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Terms and Conditions

 

Revised T&Cs (2023)

The NHS Wales Standard Terms and Conditions of Contract for Goods, Services, Goods and Services and Maintenance of Equipment have been revised and updated in a new version 4 (2023) edition.

NHS Wales Shared Services Partnership on behalf of Health Boards, Trusts and Special Health Authorities across Wales periodically review the NHS Wales Standard Terms and Conditions of Contract for the provision of goods and services awarded to third party commercial providers. The revised and updated terms and conditions reflect the latest legislation and industry best practice.

The new version 4 (2023) edition of the NHS Wales Standard Terms and Conditions of Contract will take effect from 1st August 2023 and only apply to new agreements entered into on or after 1 August 2023.

All competitions, contract awards and purchase orders issued by an NHS Wales organisation must comply with the NHS Wales Standard Terms and Conditions of Contract.

Any existing agreements and contract extensions issued thereunder will continue to be subject to the version 3 (2018) edition of the NHS Wales Standard Terms and Conditions of Contract.

A brief summary of the changes are:

  • Both- new definitions introduced of "Major Incident" and "Critical Incident"
  • Both- Contract Price and Payment clause revised and updated
  • Both- Assignment clause revised and updated
  • Both- Indemnity and Limitation of Liability clause revised and updated
  • Both- Insurance clause revised and updated
  • Both- Term and Termination clause revised and updated
  • Both- Intellectual Property clause revised and updated
  • Both- Data Protection clause revised and updated
  • Both- Information Security clause revised and updated
  • Both- new clause introduced - National Minimum Wage
  • Services- Employee Information and application of TUPE at end of contract clause revised and updated
  • Services- new clause introduced - Revised Code Of Practice On Workforce Matters, Fair Deal policy and Cabinet Office Statement
  • Services - TUPE provisions revised and updated (see Schedule 7)
  • Goods- Delivery clause revised and updated
  • Goods- Time clause revised and updated
  • Goods- new clause introduced - Wellbeing Of Future Generations (Wales) Act 2015
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NHS Wales Standard Terms & Conditions for the Maintenance of Equipment v4 August 2023
 
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NHS Wales Standard Terms & Conditions for the provision of Goods & Services v4 August 2023

 

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NHS Wales Standard Terms & Conditions for the provision of Goods v4 August 2023

 

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NHS Wales Standard Terms & Conditions for the provision of Services v4 August 2023

 

Previous T&Cs (2018)

Following a review with Legal and Risk Services, a new and revised set of Terms and Conditions for Goods and Services are now available for use with effect from 1 May 2018. The main changes include:
  • GDPR provisions update
  • Enhanced Cyber Security provisions
  • Modern Slavery
  • Assistance with supporting Wellbeing of Future Generations (Wales) Act
  • Enhanced TUPE provisions (where applicable)
  • Optional clauses available to tailor to specific projects
A simple set of Guidance Notes are also available.
 
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NHS Wales Standard Terms & Conditions for the Maintenance of Equipment v3 June 2018

 

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NHS Wales Standard Terms & Conditions for the provision of Goods & Services v3 June 2018

 

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NHS Wales Standard Terms & Conditions for the provision of Goods v3 May 2018

 

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NHS Wales Standard Terms & Conditions for the provision of Services v3 May 2018
 

UPDATE: a set of terms and Conditions are also now available covering occasions where both Goods & Services are being procured. In addition a set of Terms and Conditions for the provision of Maintenance are also now available.

Non-Disclosure/Confidentiality Agreements

These are templates where Health Boards are required to have in place Non-Disclosure/Confidentiality Agreements. There are 3 versions

  1. Where there is mutual disclosure between both parties
  2. Where the NHS is the discloser
  3. Where the NHS is the recipient

 

Previous T&Cs (2012)

 

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Supply of Services - v2 Feb 2012

 

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Supply and installation of equipment - v2 Feb 2012

 

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Purchase of Goods - v2 Feb 2012

 

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Maintenance of equipment - v2 Feb 2012