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Terms and conditions for the supply of goods (pro-customer)

Terms and conditions for the supply of goods (pro-customer)

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PROTECT- CONTRACT<br />

C2<br />

Transparency<br />

C2-1 The Supplier acknowledges that <strong>the</strong> United Kingdom Government’s transparency<br />

agenda requires that contracts, such as this Agreement <strong>and</strong> <strong>the</strong> Contract, <strong>and</strong> any<br />

sourcing document, such as <strong>the</strong> invitation to sourcing, are published on a<br />

designated, publicly searchable web site.<br />

C2-2 The Supplier acknowledges that, except <strong>for</strong> any in<strong>for</strong>mation which is exempt from<br />

disclosure in accordance with <strong>the</strong> <strong>pro</strong>visions <strong>of</strong> FOIA (as defined in clause C6), <strong>the</strong><br />

content <strong>of</strong> this Agreement <strong>and</strong> <strong>the</strong> Contract are not Confidential In<strong>for</strong>mation. RCUK<br />

SSC <strong>and</strong> <strong>the</strong> Customer shall be responsible <strong>for</strong> determining in <strong>the</strong>ir absolute<br />

discretion whe<strong>the</strong>r any <strong>of</strong> <strong>the</strong> content <strong>of</strong> this Agreement or <strong>the</strong> Contract is exempt<br />

from disclosure in accordance with <strong>the</strong> <strong>pro</strong>visions <strong>of</strong> <strong>the</strong> FOIA.<br />

C2-3 Notwithst<strong>and</strong>ing any o<strong>the</strong>r term <strong>of</strong> this Agreement or <strong>the</strong> Contract, <strong>the</strong> Supplier<br />

hereby consents to <strong>the</strong> Customer <strong>and</strong> / or RCUK SSC publishing this Agreement<br />

<strong>and</strong> / or <strong>the</strong> Contract in <strong>the</strong>ir entirety, (but with any in<strong>for</strong>mation which is exempt from<br />

disclosure in accordance with <strong>the</strong> <strong>pro</strong>visions <strong>of</strong> <strong>the</strong> FOIA redacted) including from<br />

time to time agreed changes to this Agreement or <strong>the</strong> Contract, to <strong>the</strong> general<br />

public.<br />

C3<br />

Corruption<br />

C3-1 The Customer shall be entitled to terminate <strong>the</strong> Contract immediately <strong>and</strong> to recover<br />

from <strong>the</strong> Supplier <strong>the</strong> amount <strong>of</strong> any loss resulting from such termination if <strong>the</strong><br />

Supplier or a Supplier's Associate:<br />

C3-1-1 <strong>of</strong>fers or agrees to give any person working <strong>for</strong> or engaged by RCUK SSC,<br />

<strong>the</strong> Customer or any Public Body any favour, gift or o<strong>the</strong>r consideration,<br />

which could act as an inducement or a reward <strong>for</strong> any act or failure to act<br />

connected to <strong>the</strong> Contract, or any o<strong>the</strong>r agreement between <strong>the</strong> Supplier<br />

<strong>and</strong> RCUK SSC or <strong>the</strong> Customer or any Public Body, including its award to<br />

<strong>the</strong> Supplier or a Supplier's Associate <strong>and</strong> any <strong>of</strong> <strong>the</strong> rights <strong>and</strong> obligations<br />

contained within it;<br />

C3-1-2 has entered into <strong>the</strong> Contract if it has knowledge that, in connection with it,<br />

any money has been, or will be, paid to any person working <strong>for</strong> or engaged<br />

by RCUK SSC, <strong>the</strong> Customer or any Public Body by or <strong>for</strong> <strong>the</strong> Supplier, or<br />

that an agreement has been reached to that effect, unless details <strong>of</strong> any<br />

such arrangement have been disclosed in writing to RCUK SSC or <strong>the</strong><br />

Customer be<strong>for</strong>e <strong>the</strong> Contract is entered into;<br />

C3-1-3 breaches <strong>the</strong> <strong>pro</strong>visions <strong>of</strong> <strong>the</strong> Prevention <strong>of</strong> Corruption Acts 1889 to 1916,<br />

or <strong>the</strong> Bribery Act 2010; or<br />

C3-1-4 gives any fee or reward <strong>the</strong> receipt <strong>of</strong> which is an <strong>of</strong>fence under Section<br />

117(2) <strong>of</strong> <strong>the</strong> Local Government Act 1972.<br />

C3-2 For <strong>the</strong> purposes <strong>of</strong> Condition C3-1, "loss" shall include, but shall not be limited to:<br />

Contract Number :<br />

19

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