Schedule 1: General Order Form


Item 32 Acceptance Testing



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Item 32 Acceptance Testing

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Part 3 Dictionary (clauses 1.2 to 1.4)




Acceptance Test Notification Period is the period from the end of the Acceptance Test Period, within which the Customer must provide to the Contractor written notice of the result of the Acceptance Test.

Specify this period:

If no period is specified, the period is 2 Business Days:





Acceptance Test Data is the data that is provided by the Customer, and agreed by the Contractor that reflects the data the Customer will use in the Deliverable, that is to be used for Acceptance Testing.

Specify the Acceptance Test Data:






Acceptance Test Period is the period for the performance of any Acceptance Tests for any Deliverable.

Specify this period:

If no period is specified, the period is 10 Business Days from the date of delivery of the Deliverable to the Customer.





Acceptance (clause 10.1)




For each Deliverable, specify whether each Deliverable is to undergo Acceptance Testing:

If not, the Deliverable will be Accepted under clause 10.1(a).






If a Deliverable is not to undergo Acceptance Tests, specify the period required following delivery of the Deliverable as required by the Order Documents when the Actual Acceptance Date (AAD) for a Deliverable occurs:

If no period is specified, then the period is 2 Business Days.






Conducting Acceptance Tests (clause 10.3)




For each Deliverable that is to undergo Acceptance Tests, specify details of the Acceptance Testing requirements:




Specify the identification of the Deliverables or part of the Deliverables to be tested:




Specify the allocation of each Party’s responsibilities in relation to testing, including the Party responsible for conducting the Acceptance Tests:




Specify which Party is to provide the test environment, including hardware, software, power, consumables and other resources and when the environment and resources must be ready for use:




Specify the methodology and process for conducting Acceptance Tests:




Specify the scheduling of Acceptance Tests including the Acceptance Test Period and the Acceptance Test Notification Period:




Specify the Acceptance Criteria used to test whether the Deliverable meets the Contract Specification and other requirements of the Customer Contract:




Specify the Acceptance Test Data required:




If an Acceptance Test document has been created that addresses the above points it can be attached to the General Order Form by identifying the document here:




Item 33 Credit/Debit Card

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Payment (clause 11.3)




Specify any credit/ debit card or electronic facility that the Customer may use to pay the Contractor:





Specify any fee that is applicable for payment by credit/debit card




Item 34 Intellectual Property

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Existing Material (clauses 13.7 and 13.9)




Specify any terms and condition applicable for granting a license for Existing Material owned by a third party:




Specify any fees to be charged for any license to use any of Contractor’s Existing Materials:




Customer Owned New Material (clause 13.10)




Specify if clause 13.10 applies, and if so, to which items of New Material:




Item 35 Confidentiality

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Confidentiality (clause 14.1)




Specify if the Contractor must arrange for its Subcontractors to execute a Deed of Confidentiality substantially in the form of – Deed of Confidentiality:




Item 36 Insurance Requirements

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Insurance (clause 16.7)




Level of indemnity of public liability insurance in respect of each claim for the period of cover.

The default requirement in the Customer Contract is $10,000,000

[Only specify if a higher limit of cover that is required by the Customer Contract:]





Level of indemnity of product liability insurance for the total aggregate liability for all claims for the period of cover.

The default requirement in the Customer Contract is $10,000,000

[Only specify if any higher limit of cover that is required by the Customer Contract:]





If Services are being provided under the Customer Contract the default level of indemnity of professional indemnity insurance for the total aggregate liability for all claims for the period of cover is $1,000,000

[Only specify is a higher limit that is required by the Customer Contract:]






Specify any additional insurance that the Contractor is to hold, including the type of insurance, the term of the insurance and the amount of the insurance:




Item 37 Performance Guarantee

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Performance Guarantee (clause 17.2)




Specify if the Contractor must arrange for a guarantor to enter into a Performance Guarantee:




Specify the date by which the Performance Guarantee must be provided to the Customer. If no date is specified the Contractor must provide the Performance Guarantee to the Customer within 30 days of the Commencement Date.




Item 38 Financial Security

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Financial Security (clause 17.4)




Specify if the Contractor must provide a Financial Security:

If so, specify the amount of the Financial Security:






Specify the date by which the Financial Security must be provided to the Customer:

If no date is specified, the Contractor must provide the Financial Security within 14 days of the Commencement Date.






Item 39 Limitation of Liability

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Limitation of Liability (clause 18)




If the Parties cannot agree the amount that is legally payable under the Customer Contract for the:

  • Non-Recurring Service or Product; and/or

  • Short Term Recurring Service

(as applicable) insert the amount that the Parties agree is the best estimate of the Contract Value for the relevant item (the Estimated Contract Price).

Note: It may be necessary to separately identity the amounts payable under a single Customer Contract into separate amounts that are attributable to each of the different types of Product/ Service.



(See the definition of Contract Value in Part 3)

[insert, as applicable, the Estimated Contract Price for the:

  • Non- Recurring Service or Product; and/or

  • Short Term Recurring Service

if applicable]

If Services are being provided under any of the following Modules:

Module 6 – IT Personnel;   Module 7 – Professional Services;  Module 8 – Data Management;  Module 11 – Web Services; Module 16 - Project Management Services;  Module 17 - Change Management Services;  Module 18 - Knowledge Transfer Services; or Module 20 - Whole of Government Requirements



specify whether the Parties regard the relevant Services as being:

  • the supply of a service of the same type on a periodic basis, and so are to be classified as Recurring Services for the purpose of the limitation of liability; or



  • provided in respect of a specific project where the Contractor has been engaged by a Customer to produce, create or deliver a specified outcome or solution that may be subject to Acceptance Testing, in which case the Services are to be classified as Non-Recurring Services for the purpose of the limitation of liability.

(See definition of Non-Recurring Services and Recurring Services in Part 3)

[State either “Non-Recurring Services”/”Recurring Services” if applicable]



Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Specify the alternative cap of liability (clause 18.3):

This section must only be used if the Customer Contract is for Products or Services that are to be used for a Prescribed Use or where the Price Payable exceeds $20,000,000

Item 40 Performance Management Reports

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Reporting (clause 21.1)




Specify the reports required, (if any), the time for provision and the agreed format:




Item 41 Dispute Resolution

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Dispute Resolution (clause 24.11)




Specify the threshold amount in AU$ for issues to be resolved by expert determination under clauses 24.7 to 24.8.




Specify type of issue/s not to be determined by expert determination under clauses 24.7 to 24.8.




Item 42 Termination for Convenience

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Termination for Convenience by the Customer (clause 25.4)




Specify whether an amount is payable under clause 25.4(b) if the Customer exercises its right of termination for convenience under clause 25.3:




Item 43 Additional Conditions

Details to be included from the Customer Contract

Order Details agreed by the Contractor and the Customer

Specify any Additional Conditions:

Note: where the Customer Contract is made under a Head Agreement the Customer must obtain the Contract Authority’s consent where an Additional Condition varies a Protected Clause.






This General Order Form is part of the Customer Contract and incorporates all Parts, terms and conditions and other documents listed in clause 3.8 of Part 2 as if repeated in full in this General Order Form.Signed as aN AGREEMEnt

Signed for and on behalf of [insert name of Customer]






By [insert name of Customer’s Representative] but not so as to incur personal liability









Signature of Customer Representative




Print name




Date

Signed for and on behalf of [insert Contractor’s name and ACN/ABN]











Signature of Authorised Signatory




Print name




Date

: Agreement Documents



Itemise all documentation (including any supplemental terms and conditions agreed to by the Customer, accepted tenders, offers or quotes from the Contractor, and any letter of acceptance or award issued by the Customer) between the Customer and the Contractor. All such documentation must be itemised in this Schedule 2 and listed below in descending date order (i.e. the latest document is listed first.)


Document

Date of Document
































































































































































: Service Level Agreement

This SLA is a sample document only and includes guidance notes in italicised print for consideration in completing the SLA. These are included simply as suggestions. Users should obtain legal or other professional advice in developing an SLA to achieve their objectives and derive maximum benefit from the Service relationship.


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