Terms and Conditions

General Scope

 

Our terms and conditions apply exclusively; conditions of the customer which are conflicting or deviating from our terms and conditions will not be recognized unless we have expressly agreed to in writing. Our terms and conditions apply, even if we fulfill the delivery while aware of conflicting or deviating terms and conditions of the customer.

We are entitled to change these terms and conditions upon approval by the customer, provided the change is in consideration of our interests and reasonable for the customer. The approval of the amendment shall be deemed to be granted if the customer does not object within six weeks after receipt of the notice of change which is coupled with a reference to the consequences of non-objection.

 

Conclusion of Contract

 

The customer’s order is considered as a binding offer that we can accept within a week by sending an order confirmation or by delivery of the goods. Previous offers made by us are subject to change.

We reserve ownership and copyright for all illustrations, drawings, calculations and other documents. This also applies to written documents that are considered as confidential. Before passing them on to third parties the customer needs our explicit written permission.

 

Delivery

 

If delivery times are specified by us and have been made the basis for the award of the contract, such deadlines are extended for the duration of the delay in case of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes, material shortages, or any other cause that is beyond our reasonable control, including any failure of wireless cellular services provided by any third party in connection with your use of the Service. The same applies if the customer does not fulfill their obligations to cooperate.

Delivery ex works is agreed, provided the order confirmation does not state otherwise.

 

Services

 

For the creation of the commissioned aerial photographs or desired image data, specific performance conditions are agreed on to be in accordance with general safety and the law. Especially, filming flights are operated only in accordance with legal regulations and requirements. In particular, the client is obliged to consider the following general legal and safety constraints in advance:

No flight in rain or snow.

Flights up to 40 km/h wind force

There must always exist visual contact with the video drone (visual flight according to VFR rules)

Maximum altitude 120 m

Maximum horizontal distance to pilot is visual line of sight

Flight time per flight currently max. 18 minutes

No crossing of persons or roadways

The Pilot has the absolute right to cancel or postpone filming for any reason deemed necessary

Verbal promises by our representatives or other auxiliary persons require written confirmation.

If performance periods are specified to us and have been made the basis for the award of the contract, such deadlines are extended for the duration any delay caused by strikes, external approval procedures, Acts of terrorism or war, inclement weather and acts of God. The same applies if the customer does not fulfill agreed obligations to cooperate. We will attempt to provide completed work within 14 days of filming.

All rights (copyright) remains with us, if they are not expressly assigned to the client. The transfer of rights is generally subject to completed payment. We may use all works and services, e.g. graphical material, without restriction for own purposes unless specifically agreed otherwise in writing.

Payments, Offsetting, Re-seller Discount

 

Unless agreed otherwise, fees are payable with order as a down payment of 50 % and due strictly net. Fee invoices are immediately due upon delivery of the image data and payable in full. Expenses such as vendor invoices, travel expenses, etc. are stated with the fee invoice and also payable upon receipt and without deduction.

 

Liability for damages

 

Our liability for breaches of contract duties and in tort is limited to intent and gross negligence. This does not apply to injury to life, limb or health of the customer or claims regarding the violation of cardinal obligations, i.e obligations that arise from the nature of the contract and with its breach the purpose of the contract is at risk as well as replacement of delay damages.  In that regard, we are liable to a maximum of the monetary value of the job being undertaken by us for the Customer.

The above disclaimer also applies to slight negligent breaches of duty by our vicarious agents.

If the liability for damages that are not based on injury to life, limb or health of the customer is not barred for slight negligence, such claims shall lapse within a year starting with the emergence of the claim respectively in case of claims for damages due to a defect with transfer of the good.

As far as liability for damages against us is excluded or limited, this also applies to the personal liability of our employees, servants, employees, representatives and agents.

 

Liability for our Services

 

WHEN PERMITTED BY LAW, OURSELVES AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, OURSELVES, OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

Our Warranties and Disclaimers

 

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

 

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER OURSELVES NOR OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

Retention of title

 

In contracts with consumers and companies, we retain ownership of the purchased goods until full payment of the purchase price. The client then has a 12 month exclusive license to use the purchased goods.  Unless agreed in writing the license to use becomes non exclusive after 12 months.

 

Final Provisions

 

For this contract New Zealand Law will be precedent.