Hardware Acquisition and Maintenance Contract - Australian ...

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Guidance on the specific Schedules4. Schedule 1 – Contract DetailsPurposeThis Schedule sets out the variables for the Contract, including any variation fromthe default position set out in the Agreed Terms. Each item in the ContractDetails refers to a specific clause in the Contract and has brief user notes to assistparties to complete the items appropriately.Hints for useCustomers should carefully consider the default position of each clause beforeagreeing to vary the clause, and be mindful of the fact that a variation agreed tofor one project or purchase may not be appropriate for another. The variation ofthe default position of a clause may have a significant impact on a project andshould be considered in the context of the business requirements of the Customerin respect of that project. Please also refer to the User Notes for each of theclauses referenced in the Contract Details.Items which require careful consideration prior to amending include:(a) Removal of equipment (item 12)This item is linked to clause 9 (Removal of Equipment) – please refer tothe relevant User Note for this clause.The default position expressed in clause 9 is that the Contractor is notrequired to remove any equipment from the Customer's premises. If theCustomer requires the Contractor to remove equipment:(i)(ii)this must be stated in this item; andregard should be given to the Environmental Purchasing Guide.(b) Intellectual property rights in Contract Material (item 26 to 29)Refer to User Notes - Specific Clauses for further guidance in relation toIntellectual Property Rights.Customers are encouraged to seek advice from their legal or procurementadvisers before deciding on appropriate Intellectual Property Rightsclauses.The Statement of Intellectual Property Principles for AustralianGovernment agencies is a whole of government approach to themanagement of intellectual property by government agencies. Furtherinformation on the Statement of Intellectual Property Principles can befound at the Attorney General's Department website.(c) Capping of Liability (items 30 to 33)These items are linked to clause 32 (refer to the relevant section of theUser Notes – General Requirement). Before setting a cap on liability© Commonwealth of Australia 2012 page 4SourceIT | User Notes | Hardware Acquisition & Maintenance Contract - Schedules | Release version 2.3
through item 30, Customers should have regard to the guidance on thisissue provided in:(i)(ii)(iii)(iv)Finance Circular 2006/03 Limited Liability in Information andCommunications Technology Contracts and the accompanying Aguide to limiting supplier liability in ICT contracts with AustralianGovernment agencies;Commonwealth Procurement Rules;Finance Circular 2003/02; andFinancial Management Guidance No. 6 (Guidelines for Issuingand Managing Indemnities, Guarantees, Warranties and Lettersof Comfort).Users should also seek advice from their legal and procurement advisersprior to agreeing to limit liability through item 31 of the Contract Detailsin relation to:(i)(ii)(iii)(iv)(v)personal injury;loss or, or damage to, tangible property;infringement of Intellectual Property Rights;a breach of any obligation of confidentiality, security matter orprivacy; orunlawful or wilfully wrong acts or omissions.Through the Contract Details, users can make choices in relation towhether the limitation on liability should apply on an aggregate basis orper occurrence and whether set-off or payment of Service Rebates shouldbe included in the cap on liability. Again, it is recommended that youseek advice on these issues.(d) Insurance (items 34 and 35)A Customer cannot directly access the insurance monies payable under acontract of insurance held by the Contractor. The Contract requires theContractor to hold certain types of insurance against which theContractor can claim if the Customer makes a successful claim againstthe Contractor. The amount of insurance required to be held under eachpolicy is dependent on the level of risk that the Customer assesses for aparticular contract.5. Schedule 2 – Statement of WorkPurposeThe purpose of this Schedule is to include the details of all Services andDeliverables, including the Hardware, to be provided by the Contractor under theContract. It is important that all Services and Deliverables are clearly set out inthis Schedule, along with the relevant Milestone dates and Acceptance Criteria tohelp to ensure that both parties have a shared understanding of each other'sobligations under the Contract.© Commonwealth of Australia 2012 page 5SourceIT | User Notes | Hardware Acquisition & Maintenance Contract - Schedules | Release version 2.3
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Hardware Acquisition and Maintenance Contract - Australian ...

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