The SFA has set out that it is a requirement to publish a Fees and Charging Policy that outlines the fees colleges and providers are planning to set for sub-contracting in each academic year.
Below is the College’s Subcontracting Policy which provides a comprehensive overview of the supply-chain fees and charges policy and also outlines the process that the college will use to secure subcontractors.
Payments to Subcontractors for 2017 are available here:New College Stamford Partner Provision Fees and Charges 2017
The College will also take the following measures:
The College aims to maintain safe passage though the Campus’s main external routes as far as is practicable within its resources.
It is expected that members and employees of the College and visitors, will take due care for their own safety and that of others in adverse conditions.
1.1 In these Terms and Conditions the following expressions will have the following meanings unless inconsistent with the context:
“Business Day” any day other than a Saturday or Sunday or a public or bank holiday in England
“Confidential Information” all information in respect of the business of the Purchaser including, but not limited to, know-how or other matters connected with the Goods or Services, and information concerning the Purchaser’s relationships with actual or potential clients, customers or suppliers and the needs and requirements of the Purchaser and of such persons and any other information which, if disclosed, will be liable to cause harm to the Purchaser
“Delivery Point” the place where delivery of Goods is to take place under Condition 5
“Force Majeure” any cause preventing the Purchaser from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable contemplation and control of the Purchaser including, without limitation, strikes, lockouts or other industrial disputes (whether involving the work force of the Purchaser or otherwise), protests, acts of God, war, national emergency, an act of terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, explosion, earthquake, flood or storm, epidemic or default of suppliers or subcontractors
“Goods” any goods which the Supplier supplies to the Purchaser (including any of them or part of them) under a Purchase Order
“Intellectual Property Rights” all intellectual property rights including patents, know-how, registered trade marks, registered designs, utility models, applications for and rights to apply for any of the foregoing, unregistered design rights, unregistered trade marks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights and any other rights in any invention, discovery or process, in each case in the United Kingdom and all other countries in the world and together with all renewals and extensions
“Purchase Order” the officially numbered purchase order or contract placed by the Purchaser with the Supplier for the supply or installation of Goods or Services incorporating these Terms and Conditions and other documents attached formed in accordance with Condition 2
“Purchaser” New College Stamford, an education provider whose place of business is at New College Stamford, Drift Road, Stamford, PE9 1XA
“Services” any services which the Purchaser receives from the Supplier (including any part of them) under a Purchase Order
“Specification” in relation to any Goods or Services, the technical specification of those Goods or documents detailing the requirements of the Services; all preparatory, design and development materials which relate to the Goods or Services; all information of any description which explains the structure, design, operation, functionality of the Goods or how the Services will be performed; all information of any description which relation to the maintenance and/or support of the Goods
“Supplier” the person(s), firm or company as specified on the Purchase Order from whom the Purchaser orders the Goods or Services
“Terms and Conditions” the standard term and conditions of purchase set out in this document together with any special terms agreed in writing between the Supplier and Purchaser
1.2 The headings in these Terms and Conditions are for convenience only and will not affect their construction or interpretation.
2.1 Subject to any variation under Condition 2.4, the Purchase Order will be governed by these Terms and Conditions to the exclusion of all other terms and conditions and all previous oral or written representations, including any terms or conditions which the Supplier purports to apply under any acknowledgement or confirmation of order, quotation, Specification, delivery note, invoice or similar document, whether or not such document is referred to in the Purchase Order.
2.2 Delivery of the Goods or commencement of the performance of the Services will be deemed conclusive evidence of the Supplier’s acceptance of these Terms and Conditions
2.3 The Supplier may not cancel the Purchase Order. The Purchaser is entitled to cancel the Purchase Order in whole or in part by giving notice to the Supplier at any time prior to delivery of the Goods or performance of the Services in which event the Purchaser’s sole liability will be pay to the Supplier fair and reasonable compensation for work-in-progress at the time of cancellation but such compensation will not include the loss of profits (whether direct or indirect and whether actual or anticipated) or any indirect or consequential loss.
2.4 These Terms and Conditions (including any special terms and conditions agreed between the parties) may only be varied or amended in writing and signed by the Purchaser.
2.5 In the event of and to the extent of any conflict the Terms and Conditions shall prevail.
3.1 The quality, quantity and description of the Goods or Services will be as set out in the Purchase Order and/or in any applicable Specification supplied or advised by the Purchaser to the Supplier with or before the Purchase Order.
3.2 The Supplier will comply with all applicable standards, regulations and/or other legal requirements concerning the manufacture, packaging, packing and delivery of the Goods and/or provision of the Services.
3.3 The Purchaser will have the right to inspect and test the Goods at any time prior to delivery. The Supplier will not unreasonably refuse any request by the Purchaser to carry out such inspection and testing and will provide the Purchaser with all facilities reasonably required.
3.4 If as the result of such inspection or testing the Purchaser is not satisfied that the Goods will comply in all respects with the Purchase Order and the Purchaser so informs the Supplier within 30 days of time inspection or testing, prior to delivery of the Goods, the Supplier will take all steps necessary to ensure compliance. Without prejudice to any other rights of the Purchaser under the Purchase Order, any failure of this obligation by the Supplier will be deemed a material breach which is not capable of remedy entitling the Purchaser to terminate the Purchase Order under Condition 14.1.
3.5 Notwithstanding any such inspection or testing, the Supplier will remain fully responsible for the Goods and any such inspection or testing will not diminish or otherwise affect the Supplier’s obligations under the Purchase Order.
3.6 The Supplier acknowledges that precise conformity of the Goods or Services with the Purchase Order is of the essence of the Purchase Order and the Purchaser will be entitled to reject the Goods or terminate the Purchase Order under Condition 14.1 if the Goods or Services are not in conformance with the Purchase Order, however slight the breach may be. Any breach of this condition is deemed a material breach which is not capable of remedy under Condition 14.1.
3.7 The Purchaser may at any time make changes in writing relating to the Purchase Order, including changes in the drawings or Specifications, method of shipment, quantities, packing or time or place of delivery. If such changes result in an increase in cost of, or time required for, performance of the Purchase Order an equitable adjustment will be made to the price, delivery schedule or both. Any such claim or adjustment must be approved by the Purchaser in writing before the Supplier proceeds with such changes.
3.8 In respect of the Goods and Services the Supplier will maintain and observe quality control and supplier quality assurance standards in accordance with the requirements of the Purchaser, its customs, relevant British Standards and statutory and regulatory bodies.
3.9 It is the responsibility of the Supplier to acquaint itself with the purposes for which the Goods supplied are to be used.
3.10 If any of the Goods, or the packages containing the same, do not comply with the Purchase Order or with any term of this Agreement including quantity, quality or description, the Purchaser may reject those Goods or any part of them at any time after delivery, irrespective of whether the Purchaser has accepted them. Any acceptance of such Goods by the Purchaser shall be without prejudice to any rights that the Purchaser may have against the Supplier. The Purchaser may return any rejected Goods, carriage forward, to the Supplier at the risk of the Supplier.
3.11 New College Stamford is committed to safeguarding and promoting the welfare of children and vulnerable adults and expects all staff and volunteers to share this commitment. Where in connection with the Purchase Order, the Supplier, its agents or sub-contractors, or the Supplier’s employees are required to carry out work on the Purchaser’s premises or alongside the Purchaser’s employees or students on any other premises, the Supplier shall comply with the Purchaser’s Site Rules for Contractors available on www.stamford.ac.uk or by request.
4.1 The price for the Goods and Services will be that stated on the Purchase Order and, unless otherwise stated in that Purchase Order, will be:
4.1.1 exclusive of any applicable value added tax (which shall be payable by the Purchaser subject to receipt of a value added tax invoice). Details of value added tax must be stated on the face of the invoice by the Supplier;
4.1.2 inclusive of all charges including, but not limited to, packaging material, packing, shipping, carriage, loading, insurance, delivery of the Goods to the Delivery Point and installation, where applicable, and any duties, imposts, levies or taxes other than value added tax; and
4.1.3 fixed for the duration of the Purchase Order.
4.2 No variation in the price nor extra charges can be made (whether on account of increased material, labour or transport costs, fluctuation in rates of exchange or otherwise) without the prior written consent of the Purchaser.
4.3 The Purchaser shall be entitled to any discount for prompt payment, bulk purchase, volume of purchase or discounts otherwise granted by the Supplier to any third party or offered by the Supplier to the Purchaser, whether or not shown on the Purchase Order.
5.1 The Goods will be delivered carriage paid to the Purchaser’s place of business or as directed by the Purchaser. The Supplier will off-load the Goods at its own risk as directed by the Purchaser. The Services will be provided at the Purchaser’s place of business or as directed by the Purchaser.
5.2 The Goods and/or Services will be delivered and/or performed during the Purchaser’s normal business hours on the date or within the period specified in the Purchase Order, or if no such period is specified then within 28 days of the date of the Purchase Order. The Purchaser reserves the right to make alternative delivery arrangements by written notice to the Supplier. Time for delivery and/or performance will be of the essence.
5.3 Should the Supplier fail to complete the project on time, then the Purchaser reserves the right to terminate the Purchase Order in accordance with Condition 14.1 and procure the Goods elsewhere at the Supplier’s expense.5.4 The Supplier will ensure that:
5.4.1 the Goods are marked in accordance with the Purchaser’s instructions and any applicable regulations or requirements of the carrier and properly packed and stored so as to reach their destination in an undamaged condition;
5.4.2 each delivery is accompanied by a prominently displayed delivery note which shows, inter alia, the delivery address, order number, date of order, number of packages and contents, batch number, expiry date of contents (where applicable) and, in the case of part delivery, the outstanding balance remaining to be delivered;
5.4.3 before delivery or performance the Purchaser is provided in writing with a list by name and description of any harmful or potentially harmful properties or ingredients in the Goods supplied whether in use or otherwise or which will be used in performance of the Services and thereafter information concerning any changes in such properties or ingredients. The Purchaser will rely on the supply of such information from the Supplier in order to satisfy its own obligations under the Health and Safety at Work Act 1974 and any other relevant legislation; and
5.4.4 the Purchaser is supplied on delivery of the Goods with all operating and safety instructions, warning notices clearly displayed and other information as may be necessary for their proper use, maintenance and repair for the Purchaser to accept delivery of the Goods.
5.5 The Purchaser reserves the right to mark the Goods immediately on delivery. This is undertaken for the purposes of security and the Purchaser will not be deemed to have accepted the Goods by reason of this nor will the Supplier be entitled to raise an objection on this ground to any subsequent rejection of the Goods.
5.6 No Goods or Services supplied under the Purchase Order earlier than the date for delivery or performance, will be accepted or paid for unless the Purchaser notifies the Supplier in writing of its intention to accept and pay for the same.
5.7 Without prejudice to the Purchaser’s other rights under the Purchase Order, if the Goods are delivered to the Purchaser in excess of the quantities ordered, the Purchaser will be entitled to retain but will not be bound to pay for the excess and such excess will be and remain at the Supplier’s risk and be returnable at the Supplier’s expense.
5.8 The Purchaser will not be deemed to have accepted the Goods until it has had a reasonable time to inspect them following delivery. The Purchaser will also have the right to reject the Goods as though they had not been accepted for a reasonable time after any latent defect in the Goods has become apparent. In the event that the Purchaser does not accept the Goods and/or performance of the Services, it shall notify the Supplier as soon as reasonably practicable.
5.9 If Goods or Services are incorrectly delivered or performed, the Supplier shall be responsible for remedying the situation and effecting re-delivery or re-performance and for any additional expense incurred in remedying the position. Any additional storage or transportation costs the Purchaser incurs due to the failure of the Supplier to deliver and/or perform shall be set off against the sums owed to the Supplier under the Purchase Order.
5.10 The Purchaser shall not be obliged to return to the Supplier any packaging or packing materials for the Goods, whether or not any Goods are accepted by the Purchaser.
6.1 The Supplier may not deliver the Goods by separate instalments or perform the Services in stages unless agreed in writing by the Purchaser. If the Purchaser does agree, the Purchase Order will be construed as a single and not severable contract in respect of each instalment or stage, and without prejudice to any other right or remedy, the Purchaser will have the right, but not the obligation to:
6.1.1 treat the Purchase Order as repudiated if the Supplier fails to deliver or perform any instalment or stage; and
6.1.2 reject any or all of the instalments for the total Purchase Order if the Purchaser is entitled to reject any one instalment.
7.1 The Supplier may invoice the Purchaser for the Goods or Services on or at any time after delivery or performance. No invoice is to be dated or submitted by the Supplier prior to the delivery of the Goods or performance of the Services. Each invoice must be a proper value added tax invoice, addressed to the Purchaser’s Finance Department and quote the number of the Purchase Order. Unless otherwise agreed in writing, payment is due in sterling within 30 days of the end of the month of receipt by the Purchaser of such invoice, subject to acceptance of the Goods or Services by the Purchaser in accordance with Condition 5.7.
7.2 Without prejudice to any other right or remedy, the Purchaser will be entitled but not obliged at any time or times to set off any liability of the Supplier to the Purchaser against any liability of the Purchaser to the Supplier (in either case however so arising and whether any such liability is present or future, liquidated or unliquidated and irrespective of the currency).
7.3 The Supplier is not entitled to suspend deliveries or performance of the Goods or Services as a result of any sums being outstanding.
8.1 Ownership of the Goods will pass to the Purchaser on delivery or upon payment of the Goods or Services if this is to occur before delivery. Risk shall pass to the Purchaser on delivery.
9.1 The Purchaser authorises the Supplier to use the Intellectual Property Rights of the Purchaser for the purpose only of performing its obligations under the Purchase Order. The Supplier will have no other rights whatsoever in respect of the Intellectual Property Rights of the Purchaser.
9.2 The Supplier warrants that neither the Goods, nor their use, resale or importation, infringes the British or foreign patent, copyright, registered design, design right, trade mark, trade name or other intellectual property right of any third party except to the extent that any infringements arise from any Specifications, drawings, samples or descriptions provided to the Purchaser.
9.3 All Intellectual Property Rights in all Goods prepared or developed by the Supplier under or in connection with the Purchase Order shall vest in the Purchaser, unless otherwise agreed by the parties.
9.4 The Supplier hereby grants a non-exclusive, irrevocable, royalty-free license to both the Purchaser and to any third party whom the Purchaser has authorised or may in the future authorise to use, copy or modify the such Goods prepared or developed under or in connection with the Purchase Order .
9.5 If at any time during the continuance of the Purchase Order the Supplier or any of its personnel (whether alone or with any other person) in the course of the provision of the Services makes or discovers an Intellectual Property Right, whether capable of registration or not, it shall treat the Intellectual Property Rights and all information relating to it as confidential to the Purchaser and shall promptly disclose to the Purchaser full details of the Intellectual Property Right. The Supplier agrees to assign to the Purchaser all rights, title and interest in and to any Intellectual Property Rights so that the property shall vest in the Purchaser absolutely.
9.6 The Supplier hereby irrevocably and unconditionally waives and shall procure that any of its personnel engaged in the provision of the Services irrevocably and unconditionally waive in favor of the Purchaser any and all moral rights conferred on him by virtue of the Copyright Designs and Patents Act 1988 for any logo, service or trade mark.
10.1 Neither party to the Purchase Order will be deemed to be in breach of the Purchase Order or otherwise liable to the other party in any manner whatsoever for any failure or delay in performing its obligations under the Purchase Order due to Force Majeure, provided that it has and continues to comply with its obligations set out in Condition 10.2.
10.2 If either party’s performance of its obligations under the Purchase Order are affected by Force Majeure:
10.2.1 it will give written notice to the other party, specifying the nature and extent of the Force Majeure, as soon as reasonably practicable after becoming aware of the Force Majeure and will at all times use all reasonable endeavors to bring the Force Majeure event to an end, and whilst the Force Majeure is continuing, mitigate its severity. The Purchaser will not be obliged to incur any expenditure in doing so;
10.2.2 subject to the provisions of Condition 10.3, the date for performance of such obligation will be deemed suspended only for a period equal to the delay caused by such event; and
10.2.3 neither party will be entitled to payment in respect of extra costs and expenses incurred by virtue of the Force Majeure.
10.3 If the Force Majeure in question continues for more than 30 days, either party may give written notice to the other to terminate the Purchase Order. The notice to terminate must specify the termination date, which must not be less than 15 days after the date on which notice is given, and once such notice has been validly given, the Purchase Order will terminate on that termination date.
10.4 Upon the ending of the Force Majeure event which continues for less than 31 days, the contractual obligations of the parties shall be reinstated with such reasonable modifications as to take account of the consequences of the Force Majeure event as may be agreed between the parties, or in default of such agreement, as may be determined by an independent arbitrator.
10.5 The Supplier shall transfer to the Purchaser the benefit of all work done by him or his sub contractors and sub suppliers in the performance of the Purchase Order up to the date of the Force Majeure notice, and if applicable it shall include the rights in any licensed and developed software and licensed firmware so far as the rights in the same have accrued to the purchaser prior to the Force Majeure notice or will do so on payment under the sub clause above.
11.1 The Supplier warrants, represents and undertakes to the Purchaser that the Goods or Services:
11.1.1 will be of satisfactory quality within the meaning of the Sales of Goods Act 1979 (as amended), and fit for purpose held out by the Supplier or made known to the Supplier either in writing or orally at or prior to the Purchase Order being formed;
11.1.2 will be free from defects in design, material and workmanship;
11.1.3 will comply with all statutory requirements, regulations and voluntary codes of conduct relating to the Goods or Services and their sale and supply and performance;
11.1.4 will be so formulated, designed, constructed, finished and packaged as to be safe and without risk to health;
11.1.5 will be performed by appropriately qualified, trained and experienced personnel with a high standard of skill, care and diligence and in accordance with the Purchase Order; and
11.1.6 will be performed to such standards of quality generally observed in the industry for similar services.
11.2 The Supplier warrants that he has the right to supply the Goods and perform the Services (as applicable) in accordance with the Purchase Order.
11.3 Without prejudice to any other provision of these Terms and Conditions, for a period of 5 years from entering into the Purchase Order (unless otherwise agreed by the parties) the Supplier shall use its best endeavors to supply the Purchaser with compatible spares and components in the event of a break down of the Goods supplied.
11.4 Without prejudice to any other rights or remedies of the Purchaser (whether express or implied), if the Supplier breaches any terms of the Contact (including, without limitation, a failure or delay in delivery) or the Purchaser terminates the Purchase Order in accordance with Conditions 14.1 then the Purchaser may (but will not be obliged) to, whether or not the Goods have been accepted:
11.4.1 cancel any or all remaining instalments if the Purchase Order has not already been terminated;
11.4.2 refuse to accept any subsequent delivery of the Goods or performance of the Services which the Supplier attempts to make;
11.4.3 recover from the Supplier any additional expenditure reasonably incurred by the Purchaser in obtaining the Goods or Services in substitution from another supplier;
11.4.4 claim for damages for any additional costs, loss or expenses incurred by the Purchaser which are in any way attributable to the Supplier’s breach of the Purchase Order or failure to deliver the Goods or perform the Services on the due date or at all;
11.4.5 for a period of 12 months from the date of delivery or performance of Services, in respect of the Goods or Services which do not conform with the provisions of Condition 11.1 and 11.2, oblige the Supplier, at the Purchaser’s opinion, forthwith to replace or repair such Goods or work performed under a Services free of charge and any repaired or replaced Goods or work performed under a Service will be guaranteed on the terms of this condition for the unexpired portion of the 12 month period; and
11.4.6 if Condition 11.4.5 is not fulfilled, the Purchaser has the right to have the defective Goods repaired or replaced by a third party and to recover reasonable costs of so doing from the Supplier.
11.5 The Supplier shall indemnify, keep indemnified and hold harmless the Purchaser from and against all costs (including the cost of enforcement), expenses, liabilities (including any tax liability) injuries, direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgments which the Purchaser incurs or suffers as a consequence of a direct or indirect breach or negligent performance by the Supplier or failure or delay in performance if the terms of the Purchase Order.
12.1 This Agreement may only be varied or amended in writing and signed by the parties specifically referring to this Condition 12.1 and stating that this Agreement is varied in the manner specified.
13.1 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor will any parties exercise preclude any further exercise of the same, or of some other right, power or remedy.
14.1 The Purchaser may by written notice served on the Supplier terminate the Purchase Order immediately if the Supplier:
14.1.1 is in material breach of any of the terms of these Terms and Conditions or the Purchase Order and, where the breach is capable of remedy, the Supplier fails to remedy such breach within 7days of service of a written notice from the Purchaser, specifying the breach and requiring it to be remedied. Failure to deliver Goods or perform any Services on the due date in accordance with Condition 5.2 is a material breach of the terms of the Purchase Order which is not capable of remedy;
14.1.2 is persistently or substantially breached any terms of the Purchase Order or these Terms and Conditions;
14.1.3 becomes bankrupt, insolvent, makes any composition with its creditors, has a receiver appointed under the Mental Health Act 1983 or dies;
14.1.4 summons a meeting of its creditors, makes a proposal for a voluntary arrangement, becomes subject to any voluntary arrangement, is unable to pay its debts within the meaning of section 123 Insolvency Act 1986, has a receiver, manager or administrative receiver appointed over any of its assets, undertakings or income, has passed a resolution or for its winding-up (save for the purpose of a voluntary reconstruction or amalgamation or is subject to a petition presented to any Court, has a provisional liquidator appointed, has a proposal made for a scheme of arrangement under Part 26 of the Companies Act 2006, has an administrator appointed in respect of it or is the subject of an application for administration filed at any court or a notice of appointment of an administrator filed at any court or a notice of intention to appoint an administrator given by any person or is the subject of a notice to strike off the register at Companies House;
14.1.5 ceases to trade or appears in the reasonable opinion of the Purchaser likely or is threatening to cease to trade within a period of up to 30 days before delivery;
14.1.6 has any distraint, execution or other process levied or enforced on any of its property;
14.1.7 breaches its statutory obligations under the Equal Opportunities and the Race Relations Amendment Act 2000;
14.1.8 has a change in its senior management and/or control as defined by section 416 Income and Corporation Taxes Act 1988; or
14.1.9 the equivalent of any of the above occurs to the Supplier in another jurisdiction to which the Supplier is subject; or
14.1.10 the Purchaser reasonably anticipates that one of the above sets of circumstances is about to occur.
14.2 The termination of the Contact howsoever arising is without prejudice to the rights, duties and liabilities of either the Supplier or the Purchaser accrued prior to termination the conditions which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
15.1 The Supplier shall bring to the attention of all employees, agents, sub-contractors and representatives of the Supplier involved in any way in the provision of the Goods or performance of the Services, the Purchaser’s health and safety requirements and contractors on site requirements and the Supplier shall be responsible for ensuring that such requirements are duly observed by all such employees, agents, sub-contractors and representatives of the Supplier.
15.2 The Supplier shall:
15.2.1 in relation to all persons likely to be affected by the execution of an Purchase Order and coming into contact with the Goods, take all such steps as may be reasonably practicable to ensure their health and safety; and
15.2.2 during the execution of a Purchase Order take such steps as are reasonably practicable to avoid harm to the environment.
16.1 Subject to the conditions relating to orders in Condition 2, any notice, demand or communication in connection with the Purchase Order will be in writing and may be delivered by hand, first class post, a document exchange system, email or facsimile , addressed to the recipient at its registered office or its address or facsimile number as the case may be stated in Condition 16.4 below and will be marked for the attention of the individual who placed the Purchaser Order (or such other address or facsimile number or person which the recipient has notified in writing to the sender in accordance with this Condition 16), to be received by the sender not less than seven Business Days before the notice is despatched.
16.2 The notice, demand or communication will be deemed to have been duly served:
16.2.1 if delivered by hand, at the time of delivery;
16.2.2 if delivered by first class post or Special Delivery post, 48 hours after being posted or in the case of Airmail 14 days after being posted (excluding days other than Business Days);
16.2.3 if delivered through a document exchange system, on the first Business Day after the day on which it would normally be available for collection by the addressee;
16.2.4 if delivered by facsimile, at the time of transmission , provided that a confirming copy is sent by first class post to the other party within 24 hours after transmission;
16.2.5 provided that, where in the case of delivery by hand or transmission by facsimile, such delivery or transmission occurs either after 4.00 pm on a Business Day, or on a day other than a Business Day, service will be deemed to occur at 9.00 am on the next following Business Day (such times being local time at the address of the recipient).
16.3 Service by facsimile is a valid means of service only where service of the original notice, demand or communication is not required.
16.4 The addresses and facsimile numbers for the Purchaser are as follows:
PURCHASER New College Stamford
ADDRESS New College Stamford, Drift Road, Stamford, PE9 1XA
FAX NO. 01780 484301
16.5 For the avoidance of doubt, where proceedings have been issued in the Courts of England and Wales, the provisions of the Civil Procedure Rules must be complied with in respect of the service of documents in connection with those proceedings.
17.1 The Supplier will keep confidential any and all Confidential Information that it may acquire.
17.2 The Supplier will not use the Confidential Information for any purpose other than to perform its obligations under the Purchase Order. The Supplier will ensure that its officers and employees comply with the provisions of this Condition 17.
17.3 The Supplier shall not disclose its contractual relationship with the Purchaser unless permission is given in writing by the Purchaser.
17.4 The obligations on the Supplier set out in Conditions 17.1 to 17.3 will not apply to any information which:
17.4.1 is publicly available or becomes publicly available through no act or omission of the Supplier; or
17.4.2 the Supplier is required to disclose by order of a court or regulatory body of competent jurisdiction.
18.1 The Supplier acknowledges that in the performance of its obligations under the Purchase Order it may have access to Personal Data, as defined in the Data Protection Act 1998, in the control of the Purchaser. The Supplier will act as a Data Processor (as defined in the Data Protection Act 1998) appointed by the Purchaser in respect of any such Personal Data.
18.2 The Supplier will only process the Personal Data for the purpose of performing its obligations under the Purchase Order and shall comply with all instructions from the Purchaser. The Supplier will at all times process information lawfully and will not contravene any statute, regulation or generally accepted code of good practice in performing its obligations under the Purchase Order
18.3 The Supplier will ensure it maintains such security measures as are required to enable it to process the Customer Data in compliance with obligations equivalent to those imposed on the Purchaser by the Seventh Principle of the Act, which requires that: “Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data”.
19.1 For the purposes of this clause:
19.1.1 “FOI Act” Means the Freedom of Information Act 2000 and any subordinate legislation made under the Act or any code issued pursuant to sections 45 or 46 of that Act or any guidance issued by the Information Commissioner;
19.1.2 “Information” means all records and information of any sort obtained, created, collected or held by the purchaser in relation to the agreement; and
19.1.3 “Information Request” means a request for information within the meaning of section 8 of the FOI Act.
19.2 The Supplier acknowledges that the Purchaser is subject to the FOI Act and agrees to provide all assistance required by the Purchaser and agrees to co-operate with the Purchaser to enable the Purchaser to comply with its obligations under the FOI Act.
19.3 The Supplier acknowledges that the Purchaser may be obliged to comply with its obligations under the FOI Act without informing or consulting the Supplier.
19.4 The Purchaser shall be responsible for determining whether and to what extent any of the exemption provisions in Part II of the FOI Act apply in relation to an Information Request.
19.5 The Supplier shall comply with any such determination by the Purchaser.
19.6 The Supplier shall ensure that any sub-Purchase Order it enters into in relation to the Purchase Order contains a condition in similar terms to this Condition 19 whereby the sub-contractor acknowledges the Purchaser’s responsibilities under the FOI Act and agrees to co-operate with the Purchaser so that these responsibilities can be discharged.
20.1 All personnel employed by the Supplier for the purpose of performing the Purchase Order shall be suitably trained, qualified and experienced, and shall fulfill their duties in a professional and ethical manner.
20.2 The Supplier shall comply and shall prove that its agents, sub-contractors and staff shall comply with legislation for the prevention of discrimination on the grounds of disability, race, sex, sexual orientation, religion and belief and the promotion of race equality.
20.3 The Supplier shall when requested provide such information on matters referred to in this Condition 20 as the Purchaser requires within a 7 days of the request. A breach of statutory obligations will entitle the Purchaser to terminate the Purchase Order in accordance with Condition 14.1.
20.4 Where in connection with the Purchase Order, the Supplier, its agents or sub-contractors, or the Supplier’s employees are required to carry out work on the Purchaser’s premises or alongside the Purchaser’s employees or students on any other premises, the Supplier shall comply and shall procure that is agents, sub-contractors and staff comply with the Purchaser’s own employment policy and codes of practice relating to racial discrimination and equal opportunities.
20.5 The Supplier shall notify the Purchaser forthwith in writing as soon as it becomes aware of any investigation or proceedings brought against the Supplier in connection with matters raised in Condition 20.2.
20.6 Where any investigation is conducted, or proceedings are brought which arise directly or indirectly out of any act or omission of the Supplier, its staff, employees, agents or sub-contractors and where there is a finding against the Supplier in such investigation or proceedings, the Supplier shall indemnify the Purchaser with respect to all costs, charges and expenses (including legal and administrative expenses) incurred by the Purchaser arising out of or in connection with any such investigation or proceedings and further indemnify the Purchaser for any compensation, damages, costs and such other financial redress to cover any payment the Purchaser may have been ordered or required to pay to a third party.
21.1 The Supplier will maintain public liability insurance cover subject to normal industry standards in the sum of the greater of £1 million or the value of the contract and shall be maintained with a reputable insurer. The Supplier will produce evidence to the Purchaser on request of the term of insurance policies and that they remain in force.
21.2 The Supplier warrants that nothing has or will be done or be omitted to be done which may result in any of the insurance policies being or becoming void, voidable or unenforceable.
22.1 Unless otherwise agreed in writing by the parties the Purchase Order and Terms and Conditions contain all the terms which the parties have agreed in relation to the subject matter of the Purchaser Order, and supersedes any prior written or oral representations, agreements or understandings between the parties relating to the subject matter.
23.1 Time for performance of all obligations of the Supplier under the Purchase Order is of the essence.
23.2 Each right or remedy of the Purchaser under any Purchase Order is without prejudice to any other right or remedy of the Purchaser under this or any other Purchase Order.
23.3 If any condition or part of the Purchase Order is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from that Purchase Order and will be ineffective without, as far as is possible, modifying any other provision or part of the Purchase Order and this will not affect any other provisions of the Purchase Order which will remain in full force and effect.
23.4 No failure or delay by the Purchaser to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
23.5 The Purchaser may assign, delegate, license, hold on trust or sub-Purchase Order all or any part of its rights or obligations under the Purchase Order.
23.6 The Purchase Order is personal to the Supplier who may not assign, delegate, license, hold on trust or sub-Purchase Order all or any of its rights or obligations under the Purchase Order without the Purchaser’s prior written consent. Any assignment, delegation, license, trust or sub-Purchase Order will be subject to the terms of these Terms and Conditions, and the Supplier shall be responsible for all obligations which are sub-contracted.
23.7 The parties to the Purchase Order do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
23.8 The Purchase Order and the Specification contains all the terms which the Purchaser and the Supplier have agreed in relation to the Goods and/or Services and supersedes any prior written or oral agreements, representations or understandings between the parties relating to such Goods and/or Services. The Supplier acknowledges that it has not relied upon any warranty, representation, statement or understanding made or given by or on behalf of the Purchaser which is not set out in the Purchase Order or Specification. Nothing in this Condition 22.9 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
23.9 Without prejudice to the generality of the forgoing, the purchaser will not be bound by any standard or printed terms of the Supplier in any of its documents, unless the Supplier specifically states, in writing, separately from such terms that it intends such terms to apply and the Purchaser acknowledges such notification in writing.
24.1 The formation, existence, construction, performance, validity and all aspects whatsoever of the Purchase Order or of any term of the Purchase Order will be governed by English law. The English Courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Purchase Order. The parties agree to submit to that jurisdiction.
NCS is committed to protecting your privacy and respecting the confidentiality of information which you provide when you visit our website at http://www.stamford.ac.uk/. At the same time, we want to try to ensure that you obtain full value from our website and from the services which you may want to receive via our website.
It is possible to use our website without providing any personal data. However, the College may automatically collect certain information about you when you use our website, including by our use of “cookies”, such as the IP address of your computer and the dates and times of your visits.
In some areas of our website, the College may ask you for personal data, such as your name, address and email details, that will enable us to make your site visit a more rewarding experience for you and/or to contact you after your visit. Examples of this might be where you complete an online form asking for a copy of a prospectus or to book a place on an open day with us, where you ask for information about a job vacancy, or where you subscribe to an online newsletter.
In some other areas of our website, where you can register as an online user, the College may ask you for more detailed information about yourself. In order to provide these types of services, it may be necessary for us to collect and process additional personal data, such as information about your educational history.
Personal data which we collect about you via our website is held on and processed by computers situated at New College Stamford. The College will retain this data for a reasonable period or for as long as the law requires.
The College may use personal data collected from you via our website to manage and monitor use of our website. Otherwise, we will only use this personal data for the purposes for which it was collected, unless you have given us permission to use it for other stated purposes. For example, if you supply us with your name and address so we can send you a prospectus for a particular department, and at the same time you agree that we may send you similar information in the future, we may subsequently invite you to an open day at that department.
There may be circumstances in which the College will ask you to agree to us disclosing your personal data to certain third parties, or transferring it outside the United Kingdom.
If at any time you want to withdraw any permission you have given us to provide you with services, or to use your personal data in any other way, please inform us by email.
When you visit our website the College may send “cookies” to the browser on your computer, even if you do not provide us with any personal data. Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful as they enable us to recognise you (by a unique number allocated to you) when you return to our website and so to personalise your return by, for example, customising web pages based on which areas of the website were previously of interest to you. If you have previously provided us with personal data, then cookies may enable us automatically to fill in your name and other information when, for example, you complete an online form.
Cookies also enable us to compile anonymous, aggregated statistics which help us to understand how our website is used and how we may improve it. It is not possible for cookies to read personal information on your computer and/or to find out any personal information about you.
A list of the different cookies that are used on this website are set out below. We have categorised these to help you understand the type of function the cookies are performing.
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies, some of the services you have asked for could not be provided.
ASP.NET_SessionId Stores technical information only. This is essential to the operation of the site . This cookie is deleted automatcially at the end of your browsing session.
These cookies allow the website to remember choices you make (e.g. language setting, text size) and provide enhanced, more personal features. They can help provide services such as local weather reports by storing in a cookie the region in which you are currently located. These cookies may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information collected may be anonymous and they cannot track your browsing activity on other websites.
We do not currently use any Functionality Cookies on the website.
These cookies are used to deliver adverts more relevant to you and your interests. They also limit the number of times you see an advertisement and help to measure the effectiveness of a campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and share this information with other organisations such as advertisers.
We do not use Targeting Cookies on the website. If you use Google services, and are logged into your Google account while browsing our site, it is possible that Google may track your activity alongside our use of the Google Analytics service for targeting purposes: please check Google’s privacy statements.
Our website and our computer systems have security measures in place with the aim of protecting the loss, misuse or alteration of personal data held by us.
In line with the New College Stamford’s Health and Safety policy, learners should not be allowed in areas where builders are working, so such workers should have no contact with children. However, where contractors do come into contact with children, they are required to undergo appropriate checks. These Contractors may be issued with frequent visitor badges.
Other contractors e.g. those who come on site only to carry out emergency repairs or service equipment, and who would not be expected to be left unsupervised on College premises should be issued with infrequent visitor badges.
Contractors will sign in at Reception who will inform Estates that the contractor has arrived. Someone from Estates will escort the contractor to Estates, where the contractor will be asked to read the contractors’ regulations and sign to say that they will comply. Depending on whether or not they are DBS (Disclosure and Barring Service) checked, the Contractor will then either be left to get on with their work, or will be escorted and supervised at all times.
A Contractor is responsible for ensuring that the same procedures are followed by any Sub Contractors.
To summons assistance for injury or illness, contact a member of staff or MainReception who will be able to summons a first aider.
Give location of incident and a brief description of what’s happened Report all accidents
The college operates a strict PTW system for the following areas of work:
PTW must be arranged through the Estates Office before work commences.
You must comply with traffic restrictions whilst on College property.
Do not exceed the speed limit displayed, or no more than 10 mph if not specified.
Always be aware of people moving across the site, particularly over road ways. Secure all loads on vehicles.If reversing use a banks person.
PPE must be worn whilst you are carrying out work on the College premises as indicated by your risk assessments.
Take appropriate security measures whilst on site. DO NOT leave tools unattended and keep vehicles locked. Take particular care with any hazardous materials.
Ensure all waste is disposed of correctly, either as agreed with the Property Manager or by removing it from the site yourself for safe disposal or re-cycling.
Please be aware of College staff and learners whilst you are working. DO NOT allow anyone to enter areas that have been closed off during your work, or to handle equipment or other materials. Warning signs and cordons should be displayed as appropriate.
Praise and Complaints are used to monitor, review and improve the quality of our customers’ experience at New College Stamford. Important feedback from our customers, clients, students and staff members can contribute to the review and continuous improvement of our services and processes.
To ensure all complaints and comments are dealt with in an effective manner we have produced the below Praise and Complaints Policy, please click the link to see more.
If you would like to praise us, or if unfortunately you have a complaint to make, please phone is on: 01780 484 300 or download and complete our Complaints and Praise Form and email it to firstname.lastname@example.org
This document sets out the processes for appealing against decisions made by the JCQ awarding bodies in relation to GCSE, GCE, Principal Learning and Project qualifications undertaken at New College Stamford.