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Hardware Acquisition and Maintenance Contract - Australian ...

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<strong>Hardware</strong> <strong>Acquisition</strong> <strong>and</strong> <strong>Maintenance</strong><strong>Contract</strong>Introduction1. Using these notesThese User Notes contain an explanation of the purpose of the Schedules to the<strong>Hardware</strong> <strong>Acquisition</strong> <strong>and</strong> <strong>Maintenance</strong> model <strong>Contract</strong> (model <strong>Contract</strong>).Where relevant, hints for the use of Schedules are also included. For guidance onthe 'Specific clauses' <strong>and</strong> 'General requirements' sections of the model <strong>Contract</strong>,please see the SourceIT website for the corresponding User Notes (User Notes –Specific Clauses <strong>and</strong> User Notes - General Requirements).The explanations in these User Notes appear in the same order in which theSchedules appear in the model <strong>Contract</strong>. Capitalised words in these User Notesrefer to defined terms in the model <strong>Contract</strong>.Further advice, additional to that contained in these User Notes, can be obtainedfrom the <strong>Australian</strong> Government Information Management Office (AGIMO) byemail to ICTProcurement@finance.gov.au or through the Help Desk on (02) 62151597. Advice can also be sought from your legal or procurement adviser <strong>and</strong>should be sought on issues particularly relevant to your organisation.2. Using the correct versionThe most recent version of the model <strong>Contract</strong> is available at the SourceITwebsite. Only the most recent version of the model <strong>Contract</strong> should be used.AGIMO advises against modifying or using a modified version of the model<strong>Contract</strong> without consulting your legal or procurement adviser. AGIMOrecommends that users download the model <strong>Contract</strong> from the website each timesuch a contract is required, to ensure users have the most up-to-date version of themodel <strong>Contract</strong>.3. Purpose <strong>and</strong> structure of the Schedules3.1 PurposeThe purpose of the Schedules to a <strong>Contract</strong> is to set out the specific requirementsfor the procurement. The Agreed Terms of the <strong>Contract</strong> have been drafted to beused with minimum or no alteration for the majority of procurements, with anyvariations to the default positions to be set out in the Schedules. This designallows procurement officers <strong>and</strong> suppliers to focus on the requirements specific totheir particular project rather than the st<strong>and</strong>ard terms <strong>and</strong> conditions.3.2 PriorityThe order of priority of the documents which comprise a <strong>Contract</strong> is set out inclause 2 of the Agreed Terms (for further information, refer to the User Notes –Specific Clauses). The Agreed Terms of this model <strong>Contract</strong> override theSchedules, to the extent of any inconsistency, with the exception of the OpenSource Licence provisions.© Commonwealth of Australia 2012 page 3SourceIT | User Notes | <strong>Hardware</strong> <strong>Acquisition</strong> & <strong>Maintenance</strong> <strong>Contract</strong> - Schedules | Release version 2.3

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