (submitted at
tendering). Schedule 1 (below) offers a further opportunity to set
out agreed prices.
4. Price
Should be inclusive of all costs and expenses incurred - including
all visits, equipment, travel and attendance at meetings.
5. Payment*
These clauses should reflect the intended payment process that
will be adopted for the project. It is good practice to produce a
Payment Schedule if this is key to the project. Ensure that (even
for ad hoc) work, orders are placed and invoices raised.
6. Instalments
Payment by instalments and “Payments” in advance of receipt of
service should be included here (e.g. consultancy pre-contract, development/start-up costs).
7. Delivery
Consider any special service delivery requirements if appropriate
to the needs of the project (e.g. out-of-hours/emergency, special
factors/arrangements, experienced professional provision, CRBchecked operatives).
10. Intellectual Property
The clauses here are designed to accommodate the Intellectual
Property requirements. Consider carefully against project requirements. Consider the extent to which these clauses are necessary
based on the Services that the Consultant will be providing.
12. Warranty Indemnity The clauses here are designed to accommodate the requirements
and Cancellation
in respect of Warranty/Indemnity. Consider carefully against project
requirements
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Procurement Services
NB: TUPE - The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one
owner to another. Please consider carefully and seek advice where employees of the previous
provider may be employed on the same contract with the new provider. If you consider that you
contract has an element of TUPE please use the Terms & Conditions for Goods and Services
Schedules
The schedules are designed to firm up the agreement once the contract has been won (a successful bidder at tender stage). The Schedules should prevent any misconceptions about contract delivery and assist contract management. Potential suppliers should be asked to provide these as
part of the tender process.
Schedule 1 ; Price Schedule
The inclusion of a Price Schedule on the basis of the winning tender will enable contract managers to check actually prices with
those agreed. Make sure that additional expenses/costs are clearly identified (e.g. travel/subsistence, training/implementation, outof-hours/urgent work, additional resources).
Schedule 2: Key perfor- For the provision of Services KPIs are likely to be around quality
mance Indicators (KPIs)
and timeliness of delivery, speed of response, reporting functions).
KPIS will allow the contract manager to assess how the contract is
meeting needs. For further advice on Assessing Supplier Performance visit Good Practice 4.
Schedule 3: Project/
Service Delivery Plan
More complex service provision will require a detailed approach to
services delivery (e.g. availability of intrinsic support, timely experienced/knowledgeable input, reporting regimes). A Plan that agrees
actions at the key stages and agrees standards is often useful.
For further Procurement Advice please visit
Procurement Services - Finance Services - University of Exeter
* following a recent Government announcement, departments in government are now encouraged to pay
their suppliers within 10 days of a valid invoice. This is to help businesses that are faced with increased cash
flow problems in the current economic climate. It should be noted however that the standard payment
terms (which can be modified) set out in these Standard Terms and Conditions state that contractuallybinding arrangements remain at 30 days.
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