MINISTER FOR POLICE and PILATUS AUSTRALIA AGREEMENT(6)

6.  
SUPPLY OF PRODUCTS AND SUPPORT SERVICES

6.1  The Supplier must:
6.1.1  supply the Products on the terms and conditions set out in this Agreement;
6.1.2  provide the Products and Support Services in accordance with the Specifications;
6.1.3  sell the Products to the Customer free from encumbrance;
6.1.4  deliver the Products to the Delivery Point on or before the Delivery Dates and Requirements set out in Schedule 3;
6.1.5  provide the Support Services required by this Agreement; and
6.1.6 provide written evidence of manufacturer testing of the Products; upon the terms and conditions of this Agreement.

7.  
OWNERSHIP AND RISK IN THE PRODUCTS

7.1  Ownership and property and risk of loss in the Aircraft pass to the Customer upon satisfactory completion of the Factory release test for the Aircraft at Stans, Switzerland.
7.2  Ownership and property and risk of loss in the remaining parts of the Products pass to the Customer upon acceptance of the Products in accordance with clause 8.
7.3  The Supplier shall deliver the Aircraft from the Factory to the Adelaide Airport (“the ferry flight”), using qualified pilots to fly in command of the Aircraft (“the ferry crew”).
7.4  The Customer pilots may accompany the ferry crew as support pilots for training purposes, but shall not fly in command.
7.5  The Customer shall permit the Supplier’s ferry crew to operate the Aircraft (title thereof having passed to Customer in accordance with Clause 7.1).

8.  
ACCEPTANCE OF THE PRODUCTS

8.1  The Customer may within thirty (30) Business Days prior to final Delivery, perform tests as stipulated in the Specifications, or if no tests are  stipulated, such tests as the Customer considers necessary to ensure that the Products conform to the requirements of the Specifications (“Acceptance Tests”).
8.2  The Customer must provide notice in writing to the Supplier of any Defect or non-compliance of the Products.
8.3  If the Products do not conform to the requirements of the Specifications, then at the Customer’s option exercised by written notice to the Supplier:
8.3.1  the Supplier must if required by the Customer rectify any Defect within seven (7) days of notification by the Customer; or
8.3.2  the Customer may reject the Products and the Supplier must remove the Products from the Delivery Point forthwith.  
8.4  If the Customer chooses to require the Supplier to rectify any Defect, the Customer may repeat the Acceptance Tests and in every case if the Acceptance Tests do not demonstrate that the Products comply with the Specification, is entitled to exercise the options to require rectification or to reject the Products.  
8.5  If the Customer is satisfied that the Products conform to the Specification the Customer must accept the Products by providing notice in writing to the Supplier. The date specified in the notice is the Acceptance Date.
　
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