CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS Clause Samples
The "Contract Performance and Precedence of Documents" clause establishes the rules for how the contract should be performed and clarifies which documents take priority if there are inconsistencies. In practice, this clause typically outlines the order of precedence among various contract documents, such as the main agreement, appendices, specifications, and drawings, ensuring that if there is a conflict, the higher-priority document prevails. Its core function is to prevent disputes and confusion by providing a clear hierarchy for interpreting contractual obligations and resolving contradictions between different parts of the contract.
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS.
5.1 The Supplier shall perform all Contracts entered into with the Authority in accordance with:
(a) the requirements of this Framework Agreement; and
(b) the terms and conditions of the respective Contracts.
5.2 In the event of, and only to the extent of, any conflict or inconsistency between the terms and conditions of this Framework Agreement and the terms and conditions of a Contract, such conflict or inconsistency shall be resolved according to the following order of priority:
(a) the clauses of the Contract;
(b) the Call-Off Contract Order Form except Appendices 2 (Supplier's Tender) and 3 (Supplemental Tender) to the Order Form;
(c) the terms of the Framework Agreement, the Schedules to the Framework Agreement and the appendices to the Order Form, except Schedule 1, part 2, Appendix 1 (the Supplier's Tender), and Appendix 2 to the Call-Off Contract Order Form (Supplemental Tender);
(d) any other document referred to in the clauses of the Contract; and
(e) Schedule 1, part 2 of the Framework Agreement and Appendix 1 to the Call- Off Contract Order Form (the Supplier's Tender), and Appendix 2 to the Call- Off Contract Order Form (Supplemental Tender).
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS. 5.1 The Supplier shall perform all Contracts entered into with the Authority or Other Authority in accordance with:
(a) the requirements of this Agreement; and
(b) the terms and conditions of the respective Contracts.
5.2 In the event of, and only to the extent of, any conflict or inconsistency between the terms and conditions of this Agreement and the Schedules therein, such conflict or inconsistency shall be resolved according to the following order of priority:
(a) the clauses of the Contract;
(b) Schedule One;
(c) the terms of the Agreement, and the Schedules to the Agreement and Schedule 2B;
(d) any other document referred to in the clauses of the Contract; and
(e) the Supplier's Tender.
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS. 5.1 The Provider shall perform all Call-Off Contracts entered into with a Participating Organisation in accordance with:
5.1.1 the requirements of this Framework Agreement;
5.1.2 The Supplementary Terms and Conditions
5.1.3 the Specification; and
5.1.4 the terms and conditions of the respective Call-Off Contracts.
5.2 In the event of, and only to the extent of, any conflict or inconsistency between the terms and conditions of this Framework Agreement and the terms and conditions of a Call-Off Contract, such conflict or inconsistency shall be resolved according to the following order of priority:
5.2.1 Any Contract arising from this Procurement between the Bidder and a participating Organisation
5.2.2 NPS Framework Terms and Conditions including the Supplementary Terms
5.2.3 and Conditions (Document 3);
5.2.4 The Specification (Document 4)
5.2.5 The Agreed Specification Document for each individual product as tendered or as amended post award following written agreement by the Client.
5.2.6 Any Clarification correspondence issued by the Client during the tender process
5.2.7 Any Clarification request received from the Bidder during the tender process amending their response following a query received from the Client
5.2.8 The Bidder’s response to the Qualification Envelope as returned to the Client with the Bidder’s Tender submission;
5.2.9 The Bidder’s response to the Commercial Envelope (Price Schedule(s)) as returned to the Client with the Bidder’s Tender submission; 5.
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS. 5.1 The Supplier shall perform all Contracts entered into with the Authority in accordance with:
(a) the requirements of this Framework Agreement; and
(b) the terms and conditions of the respective Contracts.
5.2 In the event of, and only to the extent of, any conflict or inconsistency between the terms and conditions of this Framework Agreement and the Schedules therein, such conflict or inconsistency shall be resolved according to the following order of priority:
(a) the clauses of the Contract;
(b) Schedule One;
(c) the terms of the Framework Agreement, and the Schedules to the Framework Agreement except Schedule One and Schedule 2B;
(d) any other document referred to in the clauses of the Contract; and
(e) the Supplier's Tender
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS. 5.1 The Provider shall perform all Call-Off Contracts entered into with a Participating Organisation in accordance with:
5.1.1 the requirements of this Framework Agreement;
5.1.2 the Specification; and
5.1.3 the terms and conditions of the respective Call-Off Contracts.
5.2 In the event of, and only to the extent of, any conflict or inconsistency between the terms and conditions of this Framework Agreement and the terms and conditions of a Call-Off Contract, such conflict or inconsistency shall be resolved according to the following order of priority:
5.2.1 the clauses of the Call-Off Contract;
5.2.2 the terms of the Framework Agreement, the Schedules to the Framework Agreement and any appendices thereto; and
5.2.3 any other document referred to in the clauses of the Call-Off Contract.
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS. 5.1 The Supplier shall perform all Contracts entered into with a Customer in accordance with:
(a) the requirements of this Framework Agreement; and
(b) the terms and conditions of the respective Contracts.
5.2 In the event of, and only to the extent of, any conflict or inconsistency between the terms and conditions of this Framework Agreement and the terms and conditions of a Contract, such conflict or inconsistency shall be resolved according to the following order of priority:
(a) the Order Form except Appendices 2 (Supplier's Tender) and 3 (Supplemental Tender) to the Order Form;
(b) the clauses of the Contract;
(c) the terms of the Framework Agreement, the Schedules to the Framework Agreement and the appendices to the Order Form, except Schedule 1, part 2, Appendix 2 (the Supplier's Tender), and Appendix 3 to the Order Form (Supplemental Tender);
(d) any other document referred to in the clauses of the Contract; and
(e) Schedule 1, part 2 of the Framework Agreement and Appendix 2 to the Order Form (the Supplier's Tender), and Appendix 3 to the Order Form (Supplemental Tender).
5.3 In the event of, and only to the extent of, any conflict or inconsistency between the terms and conditions of this Framework Agreement and the terms and conditions of the Licence Agreement, such conflict or inconsistency shall be resolved according to the following order of priority:
(a) the terms of the Framework Agreement, the Schedules to the Framework Agreement; and
(b) the terms of the Licence Agreement.
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS. 5.1 The Service Provider shall perform all Contracts entered into the Authority in accordance with:
(a) the requirements of this Agreement; and
(b) the terms and conditions of the respective Contracts.
5.2 In the event of, and only to the extent of, any conflict or inconsistency between the terms and conditions of this Agreement and the terms and conditions of a Contract, such conflict or inconsistency shall be resolved according to the following order of priority:
(a) the Clauses of the Contract;
(b) the Service Instruction Form (except any appended Service Provider’s Request to Participate and/or Tender) (where applicable));
(c) the Invitation to Tender requiring a Tender (where applicable);
(d) the Tender (where applicable);
(e) the terms of the Agreement, the Schedules to the Agreement and the appendices to the Service Instruction Form, except Part 4 of Schedule 1 (Services and Categories);
(f) the Invitation to Participate;
(g) the Request to Participate;
(h) any other document referred to in the Clauses of the Contract; and
(i) any other document referred to in the Clauses of the Agreement.
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS. 7.1 The Contractor shall perform all Contracts entered into with any Customer:
(a) in accordance with the requirements of this Framework Agreement;
(b) in accordance with the terms and conditions of the relevant Call-Off Contracts and Order Form;
(c) in accordance with and Good Industry Practice;
(d) with appropriately experienced, qualified and trained Staff with all due skill, care and diligence; and
(e) in compliance with all applicable Laws.
7.2 In the event of, and only to the extent of, any conflict or inconsistency between the terms of this Framework Agreement and the terms and conditions of a Contract, such conflict or inconsistency shall be resolved according to the following order of priority:
(a) the Order Form including any Special Terms;
(b) the associated Call-Off Contract;
(c) this Framework Agreement; and
(d) any other document referred to in the clauses of the Contract.
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS. 5.1 The Supplier shall perform all Call-Off Contracts entered into with a Placing Authority in accordance with:
(a) the requirements of this DPS Agreement; and
(b) the terms and conditions of the respective Call-Off Contracts.
5.2 In the event of, and only to the extent of, any conflict or inconsistency between the terms and conditions of this DPS Agreement and the terms and conditions of a Call-Off Contract, such conflict or inconsistency shall be resolved according to the following order of priority:
(a) the clauses of the Call-Off Contract;
(b) the Call-Off Contract Acceptance Form (except the Supplier's Request to Participate and/or Tender, if appended);
(c) the Invitation to Tender requiring a Tender (where applicable);
(d) the Tender (where applicable);
(e) the terms of the DPS Agreement, the Schedules to the DPS Agreement and the appendices to the Call-Off Contract Acceptance Form, except Part 4 of Schedule 1 (Services);
(f) the Invitation to Participate;
(g) the Request to Participate;
(h) any other document referred to in the clauses of the Call-off Contract; and
(i) any other document referred to in the Clauses of the DPS Agreement.
CONTRACT PERFORMANCE AND PRECEDENCE OF DOCUMENTS. 5The Contractor shall perform all Contracts entered into with a Customer in accordance with: