MINISTER FOR POLICE and PILATUS AUSTRALIA AGREEMENT(9)

13.  
NON-EXCLUSIVITY

13.1  This Agreement is entered into on a non-exclusive basis.
13.2  The Supplier acknowledges that the Customer may purchase the Products from other providers.

14.  
DELAYS

14.1  If the Supplier fails to Deliver Products within one (1) month after the Delivery Date, then notwithstanding anything else contained in this Agreement, the Customer may terminate the Purchase Order by written notice to the Supplier and may recover from the Supplier the amount of all direct damage and loss suffered by the Customer resulting from such failure.  Upon such termination, the Supplier must (without prejudice to the Customer’s right to recover the amount of such damages and loss) forthwith refund to the Customer all moneys previously paid to the Supplier in respect of the undelivered Products under this Agreement (if any).
14.2  The Supplier shall not be liable for failure to deliver or delay Delivery hereunder if such failure or delay is due to strikes, work stoppages, fires, flood, accident, wars, terrorist acts, rebellions, civil commotion, public strife, acts of public enemies, delay in vendor deliveries, regulatory change or any other causes beyond Supplier’s reasonable control.
14.3  In the event of any delay which is caused by such an event of Force Majeure, Suppler shall provide Customer with notice thereof, which shall set forth the basis of the delay, and the anticipated duration of the delay, and the Scheduled Delivery Date shall thereupon automatically be extended for a term equal to the term of such delay at no cost to Customer.
15.  EXTENSION OF TIME
15.1  If the Supplier is delayed in the discharge of an obligation to the Customer under this Agreement by any cause beyond the reasonable control of the Supplier (except a cause arising out of any act or omission on the part of the Supplier’s employees, agents or sub-contractors or their employees or agents) which the Supplier considers justifies an extension of the time specified in this Agreement for the performance of the Supplier’s obligations under this Agreement, the Supplier must :
15.1.1 notify the Customer in writing of the facts giving rise to such delay within seven (7) days after such facts have come to the Supplier’s notice; and
15.1.2 within seven (7) days after the circumstances causing the delay have ceased, notify the Customer in writing of the period of delay so caused and give details of the likely effect on this Agreement.
15.2  The Customer must consider the Supplier’s request and must, within thirty (30) days after receiving a notice under this clause, notify the Supplier of its decision.
15.3  Where the Supplier has given notice under this clause, the Customer may at any time, by notice in writing to the Supplier, extend the time for performance of an obligation of the Supplier by nominating in the notice a time or date for such performance and the time or date so specified shall, for the purposes of this Agreement, be the date for performance of that obligation.
　
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