Trade services terms and conditions

These terms and conditions apply to Austrade's trade services.

By signing, the parties, the Commonwealth of Australia represented by the Australian Trade and Investment Commission (Austrade) and the company referred to above (the Client) agree to be bound by the following terms:

1. Services which may be required by the Client under this Agreement cannot be provided on an exclusive basis.
2. Austrade agrees that in the performance of the services under this agreement, Austrade will inform the Client should a perceived or actual conflict of interest situation arise and the steps Austrade intends to take to reduce or eliminate the perceived or actual conflict of interest.
3. Any material created by Austrade or received by Austrade from the Client (whether in writing or verbally) concerning the affairs of the Client shall not be made available to third parties without the prior approval of the Client save for credible evidence of bribery or other corrupt actions that will be referred to the Australian Federal Police.
4. The property and copyright in all material created by Austrade in connection with the provision of services will vest in Austrade; the Client shall have an unrestricted license to use any such material for its export purposes.
5. Austrade will not be liable for delay or failure in performing the services if the delay or failure results from force majeure, an Act of God, or any government act, fire, earthquake, tsunami, explosion, accident, industrial dispute, civil commotion, disease, terrorist or security act or threat, impossibility of obtaining materials or anything beyond Austrade’s control, and whether happening in Australia or elsewhere.
6. Austrade specifically denies liability for any loss howsoever arising from dealings between Clients and third parties following introductions or provision of contact lists by Austrade. Austrade makes no warranty or representation as to the suitability, accuracy or usefulness of any information provided under this service proposal nor commercial dealings between third parties introduced by Austrade. Any person relying on information provided under this agreement or by introduced third parties should seek independent professional advice and conduct their own due diligence before acting on the information they receive. Where Austrade makes a recommendation in connection with this agreement, it is the responsibility of the Client to assess and make all final decisions. To the extent permitted by law, Austrade specifically denies any liability that may arise from such decisions.
7. The Client acknowledges that this agreement constitutes the entire Services Agreement between the Parties and supersedes all other Services Agreements and in entering this Agreement it has not relied on any statement, representation, warranty or condition made or given by Austrade or by any person or agent of Austrade other than those contained in this Agreement.
8. Austrade’s liability to the client for any loss, cost, charge or expense incurred or arising directly or indirectly under or in connection with this Agreement, whether for breach of this Agreement, at common law, under statute or otherwise is limited to the fees paid by the client to Austrade under this Agreement.
9. Sending samples in support of promotion of the Client’s goods or services is done so entirely at the Client's risk. Austrade makes no undertaking as to acceptance, storage, use or disposal of any sample and specifically denies liability for any loss arising as a result of using or displaying the sample, its safekeeping, storage, return or disposal and any such cost shall be borne by the sender.
10. The Client acknowledges that it is solely responsible for making itself aware of all relevant information and travel advice in relation to any travel required for the services.  Austrade strongly recommends that the Client consider the travel advice issued by the Department of Foreign Affairs and Trade (DFAT) for any country in which travel will be undertaken and for any countries which the Client's representatives will enter in transit. DFAT's travel advice can be viewed at Smartraveller.
11. In the event that a Client terminates a Service Agreement, the Client acknowledges that they are liable for the fees for services performed up to the date of termination and any unavoidable losses or costs incurred by Austrade.
12. In the event of any dispute arising between Austrade and the Client in connection with this Service Agreement and the dispute is not mutually resolved within two calendar months, the dispute shall, upon request of either party, be referred to arbitration, in accordance with the laws relating to arbitration in force at the time in the Australian Capital Territory.
13. Austrade reserves the right to immediately suspend or terminate services under this Service Agreement at its sole discretion and without liability if it considers ongoing services may bring the parties or the Commonwealth into disrepute. This may include but is not limited to, potential breach of Australian or local law, including anti-bribery laws, issues of solvency, commercial dispute, unethical or immoral acts or any matter where ongoing provision of services is considered not in the best interests of Australian trade. Austrade will report credible evidence of bribery or other corrupt actions to the Australian Federal Police.