Services Orders. 3.1 During the Term, any Client may request the Consultant to carry out Services by issue of one or more Services Order in relation to one or more Site. Unless previously withdrawn by the relevant Client, within seven (7) days of receipt of any Services Order the Consultant shall execute the Services Order as a deed and deliver the same to the Client. Any Services Order issued by a Client pursuant to this Framework Agreement and any Additional Services Instruction issued pursuant to the Terms and Conditions incorporate or shall be deemed to incorporate the Terms and Conditions. Any quotation, fee proposal or tender received by any Client or Clients from the Consultant in respect of any Services or Additional Services performed or to be performed by the Consultant pursuant to a Services Order or any Additional Services Instruction shall be of no effect and do not form part or apply to any Services Order, any Additional Services Instruction and/or this Framework Agreement under any circumstances unless expressly incorporated and/or set out in the relevant Services Order or Additional Services Instruction. This Framework Agreement shall not be an exclusive arrangement between any Client and the Consultant as to any Services Orders which may be placed and/or let under it nor shall any Client be bound to offer any Services Order to the Consultant under this Framework Agreement or otherwise in preference to any other consultant or at all. Without prejudice and subject to clause 3.4 above, any Services carried out by the Consultant pursuant to this Framework Agreement other than as the result of the issue of a Services Order shall be carried out in accordance with the Terms and Conditions as if a Services Order had been issued. This Framework Agreement shall be effective from the Commencement Date and shall continue to be effective until the earlier of either termination pursuant to clause 4.1 or the expiry of the Term. Nothing in this Framework Agreement shall affect or reduce the Consultant's obligations or liabilities under any Services Order or Additional Services Instruction.
Appears in 1 contract
Sources: Short Form Framework Agreement
Services Orders. 3.1 During the Term, any Client may request the Consultant to carry out such Services as that Client shall from time to time require by issue of one or more Services Order in relation to one or more Site. Any Services Order sent by a Client to the Consultant will be an offer to procure the Services in accordance with the Terms and Conditions. Unless previously withdrawn by the relevant Client, within seven (7) days of receipt of any Services Order the Consultant shall either: notify the relevant Client in writing that it is not able to provide the requested Services; or notify the relevant Client in writing that it accepts the Services Order and execute the Services Order order as a deed and deliver the same to the Client; any Services Order not rejected by the Consultant in accordance with clause 3.2.1 will be deemed to have been accepted by the Consultant. Upon acceptance or deemed acceptance of a Services Order the Consultant shall execute the Services order as a deed and deliver the same to the Client. Upon acceptance or deemed acceptance of a Services Order the Consultant shall carry out the Services detailed therein in accordance with the Terms and Conditions and any other special conditions contained in such Services Order. Any Services Order issued by a Client pursuant to this Framework Agreement and any Additional Services Instruction issued pursuant to the Terms and Conditions incorporate or shall be deemed to incorporate the Terms and Conditions. Any quotation, fee proposal or tender received by any Client or Clients from the Consultant in respect of any Services or Additional Services performed or to be performed by the Consultant pursuant to a Services Order or any Additional Services Instruction shall be of no effect and do not form part or apply to any Services Order, any Additional Services Instruction and/or this Framework Agreement under any circumstances unless expressly incorporated and/or set out in the relevant Services Order or Additional Services Instruction. This Framework Agreement shall not be an exclusive arrangement between any Client or Clients and the Consultant as to any Services Orders which may be placed and/or let under it nor shall any Client or Clients be bound to offer any Services Order to the Consultant under this Framework Agreement or otherwise in preference to any other consultant or at all. No Client has or Clients have given nor do they give any representation, guarantee or warranty as to any minimum or maximum number of Services Orders that may be placed and/or let to the Consultant nor as to their frequency, regularity or timing throughout the Term. The Consultant shall have no claim at law or otherwise against any Client or Clients any or all of them elect not to place and/or let any Services Order to the Consultant. Without prejudice and subject to clause 3.4 3.6 above, any Services carried out by the Consultant pursuant to this Framework Agreement other than as the result of the issue of a Services Order shall be carried out in accordance with the Terms and Conditions as if a Services Order had been issued. This Framework Agreement shall be effective from the Commencement Date and shall continue to be effective until the earlier of either termination pursuant to clause 4.1 or the expiry of the Term. Nothing in this Framework Agreement shall affect or reduce the Consultant's obligations or liabilities under any Services Order or Additional Services Instruction.
Appears in 1 contract
Sources: Framework Agreement