MINISTER FOR POLICE and PILATUS AUSTRALIA AGREEMENT(8)

10.  
PRICES

10.1  The price for the Products is the price set out in the Schedule 3, Item 5.
10.2  The price for Products includes:
10.2.1 the cost of delivery;
10.2.2 the costs of Support Services; and
10.2.3 all government taxes, rates, duties, fees and charges.
10.3  The price for Post Warranty Maintenance is as set out in the Schedule 3, Item 5 and is inclusive of all government taxes, rates, duties, fees and charges.

11.  
GOODS AND SERVICES TAX

11.1  Subject to clause 11.4 herein, the price for the Products is inclusive of GST.
11.2  The Supplier acknowledges and represents that:
11.2.1 it is registered under the  A New Tax System (Australian Business Number) Act 1999 (Cth) (“ABN Act”), and
11.2.2 the ABN shown in Schedule 1 is its ABN. 
11.3  The Price is payable only on presentation by the Supplier of a Tax Invoice within the meaning defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
11.4  GST Exclusive Component
11.4.1 Notwithstanding clause 11.1 herein, the price for the Aircraft component of the Products (as referred to in Item 5.1 of Schedule 3 and Schedule 4 “Purchase Option”) is GST exclusive and does not include any amount referable to GST.  (The price for all other Products is GST inclusive).
GST Component
11.4.2 In addition to the amount payable by the Customer for the Aircraft component (as set out in clause 11.4.1 herein) the Customer must pay to Australian Customs (as collector of GST for the Australian Taxation Office), an additional amount of GST consideration for the Aircraft component (as set out in clause 11.4.1 herein) calculated by multiplying the GST rate by the base consideration plus the value of fuel remaining in the Aircraft on the date of entry to Australia, and converted to Australian dollars on the date of entry.
11.4.3 In spite of the preceding sub-clauses 11.4.1 and 11.4.2, if for any reason the supply for which payment is claimed is not a Taxable Supply, the Customer is not obliged to pay the GST consideration in respect of that supply.
12.  
PAYMENT ARRANGEMENTS

12.1  Subject to the provisions of this clause and Schedule 3, the Customer is liable to pay the prices for Products supplied and accepted in accordance with this Agreement within thirty (30) days of valid invoice.  
12.2  An invoice under this Agreement is a valid invoice if it meets the following requirements:
12.2.1 it has been certified for payment by the Customer;
12.2.2 it contains the information set out in Schedule 3; and
12.2.3 it is a Tax Invoice (unless every supply to which the invoice relates is not a Taxable Supply).
12.3  The Customer is not obliged to make any payment under this Agreement unless the Supplier has provided a valid Invoice in respect of that payment.
　
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