Terms and Conditions
Please read the following Terms and Conditions as set out below. These Terms and Conditions shall apply to the supply of any Services by Adelaide Aerial, unless otherwise agreed to in writing. These Terms and Conditions replace any previous or alternative conditions made by the customer and constitute the entire agreement between Adelaide Aerial and the Customer.
1. DEFINITIONS
1.1 "Company" means Adelaide Aerial, ACN 18 603 636 157.
1.2 "Customer" means the person, firm or company using the services of the Company, including
all persons acting on behalf of or under the instructions of the Customer in their capacity as
agent or employee.
1.3 "Goods" means Goods supplied by the Company to the Customer and where the context so
permits shall include supply of Services.
1.4 "Services" means all services supplied by the Company to the Customer and includes any
advice or recommendations and where the context permits, shall include any supply of
goods.
1.5 "Price" means the cost of the Goods or Services as agreed between the Company and the
Customer subject to clause 8 of this contract.
1.6 "Project" means the work the Customer has engaged the Company to do.
1.7 "Aerial Operation" means any use of drones or other aircraft.
1.8 "Operations Manual" refers to the legal document titled Operations Manual used by the
Company for it's Aerial Operations.
1.9 "CASR 101" means the regulation guiding the use of Unmanned Aerial Vehicles.
2. ACCEPTANCE
2.1 Any instructions provided by way of email, text, fax or post and received by the Company
from the Customer for the supply of Goods and/or Services and/or the Customers acceptance
of Goods or Services supplied by the Company shall constitute acceptance of these terms and
conditions.
2.2 Upon acceptance of these terms and conditions by the Customer, the terms and conditions
are irrevocable and can only be rescinded in accordance with these terms and conditions
and with the written consent of the manager of the Company.
2.3 None of the Company's agents or representatives are authorised to make any
representations, statements, conditions or agreements not expressed by the Director of the
Company in writing, nor is the Company bound by any such unauthorised statements.
2.4 The Customer agrees to give the Company no less than 14 days prior written notice of
any proposed change to the Customer's name and/or any change in the Customer's
details, including but not limited to, changes in address, email address or business practice.
3. CONFIDENTIAL QUOTATIONS
3.1 The content of any quotation provided by the Company to the Customer, including the
quantum of the quote together with any technical information, shall at all times remain the
property of the Company and shall not be disclosed to any third party either directly or
indirectly until the Company has been retained by the Customer to carry out the project to
which the quote relates.
4. RIGHT TO RE-COST QUOTE
4.1 Quotations are based on all stages of a project being accepted by the Customer exactly as
specified in the quote. If any of the stages are for any reason, not accepted by the Customer,
amended or in any significant way varied by the Customer, the Company reserves the right
to re-cost the project and the Customer agrees to be bound by the new quotation.
5. CANCELLATION OR POSTPONEMENT
5.1 If the Customer wishes to cancel or postpone the project it must do so in writing, and no
purported cancellation or postponement will have effect until agreed to in writing by the
Company.
5.2 If the project is cancelled or postponed prior to completion, the Customer agrees to pay for
the Services rendered and Goods and Materials provided to the point of receipt of the notice
of postponement or cancellation; to reimburse the Company for any and all expenses incurred
up to the point of agreement in writing by the company of such postponement or cancellation;
and agrees to indemnify the Company against all claims by third parties incurred by
postponement or cancellation.
5.3 The Company reserves the right to cancel, postpone or reschedule any installation and
removal of hardware up to and including the day of the scheduled works.
6 REGULATORY REQUIREMENTS
6.1 The Company reserves the right to cancel or modify aerial work proposals if the work should
fall outside of regulatory requirements set out in CASR Part 101 and the Company's
Operations Manual.
6.2 If the Customer should change the project such that it no longer complies with regulatory
requirements of the Company, the Company reserves the right to cancel or postpone the
project and the Customer agrees to pay the Company in full for services agreed upon for the
project.
7. COPYRIGHT
7.1 Copyright of the Project remains the property of the Company until full and final payment
has been received.
7.2 The Customer grants the Company licence to use the Project for the Company's own
marketing on website, brochures and any other promotional material.
8. PRICING AND PAYMENT
8.1 The Company reserves the right to request a deposit of up to 50% before commencement
of any given project.
8.2 Balance of payment will be invoiced upon completion of the project, the due date will be
documented on the invoice.
8.3 The Company may withhold delivery of any completed project until the Customer has made
due payment.
8.4 The Customer agrees the Company is not obligated to commence a project until payment
referred to in 8.1 has been made.
9. EXCLUSION OF LIABILITY
9.1 Other than in the manner stipulated by these terms and conditions the Company shall be
under no liability whatsoever to the Customer for any indirect loss and/or expense
including loss of profit, suffered by the Customer arising out of a breach by the Company
of these terms and conditions.
10. TIME SPECIFICATIONS
10.1 The Customer agrees all specifications of time submitted during the production
process or contained in the quote are guides only. Whilst the Company will make every
effort to follow them, the Company accepts no responsibility if the Company is unable
to do so.
11. AUTHOR'S CORRECTIONS
11.1 Any modifications to time-lapse sequences, corrections to the original copy,
additional material and amendments or additions after commencement of work are
additional to the quote.
12. INDEMNITY
12.1 Both parties, the Company and the Customer agree that notwithstanding anything
contained in these terms and conditions, neither party shall be liable for any claim to
damages by third parties of a direct or indirect nature, including any claim of consequential
loss arising out of the project, and both parties agree to indemnify each other against all
such claims including any and all associated legal costs which are accused by either party
in regard to the defence of such claims.
13. ARCHIVING
13.1 The Company will keep all masters and original footage for a period of 12 months from the
date of creation, after which they will be destroyed. If the Customer wishes the Company
to keep anything beyond this time the Customer must advise the Company in writing.
Although all reasonable care will be taken to prevent damage to archived footage, the
Company is not responsible for any damage that may occur and bears no responsibility
for losses that may be incurred.
14. OVERDUE ACCOUNTS
14.1 For overdue accounts, the Company will charge the Customer interest on any unpaid
of the invoice at the rate of 5% per month.
15. LIMITATION OF WARRANTY
15.1 To the extent permitted by law, if the Company becomes liable to the Customer in any
manner whatsoever for breach of warranty or for any other reason, then the Company's
liability is limited solely to the cost of supplying the Goods and Services to the Customer
again or the payment of the cost of having the Goods and Services supplied to the
Customer by a third party, whichever the Company elects.
15.2 The Company does not accept any liability from the disclosure of confidential documents.
16. CUSTOMER'S WARRANTIES
16.1 To the maximum extent permitted by law, the Customer indemnifies the Company against
any breach of warranty made by the Customer in these terms and conditions of trading.
16.2 Where the Customer supplies the Company with information, designs or other material,
the Customer warrants that;
(a) the Customer does not infringe any copyright, trademark or design;
(b) the Customer is not in breach of confidence, misleading or deceptive;
(c) the Customer is not defamatory or unlawful; and
(d) all statements purporting to be factual are true,
And the Customer agrees to wholly indemnify the Company in regard to any costs, claims,
fees, and/or fines associated with such a breach of the customer.
17. PUBLICITY
17.1 The Customer authorises the Company to use the Customers name, logo and sample of
the Project in the Company's marketing material including social media. The Customer
may elect to withdraw its permission for the use of the same but must do so in writing.
18. LAW OF AGREEMENT
18.1 The Laws of the State of South Australia, Australia apply to the Terms and Conditions of
Trading and the Customer agrees any dispute arising out of the project will be decided
within the jurisdiction of the laws of the State of South Australia, Australia and within its
courts.
19. GENERAL
19.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable
the validity, existence, legality and enforceability of the remaining provisions shall not be
affected, prejudiced or impaired.
19.2 The Customer agrees the Company holds no responsibility for changes in the law which
affect the Goods supplied.
19.3 The Company may licence or sub-contract all or any part of its rights and obligations
without the Customer's consent.
19.4 The Company reserves the right to review these terms and conditions at any time and
from time to time. If, following any such review, there is to be any change in such terms
and conditions, no changes to these terms and conditions shall be binding unless
mutually agreed in writing.