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Southern Universities Purchasing Consortium
IT Hardware Maintenance Framework Agreement
FRAMEWORK AGREEMENT
For the provision of
IT Hardware Maintenance
Period: 1 September 2008 to 31 August 2012
OJEU Reference: 2007/S 153-190875
Xenon Network Services Limited
Ref: 2007/03
The Southern Universities Purchasing Consortium (SUPC) is an operating unit of
Southern Universities Management Services, a Company limited by guarantee.
Registered in England and Wales (No. 2732244). Registered Charity No. 1042175.
Registered Office: University of Reading, London Road, Reading, RG1 5AQ.
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IT Hardware Maintenance Framework Agreement
SOUTHERN UNIVERSITIES PURCHASING CONSORTIUM
SECTION l - FORM OF AGREEMENT
FRAMEWORK AGREEMENT NUMBER: 2007/03
This Agreement between Southern Universities Purchasing Consortium (SUPC),
University of Reading, London Road, Reading RG1 5AQ, acting as lead
organisation on behalf its members, and members of the London Universities
Purchasing Consortium (LUPC), the Higher Education Purchasing Consortium,
Wales (HEPCW), the North Eastern Universities Purchasing Consortium (NEUPC),
the North West Universities Purchasing Consortium (NWUPC) and the Advanced
Procurement for Universities and Colleges (APUC Limited), and with the written
agreement of SUPC, other higher education institutions, Research Councils and
Regional Purchasing Consortia, hereinafter called the Buyer, and Xenon Network
Services Limited, Anchorage Court, Caspian Road, Atlantic Office Park,
Altringham, WA14 5HH hereinafter called the Supplier, and incorporates:
Section i Form of Agreement
Section ii Specification of Requirements
Section iii Conditions of Framework Agreement
Section iv Price and Service Schedule
Section v Variations to Contract Terms
The period of this Agreement is from 1 September 2008 to 31 August 2012.
This Agreement incorporates the entire agreement between the parties hereto and
supersedes all previous negotiations, representations and agreements either written
or oral preceding the Agreement
A full list of the participating Consortia‟s members are available on the following
websites:
SUPC www.supc.ac.uk
LUPC http://lupc.procureweb.ac.uk
HEPCW http://hepcw.procureweb.ac.uk
NEUPC http://neupc.procureweb.ac.uk
NWUPC http://www.nwupc.man.ac.uk
APUC Limited http://www.apuc-scot.ac.uk/
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IT Hardware Maintenance Framework Agreement
Signed for on behalf of the Supplier Signed for on behalf of the Buyer
Signed ............................................. Signed .........................................
Name ............................................. Name .........................................
Position ............................................. Position .........................................
Date ............................................. Date .........................................
Signed ............................................. Signed .........................................
Name ............................................. Name .........................................
Position ............................................. Position ………………………………
Date ............................................. Date .........................................
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IT Hardware Maintenance Framework Agreement
SECTION II - SPECIFICATION of REQUIREMENTS
1. Scope of Service
The purpose of the agreement is to keep all IT hardware equipment working
and in a safe operable condition. All maintenance is to be carried out in
accordance with the highest Industry Standards. This Agreement will be for a
period of 4 years commencing 1 September 2008. Institutions will however
choose a period of contract that suits their individual requirements.
2. Equipment Covered by the Agreement
The equipment covered under this agreement shall include all brands of
desktop and portable computers including Apple Macs. The agreement will
also cover desktop inkjet, impact and laser printers; colour laser printers; large
networked workgroup printers; servers; scanners; all accessories and
peripherals including monitors (screen size 19” and above); flat screen
monitors. Maintenance for desktop, portable computers and Apple Macs shall
cover the system unit (including cards, disk drives and all cables, keyboard,
mouse and monitors. Maintenance of software is excluded in all cases.
3. Response and Fix Times
The Supplier must be able to receive maintenance calls by telephone, fax,
and email and a personal response must be available between the hours of
8.00am and 6.00pm each working day. The Supplier must be able to log
service calls by serial number or Ethernet or Network address.
The Supplier shall respond to the maintenance call within the times agreed in
the individual equipment contract. All Equipment shall be fixed within two
working days* of the maintenance call. If this is not possible the Supplier
should offer the User loan equipment (see 5 below).
The Supplier shall respond to all fileserver maintenance calls within the times
agreed and work through until equipment is repaired and re-instated or as
agreed in the individual equipment contract.
*Working day shall be defined as the days of normal business of the
institution, excluding Saturday, Sunday and national or local holidays (bank
holidays). Often HEI's close for extended periods over Christmas and Easter
and such days when it is not possible to gain access will not be counted in the
fix time. NOTE: There may be a requirement in some HEIs for a 24hour, 7
days a week service in respect of server equipment. In such cases this will be
subject to local agreement between Supplier and HEI.
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IT Hardware Maintenance Framework Agreement
4. Timing of the Service
Engineers shall be available between the hours of 8.00am and 6.00pm each
working day but the precise service window for on-site engineers will be
subject to local agreement.
5. Loan Equipment
All loan equipment, as detailed in 3 above, shall be at least of equal
performance to that which it is replacing and shall be compatible with existing
configurations. It must also comply with all current electrical tests.
6. On- site Engineers
The HEI may request the provision of dedicated on-site engineer(s) subject to
an agreed level of business. The indicative levels of business required for the
provision of an on-site engineer are detailed in Section IV – Price & Service
Schedule.
Where the Supplier provides an on -site engineer and this engineer is not fully
utilised in performing this Agreement then the HEI may use the skills of that
engineer for other comparable duties. The Supplier shall comply with any
TUPE Regulations that may apply from time to time. The HEI will endeavour
to provide accommodation for the on -site engineer and any spare stock.
On-site engineers should be placed with the full consultation and agreement
of the HEI. If the HEI is not satisfied with the performance of the on-site
engineer the Supplier will remove that engineer and replace him/her with
another on-site engineer as required by the HEI.
7. Agreement Management
The Supplier shall provide a named Account Manager for all HEI accounts to
pro-actively manage the agreement and provide a link with the HEI
Agreement Manager. The HEI Agreement Manager should be advised at all
times of the name of this dedicated Account Manager.
8. Management Information
The Supplier shall provide full and comprehensive management information,
in a paper and computer readable format, e.g. Excel spreadsheet, to both HEI
Agreement Manager and the individual HEI's on a quarterly or six monthly
basis, as required. As a minimum, this information must include a full
inventory of all systems/equipment maintained, locations, specifications,
individual agreement and HEI site values, and contract totals. Also monthly,
quarterly or six monthly reports from engineer on all faults reported, service
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IT Hardware Maintenance Framework Agreement
response times, Fix times, First Time Fix rates and any other reporting
requirements. There is also the requirement to complete the Expenditure MI
template that was issued with the tender and submit this quarterly, or as
requested, to SUPC.
9. Co-terminus Agreements
All call off agreements with Institutions will typically be of 12 months term but
may be longer. The Supplier shall also provide flexible co-terminus
agreements to the HEI's individual requirements to enable a common annual
expiry date if required.
10. Invoicing
The Supplier shall provide flexible invoicing to the HEI's individual
requirements. Many HEI's will require separate invoices for each maintenance
agreement i.e. invoice per department or per machine.
11. Student and Staff Service
The provision of the service to Staff and Students is detailed in Section IV –
Price & Service Schedule.
12. Marketing
The Supplier shall:
a) Publish net price list and/or catalogues specific to the Agreement. These
are to be available in paper and electronic formats. Individual Institutions may
require bespoke marketing material for their own Institution.
b) Allow all relevant information relating to the Agreement to be published and
distributed to Institution‟s on the Internet via HE National and Consortia
secure web sites and Institution electronic buyers guides. This information is
confidential to Institution‟s only and is not available outside these institutions.
Tenderers should however be aware of SUPC‟s and individual institutions
obligations under the Freedom of Information Act detailed in Clause 27 of the
Conditions of Framework Agreement.
c) Create bespoke web pages for this HE Agreement upon a secure section of
your company‟s web server. Content of these pages will be subject to
clarification upon contract award, but typically to include contract pricing,
product and company information, contact details and any other information
as may be required.
d) Pre-arrange with Institution‟s all representatives‟ visits as required and
ensure that systems are in place to respond to Institution‟s requests for visits /
quotations within 48 hours.
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IT Hardware Maintenance Framework Agreement
13. Pricing
All prices in this agreement shall not rise for at least 12 months from the date
of commencement of this Agreement. Price changes thereafter shall be in
accordance with the terms detailed in the Conditions of Framework
Agreement Section 4: Basis of Prices.
Furthermore Institutions shall be given a minimum 12 month fixed price
regardless of when their contract commences or when equipment is added to
their contract.
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IT Hardware Maintenance Framework Agreement
SECTION III - CONDITIONS FOR FRAMEWORK AGREEMENT
If there is conflict between these conditions and the Buyer‟s Conditions of Purchase
then the latter shall take precedence. In the absence of the Buyer‟s Conditions of
Purchase then the Conditions of Purchase outlined in Appendix A to these conditions
shall apply to all Purchase Orders placed with the Supplier under this Agreement
and these cannot be superseded by any of the Supplier‟s terms.
The member institution of the Higher Education Institution (HEI) (hereafter the
“Buyer”) considers this Contract to be a high relevance contract pursuant to its duties
under the Race Relations Act 1976, as amended. Consequently, your attention is
drawn specifically to clause 26 of this Contract.
1 DEFINITIONS
1.1 „The Buyer' means the member institution of the Higher Education
Institution (HEI) who is placing the Purchase Order and its employees,
sub-contractors or agents.
1.2 „The Supplier' means the person, firm or company to whom the Purchase
Order is addressed and any employees, sub-contractors or agents of said
person, firm or company.
1.3 'Goods' means the materials, articles, works and services described in the
Agreement
1.4 'Authorised Officer' means the Buyer's employee authorised, either
generally or specifically, by the Buyer to sign the Buyer's Purchase Order.
1.5 „Authorised' means signed by one of the Buyer's Authorised Officers.
1.6 'Purchase Order' means the Buyer's authorised Purchase Order and shall
include telephone orders, fax orders and electronic orders.
1.7 „Order Amendment' means the Buyer's authorised Order Amendment or
series of Order Amendments, each order amendment having precedence
over any earlier Order Amendment.
1.8 „Agreement' shall comprise the documents detailed in Section l Form of
Agreement, the Purchase Order and any other documents (or part
document) referred to.
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2 PURPOSE OF AGREEMENT
2.1 The purpose of this Agreement is to establish the terms under which the
Supplier will supply to the Buyer specific items within an agreed range of
goods/services at agreed prices.
2.2 This Agreement is not a commitment to purchase by the Buyer.
Commitment to purchase will only be made when an authorised party (see
Article 19) places an order under the terms of this Agreement.
3 SCOPE OF AGREEMENT
3.1 The specific services that may be called-off by the Buyer under this
Agreement are detailed in the Agreement. The Buyer is not bound to
purchase all requirements or any given value or volume of services, from
the Supplier unless specifically stated otherwise in the Agreement. The
Buyer‟s own terms and conditions of supply will apply to all call-off
Purchase Orders.
3.2 The prices to be paid to the Supplier for the supply to the Buyer of specific
services within the range of goods are those listed in the Agreement.
4 BASIS OF PRICES
4.1 Prices quoted in the price schedules shall not increase for at least one
year from the date of commencement of this agreement. Price changes
thereafter shall:
4.1.1 Be subject to agreement with the SUPC Computing Group
Convener. All applications for price increases should be made in
writing to the SUPC Computing Group Convener at least one month
prior to the effective date of the proposed increase
4.1.2 Be firm for the whole of the relevant Agreement year except where
(4.1.6) applies
4.1.3 Be applied only as a direct result of increased costs suffered by the
Supplier and only after agreement by the SUPC Computing Group
Convener. The Supplier shall provide full justification for any
requests for price increases.
4.1.4 And shall not in any case exceed changes in the Retail Price Index
subject to a maximum of 5%
4.1.5 Occur immediately if there is a reduction in the Supplier‟s input costs
or in the prevailing market for similar goods available from other
sources (the Supplier‟s prices shall be reduced accordingly)
4.1.6 The Supplier shall immediately notify all SUPC members of any
agreed price changes
4.2 All prices quoted shall exclude Value Added Tax (VAT) but include
delivery, packing and carriage charges. The Supplier shall not charge any
small order charges.
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5 METHOD OF CALL-OFF
5.1 On each occasion that the Buyer wishes to Call-off specific
goods/services under this Agreement a Purchase Order specifying the
goods required, price, date goods are required, delivery address, any
special instructions and to whom the invoice should be addressed will be
placed with the Supplier.
6 TERMINATION
6.1 Either party may terminate this Agreement forthwith by three months
notice in writing to the other if there is a substantial breach by the other of
one of his or her obligations under the Agreement.
6.2 In the event of termination the Buyer will only be liable to pay to the
Supplier such sums as may be due for goods supplied or due to be
supplied against valid Purchase Orders.
7 REVIEW MEETINGS, REPORTS AND INSPECTION
7.1 The Supplier and the Buyer will meet at the discretion of the Buyer to
review the progress of Purchase Orders made under this Agreement.
7.2 The Supplier and Southern Universities Purchasing Consortium will meet
at the discretion of the Southern Universities Purchasing Consortium to
review the performance of this Agreement.
7.3 The Supplier will provide all management and performance information as
detailed in the Agreement.
7.4 The Buyer may at any reasonable time visit the offices, workshops or
other premises of the Supplier or its sub-contractors to inspect or test
finished goods or to check progress, inspect, test or witness the tests of
the materials used in the fabrication or manufacture of the goods by the
Supplier or its sub-contractors.
8 PRODUCTION SPECIFICATION
8.1 All Goods supplied shall be fit for the purpose and comply with all relevant
standards.
9 AMENDMENT TO PRODUCT RANGE
9.1 All amendments to items maintained will be notified to the Supplier solely
by the SUPC Computing Convener or SUPC Regional Purchasing Co-
ordinator.
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10 SUBSTITUTIONS
10.1 The Supplier is expected to supply any product for which they have
tendered in the Price Schedule or amended by agreement. If the Supplier
is unable to supply the exact type of product requested they must inform
the Buyer, giving sound justification, before delivery is due to be made. If
the reasons given are unacceptable, then the Supplier shall supply a
better quality type of product than that ordered and shall charge the
product supplied at the price of that originally ordered.
11 FAILURE TO DELIVER
11.1 If the Supplier fails to deliver the Goods ordered at the agreed time :
11.1.1 the Supplier shall make good such omissions within 24 hours
with the correct items or accepted substitutions at the discretion
of the Buyer, or
11.1.2 the Buyer shall be entitled to obtain the Goods elsewhere and
the Supplier shall indemnify the Buyer against all expenses
arising from it in relation to such failure on their part.
12 E PROCUREMENT
12.1 If requested by the Buyer, the Supplier shall accept the use of corporate
purchasing cards at no additional costs to the Buyer
12.2 If requested by the Buyer the Supplier shall participate in the e-
procurement system of the Buyer‟s choice. This shall be at no additional
costs to the Buyer providing that any ongoing Supplier costs do not
exceed the costs of purchasing cards.
13 PUBLICITY
13.1 Unless expressly permitted in writing by the Southern Universities
Purchasing Consortium the Supplier shall not publish or permit to be
published either alone or in conjunction with any other person any
information, articles, photographs or other illustrations relating to or
connected with this Agreement or the work of the Buyer. This clause shall
not preclude the Buyer and the Supplier from mutually agreeing to
promotional or publicity initiatives regarding the supply of Goods to the
Buyer‟s Institution.
14 CONFIDENTIAL INFORMATION
14.1 The Supplier shall maintain in confidence all information provided to the
Supplier by Southern Universities Purchasing Consortium and the Buyer
contained in this Agreement and all information developed or arising from
the execution of this Agreement. The Supplier may only disclose the same
to the extent necessary to effect the execution of the Agreement and after
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obtaining from any relevant third party appropriate protection acceptable
to Southern Universities Purchasing Consortium or the Buyer as to
confidentiality.
15 THE SUPPLIER'S INSOLVENCY
15.1 If the Supplier becomes insolvent or bankrupt or (being a Company) make
an arrangement with their creditors or have an administrative receiver or
administrator appointed or commence to be wound up (other than for the
purpose of amalgamation or reconstruction) Southern Universities
Purchasing Consortium may without replacing or reducing any other of
their rights terminate the Agreement with immediate effect by written
notice to the Supplier or any person in whom the Agreement may have
become vested.
15.2 If the ownership of the Supplier changes during the period of the
Agreement then Southern Universities Purchasing Consortium may
without replacing or reducing any other of their rights terminate the
Agreement with immediate effect by written notice to the Supplier or any
person in whom the Agreement may have become vested.
16 NON-OBSERVANCE OF CONDITIONS
16.1 If the Supplier breaches or fails to observe any provision of these Articles
of Agreement Southern Universities Purchasing Consortium may give the
Supplier written notice of such breach or non-observance. The Supplier
shall have 5 working days from receipt of the notice in which to rectify the
breach or non-observance.
16.2 Should the Supplier fail to rectify the breach or non-observance, then
Southern Universities Purchasing Consortium shall have the right to give
the Supplier three months written notice of terminating the Agreement.
17 WAIVER
17.1 A failure at any time to enforce any provision of the Agreement shall in no
way affect the right at a later date to require complete performance of the
Agreement, nor shall the waiver of the breach of any provision be taken or
held to be a waiver of any subsequent breach of the provision or be a
waiver of the provision itself.
18 NOTICE
18.1 All notices and communications required to be sent by either party in this
Agreement shall be made in writing and sent by first class mail and if sent
to the Supplier sent to the Supplier's registered head office and if sent to
Southern Universities Purchasing Consortium sent to their registered
head office and if sent to the Buyer sent the address as detailed on the
Purchase Order and shall be deemed to have reached the party to whom
it is addressed on the next business day following the date of posting.
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19 AUTHORISED PARTIES
19.1 All members of Southern Universities Purchasing Consortium as detailed
on the Southern Universities Purchasing Consortium web-site are
authorised to use this Agreement and issue Purchase Orders to the
Supplier.
19.2 All members of the other Regional Purchasing Consortia listed in the
Background Information and Instructions are also authorised to use this
Agreement and issue Purchase Orders to the Supplier.
20 BUSINESS ETHICS AND CONFLICT OF INTEREST
20.1 The Supplier shall establish and maintain appropriate business standards,
procedures and controls including those necessary to avoid any real or
apparent impropriety or to prevent any action or conditions which could
result in conflict with the Buyer's best interests. This obligation shall apply
to the activities of the employees and agents of the Supplier in their
relations with the employees of the Buyer and Third Parties arising from
this Agreement. Supplier's efforts shall include, but not be limited to,
taking all reasonable steps to prevent its employees or agents from
making, receiving, providing or offering gifts or entertainment of more than
nominal value, payments, loans or other considerations to anyone for the
purpose of influencing individuals, firms or bodies corporate to act
contrary to the Buyer's best interests.
21 INDEMNITY
21.1 The Supplier agrees to indemnify the Buyer against any loss or damage
sustained by the Buyer arising directly or indirectly from the Supplier's
failure to comply with its obligations under this Agreement.
22 ASSIGNMENT AND SUB-CONTRACTING
22.1 The Supplier shall not assign or sub-contract this Agreement or any part
thereof without the prior written permission of Southern Universities
Purchasing Consortium. Any such permitted sub-contracting shall not
relieve the Supplier of its obligations under the Agreement and shall not
create any contractual relationship between Southern Universities
Purchasing Consortium and the Supplier's sub-contractor(s).
22.2 The Supplier shall not assign or sub-contract any Purchase Order made
under this Agreement without the prior written agreement of the Buyer.
23 VARIATIONS
23.1 The Supplier shall not alter any terms of this Agreement without the prior
written consent of Southern Universities Purchasing Consortium
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24 LANGUAGE
24.1 The ruling language of this Agreement shall be English
25 ENVIRONMENT
25.1 The Supplier shall at all times execute this Agreement with the utmost
regard to the protection of the environment and in accordance with any
environmental policy/statement which they may have.
26 EQUALITY
26.1 The Supplier will comply with legislation for the prevention of
discrimination on the grounds of disability, colour, nationality, race, sex,
sexual orientation, age, religion and belief and the promotion of race
equality. The Supplier is required where appropriate to provide
information to the Buyer on its compliance with legislation and its
practices and procedures to prevent unlawful discrimination and to
promote race equality and equal opportunities.
26.2 The Supplier shall not discriminate directly or indirectly against any
person on grounds of their colour, race, nationality or ethnic or national
origins contrary to Part II of the Race Relations Act 1976
(Discrimination in the Field of Employment) and/or contrary to Part III of
the Act (Discrimination in Other Fields) either in employment or in
service and/or contravene Part IV of the Act (Other Unlawful Acts).
26.3 The Supplier shall comply with the provisions of Section 7 of the Act in
all dealings with sub-contractors.
26.4 The Supplier shall in performing the Contract comply with the
provisions of Section 71 (1) of the Race Relations Act 1976 as
amended by the Race Relations Amendment Act 2000 and the Race
Regulations Act 1976 (Amendment) Regulations 2003 as if the
Contractor were a body within the meaning of Schedule 1A to the Act.
26.5 Where in connection with this Contract, the Suppliers, its agents or sub-
contractors, or the Supplier‟s staff are required to carry out work on the
Buyer‟s premises or alongside the Buyer‟s employees or students on
any other premises, the Supplier shall comply with the Buyer‟s policies
and codes of practice relating to racial discrimination and equal
opportunities.
26.6 The Supplier shall monitor its own employees by reference to their
racial origins and ethnicity, and provide such information on request to
the Buyer.
26.7 The Supplier shall provide such information as the Buyer requires
about its policies and practices concerning the prevention of unlawful
discrimination and the promotion of equal opportunities and race
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equality both in terms of employment and customer service. The
Supplier shall have regard to the promotion of race equality and shall
consider the promotion of race equality and good race relations as key
objectives of the contract.
26.8 The Buyer and Supplier shall continue to monitor the performance and
objectives of the contract throughout its duration and to make any
amendments or changes necessary to the contract, or its performance
or objectives in order further to promote race equality.
26.9 The Supplier shall notify the Buyer immediately in writing as soon as it
becomes aware of any investigation or proceedings brought against it
under the Race Relations Act 1976, Race Relations Amendment Act
2000 and Race Relations Act 1976 (Amendment) Regulations 2003 as
amended.
26.10 Where any investigation is undertaken by a person or body empowered
to conduct such an investigation and/or proceedings are instituted
following such an investigation against the Supplier or against the
Buyer either in connection with any contract awarded to the Supplier or
generally, the Supplier shall, without charge:-
i) provide any information requested in the timescale allotted;
ii) attend and permit its employees to attend any meetings as
required;
iii) allow access to and investigation of any documents or data
deemed to be relevant to the investigation;
iv) allow itself and any of its employees to appear as witnesses in
any proceedings; and
v) co-operate fully with the person or body conducting the
investigation.
26.11 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 any such investigation or
proceedings, the Supplier shall indemnify the Buyer with respect to all
costs, charges and expenses (including legal and administrative
expenses) incurred by the Buyer during or in connection with any such
investigation or proceedings and further indemnify the Buyer for any
compensation, damages, costs or other award the Buyer may be
ordered or required to pay to a third party.
26.12 If a finding of unlawful discrimination or breach of equal opportunities
legislation is made against the Supplier or against the Buyer arising
from the conduct of the Supplier, the Buyer will require the Supplier to
take immediate remedial steps to prevent further recurrences.
26.13 If the Supplier enters into any sub-contract as authorised in this
Contract in connection with this Contract, it shall impose obligations on
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its sub-contractors terms which are identical to those imposed on it in
this section. The Buyer expects that the Supplier will not sub-contract
to any business, service or group which has a poor history of
discrimination in employment or service delivery. A breach of this
clause will be considered as a fundamental breach of the contract
between the Buyer and the Supplier.
26.14 Without prejudice to its remedies set out above, the Buyer may
terminate the contract if notice has been given to the Supplier of a
substantial or persistent breach of this section providing that a
reasonable period has been given during which the breach may have
been rectified and the Supplier has failed to remedy the breach within
the stated period.
27 FREEDOM OF INFORMATION
27.1 The Supplier acknowledges that the Buyer is a Public Authority for the
purposes of the Freedom of Information Act 2000 (the “FOIA”) and that
the Buyer is under a general obligation to make all information held by it,
available to the general public on request, unless an exemption under the
FOIA applies.
27.2 The Supplier confirms that in providing any information to the Buyer in
connection with this Agreement, it accepts that the Buyer may need to
disclose such information under the FOIA.
27.3 If the Supplier has a reasonable belief that any of the information that it
has or is to be provided in connection with this Agreement is
„Confidential‟, then the Supplier must provide a specific written Notice to
the Buyer, informing the Buyer of exactly which information the Supplier
believes is confidential AND providing the Buyer with the Supplier‟s
reasonable rationale for its belief that such information is confidential.
Unless and until the Supplier has provided the Buyer with a satisfactory
notice and explanation (to be decided at the sole discretion of the Buyer),
then the Buyer shall be at liberty to disclose the information as it deems
necessary, to comply with the FOIA.
27.4 The Supplier further confirms that notwithstanding Clause 27.3 above and
Clause 14, any information provided by the Supplier to the Buyer in
connection with this Agreement, may be released to any third party under
the following circumstances:
27.4.1 A Public Access Request is validly received under the FOIA and
the Buyer is unable to refuse disclosure by applying any of the
exemptions under the FOIA;
27.4.2 A Subject Access Request is validly received under the Data
Protection Act 1998 (the “DPA”) and the Buyer is unable to refuse
disclosure by applying any of the exemption under the DPA;
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27.4.3 The Buyer is compelled to release the information under any other
Legislation, Regulation or other similar directive or order etc;
27.4.4 The Buyer is compelled to release the information under an order
from a Court or other similar body of competent jurisdiction;
27.4.5 The information has entered the public domain other than by the
Buyer‟s breach.
27.5 In the case of a necessary disclosure, the Buyer will attempt to discuss
such disclosure with the Supplier. However the Buyer will be under no
obligation to so consult with the Supplier and retains the absolute right to
disclose the necessary information in accordance with Clause 27.4 above
or otherwise.
27.6 The Supplier confirms that if the Buyer is required to disclose any of the
information provided by the Supplier in connection with this Agreement,
then the Supplier will use its best endeavours to assist the Buyer to
comply with its obligations in this respect.
27.7 The Supplier warrants that the information that it provides to the Buyer in
connection with this Agreement will:
27.7.1 be accurate;
27.7.2 not infringe the intellectual property rights of any third party; and
27.7.3 not be defamatory, blasphemous, obscene, racially offensive, or
unlawful in any other way.
27.8 Except in the case of death or personal injury or fraud, the Buyer will be
under no liability to the Supplier whatsoever (whether in contract, tort
(including negligence), breach of statutory duty, restitution or otherwise)
for any injury, death, damage or 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) howsoever
caused arising out of or in connection with the disclosure of information
provided by the Supplier to the Buyer in connection with this Agreement.
27.9 The Supplier agrees to indemnify, keep indemnified and hold harmless
the Buyer from and against all costs (including the costs of enforcement),
expenses, liabilities, 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 Buyer incurs or suffers in respect of any of the
information provided by the Supplier in connection with this Agreement.”
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28 PERSONNEL
28.1 All personnel employed by the Contractor for the purpose of performing
this Contract must be fully trained, suitably qualified and experienced, and
shall fulfil their duties in a professional, ethical manner, consistent with the
University‟s commitment to equal opportunities and race equality and high
standards of behaviour.
29 APPLICABLE LAW
29.1 The construction, validity, performance and execution of this Agreement
shall be governed by and interpreted in accordance with English Law and
shall be subject to the exclusive jurisdiction of the Courts of England and
Wales.
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APPENDIX A - TERMS AND CONDITIONS OF PURCHASE
CONTENTS
1. Definitions
2. The Agreement
3. Price
4. Variations
5. Right of Rejection and Cancellation (Buyer)
6. Substitutions
7. Quality and Description
8. Work on Customer's Premises
9. Progress and Inspection
10. Package
11. Safety
12. Delivery
13. Late Delivery
14. Property and Risk
15. Acceptance
16. Payment
17. Corporate Purchase Cards
18. Supplier‟s Warranty
19. Indemnity and Insurance
20. Recovery of Sums Due
21. Matters Beyond Control
22. Articles on Loan and Use of Information
23. Ownership of Results
24. Infringement of Patents
25. Notice
26. Amendment
27. Law
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1 DEFINITIONS
1.1 'The Buyer' means the member institution of the Higher Education
Institution (HEI) who is placing the Purchase Order and its employees,
sub-contractors or agents.
1.2 'The Supplier' means the person, firm or company to whom the Purchase
Order is addressed and any employees, sub-contractors or agents of said
person, firm or company.
1.3 'Goods' means the materials, articles, works and services described in the
Agreement
1.4 'Package' means any type of package including bags, cases, carboys,
cylinders, drums, pallets, tank wagons and other containers.
1.5 'Authorised Officer' means the Buyer's employee authorised, either
generally or specifically, by the Buyer to sign the Buyer's Purchase Order.
1.6 'Authorised' means signed by one of the Buyer's Authorised Officers.
1.7 'Purchase Order' means the Buyer's authorised Purchase Order.
1.8 'Order Amendment' means the Buyer's authorised Order Amendment or
series of Order Amendments, each order amendment having precedence
over any earlier Order Amendment.
1.9 'Agreement' shall comprise the documents detailed in Section l Form of
Agreement, the Purchase Order and any other documents (or part
document) referred to.
1.10 'Price' has the meaning given in Condition 3 below.
1.11 'Sale of Goods Act 1979' shall mean the Sale of Goods Act 1979, as
amended by the Sale and Supply of Goods Act 1994.
1.12 'Supply of Goods and Services Act 1982' shall mean the Supply of Goods
and Services Act 1982 as amended by the Sale and Supply of Goods Act
1994.
2 THE AGREEMENT
2.1 The Agreement shall not include any of the Supplier's Conditions of Sale,
notwithstanding reference to them in any document. However, should this
Agreement be held, by a court of competent jurisdiction, to include The
Supplier's terms and conditions of sale then in the event of any conflict or
apparent conflict these Terms and Conditions of Purchase shall always
prevail over the Supplier's Terms and Conditions of Sale. Delivery of
Goods in response to a Purchase Order or Order Amendment shall be
taken to imply that the Supplier has accepted the Terms and Conditions of
the Agreement.
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3 BASIS OF PRICES
3.1 The Supplier shall supply the Goods in accordance with the price stated in the
Agreement. The price shall include storage, packing, insurance, delivery,
installation and commissioning (as applicable), but shall exclude VAT.
4 VARIATIONS
4.1 The Buyer shall have the right, before delivery, to send the Supplier an
Order Amendment adding to, deleting or modifying the Goods. If the
Order Amendment will cause a change to the price or delivery date then
the Supplier must suspend performance of the Purchase Order and notify
the Buyer without delay, calculating the new price and delivery date at the
same level of cost and profitability as the original price, the Supplier must
allow the Buyer at least ten working days to consider any new price and
delivery date. The Order Amendment shall take effect when, but only if
the Authorised Officer accepts in writing the new price and delivery date
within the time stipulated by the Supplier. If the Authorised Officer fails to
confirm the order amendment within the time stipulated by the Supplier
then performance of the Agreement shall immediately resume as though
the said Order Amendment had not been issued (except that The Buyer
may still exercise right of cancellation in accordance with Condition 5).
5 BUYER'S RIGHT OF REJECTION AND CANCELLATION
5.1 The Buyer shall be entitled to reject any Goods which are not of the type
or quality ordered, or in any respect not in accordance with the
requirement of the Agreement. On notice of rejection the Supplier, at their
expense, shall immediately remove the rejected Goods. Where possible
the Buyer shall, by any means, give the Supplier notice of rejection within
three days of delivery.
5.2 In addition to the Buyer's other rights of cancellation under this
Agreement, the Buyer may cancel the Purchase Order and any Order
Amendment thereto at any time by sending the Supplier a notice of
termination. The Supplier will comply with any instructions that the Buyer
may issue with regard to the Goods. If the Supplier submits a termination
claim then the Buyer will pay the Supplier the cost of any commitments,
liabilities or expenditure, excluding loss of profits, which, in the Buyer's
reasonable opinion, were a consequence of this cancellation. The total of
all payments made or due to the Supplier under this Agreement, including
any termination payment shall not exceed the price of the Goods. If the
Supplier fails to submit a termination claim within three months of the date
of the Buyer's notice of termination then the Buyer shall have no further
liability under the Agreement.
6 SUBSTITUTIONS
6.1 The Supplier is expected to supply all of the Goods covered within this
Agreement. If the Supplier is unable to supply the exact type of Goods
ordered then the Supplier shall advise the Buyer accordingly and shall,
with the prior agreement of the Buyer, supply alternative Goods of equal
or better quality at the same prices as the Goods originally ordered.
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7 QUALITY AND DESCRIPTION
7.1 The goods shall:
7.1.1 conform in every respect with the provision of the Agreement;
7.1.2 be capable of all standards of performance specified in the
Agreement;
7.1.3 be fit for any purpose made known to the Supplier expressly or by
implication and in this respect the Buyer shall rely on the
Supplier's skill and judgement;
7.1.4 be new unless otherwise specified on the Purchase Order and be
of sound materials and skilled and careful workmanship;
7.1.5 correspond to their description or any samples, patterns,
drawings, plans and specifications referred to in the Agreement;
7.1.6 be of satisfactory quality;
7.1.7 comply with any current legislation.
7.2 Unless specifically required under the Agreement, there shall be no
asbestos content in the Goods.
8 WORK ON THE BUYER'S PREMISES
8.1 If the Agreement involves any works or services which the Supplier
performs on the Buyer's premises then the following conditions shall
apply:
8.1.1 The Supplier shall ensure that their employees, their sub-
contractors and any other person associated with them will
adhere in every respect to the obligations imposed on them by
current safety legislation.
8.1.2 The Supplier shall ensure that their employees, their sub-
contractors and any other person associated with them will
comply with any regulations that the Buyer may notify to the
Supplier in writing.
9 PROGRESS AND INSPECTION
9.1 The Supplier shall at their expense, provide any programmes of
manufacture and delivery that The Buyer may reasonably require. The
Supplier shall notify the Buyer without delay in writing if their progress falls
behind or may fall behind any of these programmes.
9.2 The Buyer shall have the right to check progress at The Supplier's works
or the works of sub-contractors at all reasonable times, to inspect and to
reject Goods that do not comply with the Agreement. The Supplier's sub-
contractors shall reserve such rights for the Buyer.
9.3 Any inspection or approval shall not relieve The Supplier from their
obligations under this Agreement.
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10 PACKAGE
10.1 Unless otherwise stated in the Agreement, all package shall be non-
returnable. If the Agreement states that package is returnable, the
Supplier must give the Buyer full disposal instructions before the time of
delivery. The package must be clearly marked to show to whom it
belongs. The Supplier must pay the cost of all carriage and handling for
the return of package. The Buyer shall not be liable for any package lost
or damaged in transit.
11 SAFETY
11.1 The Supplier shall observe all legal requirements of the United Kingdom,
European Union and relevant international agreements in relation to
health, safety and environment, and in particular to the marking of
Hazardous Goods, the provision of data sheets for hazardous materials
and all provisions relating to food.
12 DELIVERY
12.1 The Goods shall be properly packed, secured and despatched at The
Supplier's expense to arrive in good condition at the time or times and the
place or places specified in the Agreement. If the Supplier fails to obtain a
receipt from an authorised person the Buyer disclaims all responsibility for
the security of Goods delivered. Under no circumstances shall Goods be
left at any premises unattended.
12.2 Deliveries shall only be made during those hours when the establishment
is normally open for the receipt of goods.
12.3 For each and every delivery made under this Agreement the Supplier
shall issue a delivery note stating the full delivery address and a full and
proper description of the Goods supplied, quantity and official Purchase
Order number. The delivery note shall accompany the Goods from the
place of packing to the place of delivery.
12.4 The Buyer shall retain one copy of the delivery note and the Supplier shall
ensure that they retain documentary proof for delivery purposes. The
Supplier shall allow sufficient time for Goods to be properly examined and
to obtain any necessary receipts.
12.5 If The Supplier or their carrier deliver any Goods at the wrong time or to
the wrong place then The Buyer may deduct from the price any resulting
costs of storage or transport.
13 LATE DELIVERY
13.1 If the Goods or any part of them are not delivered by the time or times
specified in the Agreement then the Buyer may, by written notice, cancel
any undelivered balance of the Goods. The Buyer may also return for full
credit and at the Supplier's expense any Goods that in The Buyer's
opinion cannot be the used owing to this cancellation. The Buyer may
have the Goods supplied by alternative means and any additional costs
reasonably so incurred shall be at The Supplier's expense. This shall not
affect any other rights that The Buyer has.
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14 PROPERTY AND RISK
14.1 Have been delivered and shall insure accordingly.
14.2 Ownership of the Goods shall pass to the Buyer
14.2.1 when the Goods have been delivered, but without prejudice to the
Buyer's right of rejection under this Agreement, and
14.2.2 if the Buyer makes any advance or stage payment, at the time
such payment is made, in which case the Supplier must as soon
as possible mark the Goods as the Buyer's property.
15 ACCEPTANCE
15.1 The Buyer shall have the right to reject the Goods in whole or in part
whether or not paid for in full or in part within a reasonable time of
delivery if they do not conform with the requirements of this Agreement.
It is agreed that the Buyer may exercise the right of rejection
notwithstanding any provision contained in Section 11 or Section 15A or
Section 30 (subsections 2A and 2B) or Section 35 of the Sale of Goods
Act 1979. The Buyer shall give the Supplier a reasonable opportunity to
replace the Goods with new Goods that conform with this Agreement,
after which time The Buyer shall be entitled to cancel the Purchase
Order and purchase the nearest equivalent Goods elsewhere and any
additional costs reasonably so incurred shall be at The Supplier's
expense. In the event of cancellation under this condition the Supplier
shall promptly repay any monies paid under the Agreement without any
retention or offset whatsoever. Cancellation of the Purchase Order
under this condition shall not affect any other rights The Buyer may
have. The Supplier must collect all rejected Goods within a reasonable
time of rejection or The Buyer shall return them to the Supplier at the
Supplier's risk and expense.
16 PAYMENT
16.1 Unless stated otherwise in the Agreement or on the Purchase Order the
Buyer shall pay the Supplier within thirty days of receipt of a correct
invoice and delivery of the Goods whichever is the later. The Supplier's
invoice must be addressed to the department indicated on the Purchase
Order and must quote the full Purchase Order number, details and
quantity of Goods supplied and the price calculated within the terms of
the Agreement. The Buyer shall not be held responsible for delays in
payment caused by the Supplier's failure to comply with the Buyer's
invoicing instructions.
17 CORPORATE PURCHASE CARDS
17.1 The Supplier shall if requested by the Buyer accept the use of corporate
purchasing cards at no additional costs to the Buyer.
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18 THE SUPPLIER'S WARRANTY
18.1 It is expressly agreed between both parties that:
18.1.1 The Supplier shall promptly make good at their expense any
defect in the Goods that the Buyer discovers under proper usage
during the first twelve months of actual use or eighteen months
from the date of acceptance by The Buyer, whichever period shall
expire first. Such defects may arise from the Supplier's faulty
design, The Supplier's erroneous instructions as to use or
inadequate or faulty materials or poor workmanship or any other
breach of the Supplier's obligations whether in this Agreement or
in Law.
18.1.2 Repairs or replacements will themselves be covered by the above
warranty, but for a period of twelve months from acceptance by
the Buyer.
18.1.3 The Supplier will ensure that compatible spares are available to
facilitate repairs (where applicable) for a period of at least ten
years from the date of delivery of the Goods.
19 INDEMNITY AND INSURANCE
19.1 The Supplier shall indemnify The Buyer against all loss, actions, costs,
claims, demands, expenses and liabilities whatsoever (if any) which The
Buyer may incur either in common law or by statute in respect of personal
injury to or death of any person or in respect of any loss or destruction of
or damage to property (other than as a result of any default or neglect of
ourselves or any person for whom he Buyer is responsible) which shall
have occurred in connection with any work executed by the Supplier
under this Agreement or shall be alleged to be attributable to some defect
in the Goods.
19.2 This Purchase Order is given on the condition that (without prejudice to
the generality of Condition 19(a)) the Supplier will indemnify the Buyer
against all loss, costs, claims, demands, expenses and liabilities
whatsoever (if any) which the Buyer may incur either at Common Law or
by statute (other than as a result of any default or neglect of the Buyer or
of any person for whom The Buyer is responsible) in respect of personal
injury to or death of any of the Supplier's or the Buyer's employees,
agents, sub-contractors or other representatives whilst on the Buyer's
premises whether or not such persons are (at the time of such personal
injury or deaths are caused) acting in the course of their employment.
19.3 The Supplier will indemnify the Buyer against any and all loss, costs,
expenses and liabilities caused to the Buyer whether directly or as a result
of the action, claim or demand of any third party by reason or any breach
by the Supplier of these conditions or any terms or obligations on their
part implied by the Sale of Goods Act 1979, the Supply of Goods and
Services Act 1982 or any other statue or statutory provision relevant to the
Agreement or to Goods or work covered thereby. This indemnity shall not
be prejudiced or waived by any exercise of the Buyer's rights under
Condition 14.
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19.4 The Supplier shall hold satisfactory insurance cover with a reputable
insurer to fulfil their insurance obligations for the duration of this
Agreement including public liability insurance cover of at least £5M (five
million pounds Sterling) . The Supplier shall effect insurance against all
those risks arising from their indemnity in Condition 19(c). Satisfactory
evidence of such insurance and payment of current premiums shall be
shown to The Buyer upon request
20 RECOVERY OF SUMS DUE
20.1 Whenever under the Agreement any sums of money shall be recoverable
from or payable by the Supplier, they may be deducted from any sums
then due, or which at any later time may become due to the Supplier
under this Agreement or under any other Agreement the Supplier may
have with the Buyer.
21 MATTERS BEYOND CONTROL
21.1 If either party is delayed or prevented from performing its obligations
under this Agreement by circumstances beyond the reasonable control of
either party (including without limitation any form of Government
intervention, strikes and lock-outs relevant to the Purchase Order or
breakdown of plant), such performance shall be suspended, and if it
cannot be completed within a reasonable time after the due date as
specified in the Purchase Order, then the Purchase Order may be
cancelled by either party. The Buyer shall pay to the Supplier such sum
as may be fair and reasonable in all the circumstances of the case in
respect of work that the Buyer have received full benefit as originally
contemplated in the Agreement. This provision can have effect only if it is
called into operation by the party wishing to rely on it giving written notice
to the other to that effect.
22 ARTICLES ON LOAN AND USE OF INFORMATION
22.1 All tools, materials, drawings, specifications and other equipment and data
('The Articles') loaned by the Buyer to the Supplier in connection with the
Agreement shall always remain the Buyer's property and be surrendered
to the Buyer upon demand in good and serviceable condition (fair wear
and tear allowed) and are to be used by the Supplier solely for the
purpose of completing the Agreement. The Supplier shall not copy of any
of the Articles without the consent in writing of the Authorised Officer.
Until the Supplier returns all the Articles to the Buyer they shall be at the
Supplier's risk and insured by the Supplier at their expense. All scrap
arising from the supply of such Articles must be disposed of at the Buyer's
discretion and all proceeds of sales of such scrap must promptly be paid
to the Buyer in full.
22.2 Any information derived from the Buyer's property or otherwise
communicated to the Supplier in connection with the Agreement shall be
kept secret and confidential and shall not, without the consent in writing of
the Authorised Officer, be published or disclosed to any third party, or
made use of by the Supplier except for the purpose of implementing the
Agreement.
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23 OWNERSHIP OF RESULTS
23.1 If the Agreement involves design and/or development work
23.2 All rights in the results of work arising out of or deriving from this
Agreement, including inventions, designs, copyright and knowledge, shall
be the Buyer's property and the Buyer shall have the sole right to
determine whether any letters patent, registered design, trademark and
other protection shall be sought.
23.3 The Supplier shall promptly communicate to the Buyer all such results and
shall if requested and at the Buyer's expense do all acts and things
necessary to enable the Buyer or their nominee to obtain letters patent,
registered designs and other protection for such results in all territories
and to assign the same to the Buyer or their nominee.
23.4 The Supplier shall ensure that all technical information (including
computer programmes and programming information) arising out of or
deriving from this Agreement is held in strict confidence except for any
such information which becomes public knowledge other than by breach
of this Agreement.
24 INFRINGEMENT OF PATENTS
24.1 With the exception of goods made to the Buyer's design or instructions,
the Supplier shall warrant that neither the Goods nor the Buyer's use of
them will infringe any patent registered, design trade mark, copyright or
other protected right and undertake to indemnify the Buyer against all
actions, claims, demands costs, charges and expenses arising from or
incurred by reason of any infringement or alleged infringements of any
such right.
25 NOTICE
25.1 All notices and communications required to be sent by the Supplier or the
Buyer in this Agreement shall be made in writing and sent by first class
mail and if sent to the Supplier sent to their registered or head office and if
sent to the Buyer sent to the address as detailed on the Purchase Order
and shall be deemed to have reached the party to whom it is addressed
on the next business day following the date of posting.
26 AMENDMENT
26.1 No addition, alteration or substitution of these conditions will bind the
Buyer or form part of the Agreement unless and until accepted in writing
by the Authorised Officer.
27 LAW
27.1 This Agreement shall be subject to English Law and the jurisdiction of the
English Courts.
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SECTION IV – PRICE and SERVICE SCHEDULE
1. Price Schedule
8 Hour 4 Hour
Response Response
1. PC's & Laptops Time Time
PC including CRT Monitor up to 17" £18.00 £21.00
PC including TFT Monitor up to 17" £18.00 £21.00
Additional Charge for CRT Monitors 17" - 19" Included Included
Additional Charge for TFT Monitors 17" - 19" Included Included
Additional Charge for CRT Monitors above 19" £5.00 £5.00
Additional Charge for TFT Monitors above 19" £5.00 £5.00
All in One PC up to 17" £18.00 £21.00
All in One PC 17" - 19" £18.00 £21.00
All in One PC above 19" £23.00 £26.00
Laptops £18.00 £21.00
8 Hour 4 Hour
Response Response
2. Printers Time Time
Desktop Inkjet A4 £10.00 £12.00
Desktop Inkjet A3 £15.00 £18.00
Desktop Impact £10.00 £12.00
Line Printers £650.00 £750.00
A4, up to 16ppm Mono Laser £18.00 £21.00
A4, 16 - 32ppm Mono Laser £18.00 £21.00
A4, 32 - 45ppm Mono Laser £25.00 £30.00
Colour Laser A4 £125.00 £150.00
Colour Laser A3 £275.00 £325.00
Multifunctional Printer £18.00 £21.00
8 Hour 4 Hour
Response Response
3. Apple Macs Time Time
eMac up to 1.4GHz 17” CRT £45.00 £52.00
iMac up to 2.0GHz 17” LCD £48.00 £55.00
iMac up to 2.0GHz 20” LCD £48.00 £55.00
PowerMac up to G5 1.8GHz £48.00 £55.00
PowerMac up to G5 2.0GHz £48.00 £55.00
PowerMac up to G5 2.3GHz £48.00 £55.00
PowerMac up to G5 2.7GHz £48.00 £55.00
Cinema Display up to 20” £10.00 £12.00
Cinema Display 23” £24.00 £27.00
Cinema Display 30” £48.00 £55.00
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8 Hour 4 Hour
Response Response
4. Scanners Time Time
Scanner up to A4 £9.00 £12.00
Scanner up to A3 £24.00 £30.00
8 Hour 4 Hour
Response Response
5. Peripherals Time Time
External ZIP Drive Included Included
External Hard Disk Drive Included Included
External Floppy Drive Included Included
External DVD/CD Drive Included Included
External DAT Drive £9.00 £11.00
External DLT Drive £18.00 £21.00
The prices quoted in the following tables for servers are indicative prices only due
to the unique configurations of servers.
8 Hour 4 Hour 2 Hour
Response Response Response
6. Servers 1 Time Time Time
Entry Level Single / Dual processor
(1-10 Users) Windows Server OS
1 or 2 discs
£50.00 £70.00 £90.00
eg. 1000 Series Dell Poweredge,
HP Proliant 100 Series, Viglen
IX1000 Series
8 Hour 4 Hour 2 Hour
Response Response Response
7. Servers 2 - Tower Time Time Time
Workgroup Up to 4 processors
(11-50 Users) Windows Server OS
up to 5 discs with RAID
£125.00 £175.00 £225.00
eg. 2000 Series Dell Poweredge,
HP Proliant 300 Series, Viglen
IX2000 Series
Departmental Up to 8 processors
(51-100
Users) Windows Server OS
up to 10 discs with RAID £195.00 £275.00 £355.00
eg. 6000 Series Dell Poweredge,
HP Proliant 500 Series, Viglen
IX4000 Series
Enterprise 8 or more processors
(101+ Users) Windows Server OS
10 or more discs with RAID
£250.00 £350.00 £450.00
eg. 6000/7000 Series Dell
Poweredge, Viglen IX6000 /
IX8000 Series
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8 Hour 4 Hour 2 Hour
Response Response Response
8. Servers 3 - Blade Time Time Time
Workgroup Up to 4 processors
(11-50 Users) Windows Server OS
up to 5 discs with RAID
£50.00 £70.00 £90.00
eg. 2000 Series Dell Poweredge,
HP Proliant 300 Series, Viglen
IX2000 Series
Departmental Up to 8 processors
(51-100
Users) Windows Server OS
up to 10 discs with RAID £100.00 £140.00 £180.00
eg. 6000 Series Dell Poweredge,
HP Proliant 500 Series, Viglen
IX4000 Series
Enterprise 8 or more processors
(101+ Users) Windows Server OS
10 or more discs with RAID
£150.00 £210.00 £270.00
eg. 6000/7000 Series Dell
Poweredge, Viglen IX6000 /
IX8000 Series
8 Hour 4 Hour 2 Hour
Response Response Response
9. Servers 4 - Rack Mounted Time Time Time
Workgroup Up to 4 processors
(11-50 Users) Windows Server OS
up to 5 discs with RAID
£125.00 £175.00 £225.00
eg. 2000 Series Dell Poweredge,
HP Proliant 300 Series, Viglen
IX2000 Series
Departmental Up to 8 processors
(51-100
Users) Windows Server OS
up to 10 discs with RAID
eg. 6000 Series Dell Poweredge,
HP Proliant 500 Series, Viglen £195.00 £275.00 £355.00
IX4000 Series
Enterprise 8 or more processors
(101+ Users) Windows Server OS
10 or more discs with RAID
£250.00 £350.00 £450.00
eg. 6000/7000 Series Dell
Poweredge, Viglen IX6000 /
IX8000 Series
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8 Hour 4 Hour 2 Hour
Response Response Response
10. Servers 5 - Unix Equipment Time Time Time
Workgroup 2 x 1.5GHz UltraSPARC IIIi
(11-50 Users) 2GB
2 x 73GB Drive
4 x 10/100/1000 Gigabit Ethernet £495.00 £550.00 £610.00
2 x PCI X & 2 x PCI E slots
2 x PSU
eg. Sun Fire V245
Departmental 4 GB cache and 8 host ports
(51-100
Users) Rack-Ready Controller Tray
2336GB
16 x 146GB 15Krpm 4GB FC-AL
Drives £3,495.00 £3,850.00 £4,250.00
2 x 2GB-cache memory FC RAID
Controller Cards
2 x copper FC ports for
expansion trays
eg. Sun StorageTek ™ array
4 x 1.8Ghz UltraSPARC IV+
Enterprise Processors with 2MB on-chip L2
(101+ Users) cache and 32MB L3 cache each
8 banks of 2GB memory options
(32 x 512MB DIMMs / 16GB total £6,480.00 £7,200.00 £7,900.00
for the board
3 x Power Supplies, 3 x Fan
Trays, 2 System Coolers
eg. Sun Fire E4900 Base
Cabinet
2. Additional Discounts
2.5% if 3 year contract and payment is made annual in advance.
3. On Site Engineer
ComputerLand are willing to offer an onsite engineer for contracts in the region of
£55,000.
4. Additions and Deletions to Contract
Equipment can be added to a contract at any time and will be charged pro-rata till
the end of the contract year.
Institutions must give 30 days notice for items to be removed from the contract.
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5. Subcontracted Services
Xenon will be subcontracting the following services:
Mannesmann Tally and other Line Printers to Alliance Elite.
Sun Servers (Unix) to SingleSource.
6. Staff & Student Service Provision
Staff
Can you offer Next Business Day Call Out for Staff? Yes
Will you offer loan equipment to Staff if the equipment is not fixed Yes
within 2 working days?
Will you provide the service to Staff at their home address or will Home
they be required to bring the equipment onto site?
Would the member of Staff be permitted to request a call out or
would you expect the Institution to make the call of behalf of the Staff
member of Staff?
Would the member of Staff be required to pay annually in advance Yes
for this service?
Would billing / payment be direct with the member of Staff or through Staff
the Institution?
If you are planning to charge by "call out" would this payment be Staff
direct with the member of Staff or via the Institution?
Would the length of contract with the member of Staff need to be No
inline with the length of contract taken out by the Institution?
Students
Can you offer Next Business Day Call Out for Students? Yes
Will you offer loan equipment to Students if the equipment is not Yes
fixed within 2 working days?
Will you provide the service to Students at their home address, or
Hall of Residence, or will they be required to bring the equipment Home
onto site?
Would the Student be permitted to request a call out or would you
expect the Institution to make the call of behalf of the member of Student
Staff?
Would the Student be required to pay annually in advance for this Yes
service?
Would billing / payment be direct with the Student or through the Student
Institution?
If you are planning to charge by "call out" would this payment be Student
direct with the Student or via the Institution?
Would the length of contract with the Student need to be inline with No
the length of contract taken out by the Institution?
Page 32 of 33
Southern Universities Purchasing Consortium
IT Hardware Maintenance Framework Agreement
SECTION V – AGREED VARIATIONS
FROM CONTRACT TERMS
Clause Area of Non-Compliance Agreed Variation
None
Page 33 of 33
