Dear EIMS Vendor (aka supplier)
Welcome to doing business with EIMS. EIMS wants to work together with its Vendors for our mutual benefit and success. These are EIMS’ Terms of doing business with Vendors. We have tried to make our Terms of Business as fair and friendly as possible, and Vendors must agree to and comply with these terms in order to do business with EIMS, and in order for any Vendor Purchase Order (“VPO”) to be valid.
When doing business with a EIMS, Vendors generally want to know:
- Is EIMS a safe company to do business with?
- (When) will I get paid?
Is EIMS a safe company to do business with?
For over 20 years, EIMS has been a profitable, stable, medium-sized company with a healthy, debt-free balance sheet. EIMS has never knowingly failed to pay a debt that was properly and validly due.
We work in a reliable and growing market, serving the Information and Communications Technologies (“ICT”) industry. We have a client base of over 1,000 clients of which typically 100 do business with EIMS at any one time. Our better-known clients include the A-Z of the ICT industry:
- Computer Associates
EIMS is on the preferred supplier list for many of these clients, which means we have been given a clean bill of health by their procurement departments.
Excellent Trade references
Another thing vendors often ask for is trade references from Vendors with whom EIMS has an established trading history. Should you require a reference please contact:
- Bedroq Ltd Tel: 0203 371 6666
- Pro-Active Business Information Tel: 01243 783611
(When) will I get paid?
EIMS is a good payer, in that it pays regularly (monthly) and reliably (when we say we will), but our terms are a minimum of 45 days net monthly. The EIMS group contains several subsidiary companies, each of which has its own payment run. All EIMS finances are managed by one centralised department. With the resources we have available it is impractical to run more than one payment run per month for each company. Many Vendors demand payment terms of 30, 14, 7 or even 3 days from date of invoice; We are sorry but we cannot comply with these terms. If EIMS paid its Vendors faster than its Clients pay, it would run out of cash and become an unreliable payer (which as an EIMS vendor, you don’t want).
Becoming an EIMS Vendor
In order to become an EIMS Vendor, you must be sponsored by an authorised EIMS budget holder, and you must agree to EIMS’ Terms of Business for Vendors.
As part of EIMS’ onboarding process, you will receive a form where you must provide and validate details about your company, including company registration number, tax number and bank details.
So, without further ado, below you will find EIMS’ Terms And Conditions for Vendors:
EIMS Terms And Conditions for Vendors
The large print
From experience, we know it’s best to emphasise the following terms:
- Invoices will automatically be rejected if they do not quote a valid and current EIMS official Purchase Order number (“VPO”). To be valid, VPOs must:
- Be issued by an EIMS director or authorised budget holder, and counter-signed by an authorised member of the EIMS Finance team.
- Have sufficient remaining funds to cover the invoice in its entirety.
- Invalid invoices must be corrected by a credit note for the entire incorrect invoice, and then re-issuing a correct invoice. Part corrections will not be accepted. It is not EIMS’ job to do its Vendors’ admin.
- If EIMS processes an invalid invoice, it is not obliged to process future invalid invoices.
- A VPO does not commit EIMS to pay for undelivered or unsatisfactory goods or services; nor does it commit us to spend the whole amount of the Purchase Order.
- VPOs automatically expire at the end of the corresponding Financial Year (30-September). Special permission must be granted to invoice against expired VPOs.
- Payment Terms are strictly 45 days net monthly. This means EIMS will pay 45 days after:
- The monthly cut-off date following receipt of invoice (which is normally the 15th of the month), or
- Satisfactory receipt of services and/or goods, whichever is the later.
The small print
From experience, we believe the following terms will be uncontentious:
- No payment shall be due prior to the date stipulated by us for the delivery of the goods or the carrying out of the work; we reserve the right to store, reject or return to you any goods delivered prior to the said date stipulated by us for delivery and to deduct from the price thereafter (or to charge to you) the cost of such storage or the cost of the return of goods to you whichever the case maybe. Time for delivery shall be of the essence. The goods must be delivered in the quantities and at the time(s) stated in the order, though we reserve the right to adjust our specified rate at any time.
- Invoices will automatically be rejected if they do not satisfy at least one of the following criteria:
- For goods and services, the invoice quotes a valid and current EIMS official Vendor Purchase Order number
- For temporary staff, The invoice exactly matches our approved agency timesheets.
- The invoice is for the genuine actual and agreed usage of a contracted pay-as-you-use utility.
- Invoices will automatically be rejected if they do not match goods / services supplied or if the descriptions on the invoice do not match the line items on the corresponding EIMS Purchase Order.
- This order or any part thereof must not be sub-contracted or assigned by you without our written consent, nor shall you assign any rights or claims you may have under this order without such consent. Where consent to sub-contract is given, you shall be responsible for any acts and omissions of your sub-contractors in all respects.
- All goods supplied or work carried out must conform to the specification or specifications mentioned on our order or sample furnished to us and in any event be of satisfactory quality and free from defect in material and workmanship.
- You warrant that all goods supplied or work carried out in pursuance of this order will be fit and suitable for the purpose for which they were designed and/or required. It is understood that we are relying on your skill and judgement to select and/or furnish suitable goods and/or carry out suitable works.
- Should any defects occur in the goods supplied or works carried out within a year of delivery or completion of the work or within such a period of time as may be stated on our order, you are if so requested to make good forthwith on being given notice that defects have been discovered, by replacement or repair (at our option) free of charge. We shall however have the right to remedy the defects ourselves or to have them remedied by some other party but you shall, in the event, reimburse us the cost of the work. This condition is without prejudice to other legal remedies including the right to recover damages for consequential loss.
- We shall be entitled to inspect the goods the subject of this order during manufacture and upon delivery. The goods shall not be deemed to be accepted until twenty-eight (28) days after the delivery, during which period we shall have the right to reject the goods if they are in breach of these conditions or defective. Where goods are rejected they will be removed by you forthwith at your own expense. The risk in rejected goods shall pass to you immediately if you are notified of such rejection. If payment has been made for unacceptable goods or services, such payment shall be fully refundable.
- Unless otherwise agreed no charge is to be made for transport or delivery. Cases, pallets and packing materials are to be supplied free of charge. Where requested in writing such items will be returned at your expense but no liability whatsoever will be accepted by us in respect of them.
- All tools patterns materials drawings specifications samples and other data provided by us or made at our expense in connection with this order will remain at all times our property and are to be surrendered to us on completion of the order and are to be used by you solely for the purpose of completing same. All such tools patterns materials drawings specifications samples and other data shall be kept separate from those belonging to you.
- No variation or amendment of this order shall be binding upon us unless issued or confirmed on our official printed order or agreed to in writing signed by our duly authorised representative.
- This order and the subject matter thereof together with all information or samples which you, your employees, officers or representatives may obtain or be given by virtue of the order or the carrying out of this order and relating in any way to our business processes research or property shall be treated as confidential between yourselves and us and shall not be disclosed by you, your employees officers or representatives or any subcontractors of yours to any third party or (except where necessary for the purpose of this order) used by you or any sub-contractor for any purpose whatsoever (including without limitation advertisement display or publication) without our prior consent in writing. It is up to you to ensure that the provisions of this condition are compiled by you, your employees, officers, representatives and sub-contractors.
- If the use or disposition of the goods the subject of this order shall constitute a violation of the intellectual property rights of any third party and we or any persons claiming title from us shall sustain any loss or damage whether costs charges expenses or damages in connection with such claim you shall indemnify us or such person against the amount of the loss or damage. You shall not be liable under this Clause if any such infringement is due solely to your manufacture of goods strictly in accordance with any designs, plans or specifications supplied by us.
- You shall indemnify us against any loss or damage to our property and against any claims in respect of loss damage or injury (including death) made against us by third parties and any costs and expenses arising in connection therewith resulting from your failure to comply with these conditions or your execution of this order (whether negligent or otherwise) and in particular without prejudice to the generality of the foregoing are in consequence of a defect in the goods, their material construction workmanship or design or any work carried out by you. You shall insure any material or property that we may supply to you in connection with our order against any loss or damage which may occur to the same through fire or any other cause whilst in your custody or control.
- Neither the inspection nor acceptance of the subject matter of this order (nor the payment thereof) nor any failure on our part to insist upon the strict performance of any term(s) and/or condition(s) of this order shall be deemed a waiver either of any rights and/or remedies we may have by the virtue of the terms and conditions of this order or of any subsequent default on your part.
- If you fail to proceed with the performance of this order or fail to make delivery or fail to complete the work within the time specified or where no time is specified, within a reasonable time or if we shall have a reasonable doubt as to your ability to complete this order, or any part or parts of it as to which there has been delay or such doubt. If any goods delivered or work carried out in pursuance of this order fail to comply with any of these conditions we may cancel the order as to all goods undelivered or work not completed. These rights shall be in addition to and without prejudice to any other rights or remedies we may have under these conditions or for breach of contract.
- We reserve the right at any time upon fourteen (14) days of notice in writing to vary this order. If such variation involves an increase or decrease in the amount of goods or work specified in the original order or in the cost or time for delivery or performance a fair and reasonable adjustment shall be made in the contract price and /or the delivery schedule and you give us all necessary facilities and information to assist us in agreeing such adjustment(s). Any claim for adjustment under this condition must be received by us within thirty (30) days of the date the change is ordered.
- Our order may be terminated at any time giving you fourteen (14) days prior notice in writing whereupon production on such order shall be stopped. A fair and reasonable price shall be paid for all work in progress at the time of such termination and for goods subsequently received by us and you shall afford as all necessary facilities for ascertaining the extent of such work in progress. Save as aforesaid we shall not be liable for any other loss including without limitation loss of contract, the loss of anticipated profits or for any consequential loss whatsoever. In the event of such termination all claims should be rendered within two (2) months of the written notification after which claims will only be met in exceptional circumstances.
- All terms of the contract resulting from your acceptance of this order are set our herein. Unless any terms discussed or arising from the previous course of business between us are specifically incorporated into the order in writing they shall not form part of the contract. Any written acceptance of the order (unless clearly stated on its face to be a counter offer) or delivery of the goods shall be an unconditional acceptance of the order, and no printed condition appearing on any acceptance form (other than our acknowledgement) delivery form, invoice or other documents emanating from you shall have any effect whatever except insofar as they confirm the terms of this order and the conditions set forth herein.
- All and any other warranties contained in these conditions shall survive termination of the order and shall not be affected by inspection, delivery, acceptance or payment and shall ensure for the benefit of us, our successor and assignees and any end user or recipient thereof.
- We shall not be liable for any representation made or purported to be made by us or on our behalf prior to this order or your acceptance thereof and you acknowledge that your acceptance of this order has not been induced by any such representation.
- All orders and contracts arising therefrom shall be governed and construed in accordance with the Laws of English Law and you agree to submit to the jurisdiction of the English Courts in respect thereof and nothing in these Conditions shall prejudice any condition or warranty (express or implied) or right to remedy to which we are entitled in relation to the material goods or work ordered by virtue of statute and/or common law.
Lots of love,
EIMS Finance Department