MINISTER FOR POLICE and PILATUS AUSTRALIA AGREEMENT(3)

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ANNEXURE  3 - SCHEDULE  2 ..............................................................................................1
SCHEDULE 3 DELIVERY AND PAYMENT SCHEDULE ...................................................1
SCHEDULE 4 PURCHASE OPTION...................................................................................1
SCHEDULE 5 WARRANTY POLICY ..................................................................................1

AGREEMENT dated  day of 2006
BETWEEN:
MINISTER FOR POLICE, THE HONOURABLE PAUL HOLLOWAY MLC of Level 9, Terrace Towers, 178 North Terrace, Adelaide SA 5000 (“Customer”)
AND
PILATUS AUSTRALIA PTY LTD  (ABN 51 083 791 708)  of 17 James Schofield Drive, Adelaide Airport SA 5950 (“Supplier”)
AGREED TERMS:
1.  INTENT
The purpose of this Agreement is to  provide for the supply of an aircraft and associated services by the Supplier to the Customer.

2.  DEFINITIONS
In this Agreement, unless a contrary intention is evident:
2.1  “Acceptance Date” means the date on which the Products are accepted by the Customer in accordance with this Agreement;
2.2  “Aircraft” means the aircraft referred to in Schedule 1;
2.3  “Business Day” means any day that is not a Saturday or Sunday or a public holiday in South Australia;

2.4  “Commencement Date” means date of execution of this Agreement;
2.5  “Customer’s Representative” means the person so identified in Schedule 1;
2.6  “Agreement“ and “Aircraft Agreement” means this Agreement and includes all schedules;

2.7  “Defects” means:
2.7.1  any defects or imperfections in any Product; or
2.7.2  any non-compliance of a Product with the requirements of the Specifications 
arising at any time until the expiration of the Warranty Period in relation to a Product;
2.8  “Delivery” means the delivery of the Products, including their unloading, at the Delivery Point;
2.9  “Delivery Date(s)/Requirements” means the dates and requirements so specified in the Delivery and Payment Schedule 3;
2.10  “Delivery Point” means the place to which the Products are to be delivered, as specified in the Purchase Order;

2.11  “Event of Default” occurs when the Supplier :
2.11.1 undertakes or suffers an Insolvency Event;
2.11.2 assigns, or suffers any assignment of, any of its rights or obligations under this Agreement, otherwise than in accordance with this Agreement;
2.11.3 fails to comply with any notice given by the Customer pursuant to this Agreement;
2.11.4 changes or suffers any change in the effective control of the ownership of the Supplier;
2.11.5 fails to comply with all Laws;
　
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