CSIRO Minerals Conlon St, Waterford WA 6152 Particle Analysis Service PO Box 7229, Karawara WA 6152 Request / Agreement Tel: (08) 9334 8000 Fax: (08) 9334 8001 Email: PAS-Enquiries@csiro.au ABN: 41 687 119 230 L A C R Client (Legal Entity): Date: CLIENT DETAILS Contact Name: Tel: Address: Fax: ABN: Email address: Your order # or cost code: Results required by: Particle Size Surface ...../…../….. Characterisation Other (please provide a date) Distribution Area Particle Counting (Hiac Royco) Reporting Method: Fax BET 5 point –(Autosorb AS1) SEM Microanalysis/ Imaging Focused Beam Reflectance Sedimentation (Sedigraph) (select one or more) Email Laser Diffraction (Malvern) Total Suspended Solids Pore Structure Analysis Zeta Potential Analysis Density Measurement Hard copy BET 5 point - Tristar Optical Microscopy Wet/dry Screening ANALYSIS AND REPORTING Previously agreed report format X-ray Diffraction Micro-CT Scan Cyclosizing QEMSCAN Number of Samples in batch: Samples (list all Samples for Analysis - PAS ID # use additional sheets for 11 or more samples ) (CSIRO use) Are any of the Samples hazardous? YES / NO (Circle one) After Analysis CSIRO should : (select one) OHS&E If ‘YES’, please briefly describe the nature of the hazard below and Return Samples to Client ensure an MSDS is attached to the Samples when delivered to CSIRO. Discard Samples; or Store Samples for 3 months then discard. Fee: A$___________ (this includes GST). Start Date: _____________ Delivery Date: _____________ Payment Terms: The Fee is payable before the Delivery Date unless you have existing post-Analysis payment arrangements with CSIRO. Payment Method: Please indicate how you will pay: PAYMENT by EFT or bank transfer (a tax invoice will be issued with account details for payment); by cheque; or by credit card (max AUD $5,000): Amex Visa MasterCard Diners Club Credit Card Number __ __ __ __ | __ __ __ __ | __ __ __ __ | __ __ __ __ Cardholders name: _____________________________ Expiry Date: ____ / ____ Signature: __________________ This proposal to enter into an agreement is valid for 60 days from the date above. The Agreement will consist of this page together with the Terms of Analysis & any attachments. To accept, please sign & return to PAS via email, fax or post. SIGN Client : __________________________ by __________________________ on __________________________ CSIRO: __________________________ by __________________________ on __________________________ TERMS OF ANALYSIS 1. Definitions 4.3 For GST purposes the cover page and any receipts issued by ‘Agreement’ means these Terms of Analysis together with the CSIRO are tax invoices. Any additional invoices issued by cover page and any attachments. CSIRO will be in the form of a tax invoice. ‘Analysis’ means the services to be performed by CSIRO as 5. Your Use of Deliverables described on the cover page. 5.1 The Deliverables are for your use in your business operations ‘Confidential Information’ means confidential information (in any unless otherwise stated in the description of the Analysis. form) that CSIRO discloses to you or you disclose to CSIRO. CSIRO accepts no responsibility if you use the Deliverables Information is not confidential if it is: (i) publicly for any other purpose. available, (ii) rightfully known by CSIRO before disclosure by you 5.2 If the Analysis is to verify that the Samples conform to a or rightfully known by you before disclosure by CSIRO, or standard published by a recognised standards body and the (iii) independently created by CSIRO or by you without access to Analysis verifies such conformity, then you may use the each other's confidential information. Deliverables to demonstrate such conformity to other people. ‘Deliverables’ means the results of the requested Analysis which Any statement made, under this clause 5.2, by you to any will be delivered in accordance with the Reporting Method you person that CSIRO has analysed the Samples must set out have nominated on the cover page. the results of the Analysis and the relevant standard against which CSIRO conducted the Analysis. If you publish ‘CSIRO’ means the Commonwealth Scientific and Industrial excerpts from the reports, then those excerpts must be an Research Organisation ABN 41 687 119 230, having its principal accurate representation of the Analysis results. You must office at Limestone Avenue, Campbell, ACT. note on the excerpts that they are from a larger report held by ‘you’ or ‘your’ means the Client. you and where the report can be inspected. Other capitalised expressions used in this Agreement have the 6. Confidential Information meanings given to them in the cover page. Confidential Information is to be kept confidential for a period of 5 2. CSIRO Analysis years commencing on the date you sign this Agreement. 2.1 CSIRO will perform the Analysis to professional standards 7. Limitation of Liability using the staff and resources of the Division. 7.1 All terms, conditions and warranties (including any warranty 2.2 The knowledge and skills that CSIRO staff will use to perform as to merchantable quality or fitness for purpose) implied by the Analysis have been developed in the course of providing common law or by statute (‘implied warranties’) as to the the same or similar analyses to other clients. CSIRO may manner, quality and timing of the Analysis are excluded develop further knowledge and skills while performing the unless the exclusion of any such implied warranties would Analysis. CSIRO can use such general knowledge and skills contravene the law or cause any part of this Agreement to be for other clients. void. 2.3 CSIRO will retain ownership of any intellectual property rights 7.2 CSIRO’s liability to you for breach of any term of the in any new analytical techniques or procedures CSIRO Agreement or of any implied warranties is limited, at CSIRO’s develops in the course of carrying out the Analysis. option, to either re-performing the Analysis or refunding the 2.4 CSIRO will keep copies of any reports or data that form part Fee paid in respect of that part of the Analysis. of the Deliverables and may reproduce and use such reports 7.3 CSIRO will not be liable to you for any indirect or or data for its own research and record keeping purposes. consequential damage suffered by you in any way arising 2.5 CSIRO will make reasonable efforts to deliver the from the Analysis or your use of the Deliverables. Deliverables to you by the Delivery Date. If CSIRO is unable 8. Dispute Resolution to meet the Delivery Date then you will be told of any delay If there is a dispute between you and CSIRO that cannot be and of the revised delivery date. resolved then the matter must be referred to the Australian 3. Your Samples Commercial Disputes Centre for arbitration in accordance with the 3.1 You must provide the Samples on time, ensure they are Centre’s Guidelines on Arbitration. The decision of the arbitrator safely transported to and from CSIRO laboratories and are (including any award as to costs) will be final and binding suitable for CSIRO to perform the Analysis. 9. Termination 3.2 You must ensure that any Samples you provide to CSIRO This Agreement can be terminated at any time by either CSIRO or are: (i) suitably packaged; (ii) labelled with your name and you giving written notice if there is a breach and that breach is not contact details, the contents and the name of the CSIRO remedied within 30 days after written notice is received. Technical Contact; and (iii) labelled with appropriate safety 10. Use of CSIRO Name warnings or instructions for their handling, testing, storage, transportation and disposal. You must not use CSIRO’s name or trademarks in a manner that suggests that CSIRO endorses, or is associated with, your 3.3 If you do not comply with clauses 3.2 (i) and (iii) and CSIRO business, products or services. has to take measures to safeguard the health and safety of CSIRO staff, CSIRO laboratories or the public, then CSIRO 11. General will charge you for the cost of taking these measures. 11.1 This Agreement records our entire agreement and 4. Payment supersedes all earlier agreements and representations that may have been made by CSIRO to you about the Analysis. 4.1 You must pay CSIRO the Fee in accordance with the Payment Terms and Payment Method you have nominated 11.2 The terms in this Agreement override any contrary terms on the cover page. If payment is to be made in full upfront contained in any invoice, purchase order or other then CSIRO will not start performing the Analysis until such documentation issued by you to CSIRO for the Analysis. payment is made. If payment is to be made by instalments 11.3 This Agreement is governed by the law applicable to the State following receipt of invoices from CSIRO and you do not pay or Territory given in the Division’s address at the top left any invoice on time then CSIRO may stop performing the corner of the cover page. Analysis until the outstanding amount is paid 4.2 All invoices issued by CSIRO must be paid within 30 days after the invoice date. If an invoice is not paid on time then you must pay interest on the outstanding amount. Interest is calculated daily at the Westpac Bank Indicator Lending Rate plus 2% per annum from the due date until the date the outstanding amount is paid.