| Status |
Optional (see Notes section below) |
|---|---|
| Source |
Commonwealth Contract Terms clause C.C.13 available at https://www.finance.gov.au/government/procurement/commonwealth-contracting-suite-ccs |
| Additional information |
This clause provides that any illegal or otherwise unenforceable contract terms are removed from the Contract, with the remainder of the Contract remaining valid and enforceable between the parties.
Severability of Invalid Clauses
X.1 As far as possible all provisions of this Contract will be construed so as not to be void or otherwise unenforceable.
X.2 If anything in this contract is void or otherwise unenforceable then it will be severed and the rest of the Contract remains in force.
While use of this clause is optional, it is common for contracts to include a clause of this type.
Standardisation of contractual text results in efficiencies for both Parties to a contract. Before deciding whether a particular clause is appropriate, procurement officials should carefully consider the context of their procurement.
While a clause of this type is commonly included in contracts, users should consider whether it is appropriate for the particular transaction.
Terms that are capitalised may need to be changed to align with the Contract terminology.
