Terms and Conditions
TERMS AND CONDITIONS – PRODUCTS, MAINTENANCE, TRAINING and OPERATIONS
- CMGE Kummerow Family Trust t/a Fly the Farm shall hereinafter be referred to as “Fly the Farm”.
- The person, firm or company with whom Fly the Farm shall enter into a contract shall hereinafter be referred to as "the Customer".]
- “The Customer” means a customer or any person acting on behalf of or with the authority of the customer that engages Fly the Farm to provide goods or services.
- "Offer" shall mean the quotation provided to the Customer by Fly the Farm in the Job Sheet together with these terms and conditions of contract.
- "Price" means the price to be paid by the Customer for the Services.
- “Fees” means consulting fees, design fees, service fees and any other charges payable by the Customer for the provision of the Services.
- "Services" means the services described and referred to in the Job Sheet annexed to these terms and conditions or by another means (whether verbal or written), which has been provided by Fly the Farm to the Customer. This includes, but is not limited to aerial photography, videography, production, development, promotion, assembly, maintenance and any other services to be provided to the customer by Fly the Farm.
- "Order" means the order placed with Fly the Farm in accordance with the Offer by signing acceptance of the Job Sheet or other documentation as applicable or providing verbal communication requesting Fly the Farm to provide a Service.
- “Customer Materials” means all craft, components, media or other materials provided or introduced by the customer for use in connection with the Service.
- “Confidential Information” means all trade secrets, knowledge and commercially valuable information. The customer is to advise Fly the Farm of such information and sign a non-disclosure statement outlining such information.
- On acceptance of the Order by Fly the Farm, the parties shall be contractually bound and these terms and conditions shall be incorporated into, shall take precedence over any terms and conditions on which the purchaser may trade and will form part of the contract between the parties.
- This Order commences on the date the customer makes a booking with Fly the Farm to provide a Service.
- If the Customer shall verbally place an Order, a contract shall be deemed to have been made immediately upon acceptance by Fly the Farm and shall only be subject to alterations in strict accordance with the terms and conditions contained herein.
- Fly the Farm may, in its sole discretion, choose to act on a verbal acceptance of the Offer by the Customer.
- These terms and conditions shall form part of and shall govern any contract entered into between Fly the Farm and the Customer, unless they shall have been specifically modified or rescinded by Fly the Farm in writing prior to Fly the Farm' acceptance of the Order.
- In the event that there is any conflict between these terms and conditions and the Offer then these terms and conditions shall prevail to the extent of any inconsistency.
- Unless otherwise specified in writing an Offer is to remain open for 7 days from the date of delivery.
- Prior to receipt of an Order, Fly the Farm reserves the right to make any changes to the Offer as it considers necessary.
- No dealing between Fly the Farm and the Customer shall be or be deemed to be a sale by sample.
- Subject to terms implied by law and not capable of exclusion Fly the Farm does not warrant the fitness for the Customer's purpose of any Service.
- The Customer will rely on its own knowledge and expertise in selecting any Service and as to the suitability and fitness for any required purpose of any Service.
- The Customer acknowledges that Fly the Farm has not made any warranty, guarantee or representation in relation to the Services on which the Customer has relied (including as to the fitness of the Services or any part of the Services for a particular purpose), apart from those which it has expressly received in writing from Fly the Farm.
- Unless otherwise required by law, any warranty provided by Fly the Farm will be for a period of 3 months in relation to any Service and both Fly the Farm and the Customer agree that a period of 3 months from the date of supply or despatch of the Service is a reasonable warranty period.
4 PLACEMENT OF ORDERS
- If any dispute arises over an Order, Fly the Farm' records will be conclusive evidence of what was ordered.
- On the placement of each Order, the Customer represents to Fly the Farm that it is solvent and able to pay all of its debts as and when they fall due.
- In addition to the Customer's obligations on completion of any credit application which Fly the Farm may require, the Customer shall inform Fly the Farm when an Order is placed, of any material facts, which might reasonably affect any decision to accept the Order or grant credit.
5 THE SERVICE
- Fly the Farm shall carry out with due skill and care the Service for each item of the equipment at the maintenance intervals as specified in the maintenance service schedule, generally in accordance with manufacturers’ recommendations and good engineering practice.
- This service is paid for by the Customer through the Price and includes only those parts and materials (including all consumable materials) as specified in this agreement necessary to undertake the Service.
- The Service does not include the cost of any repair labour and/or repair/replacement of parts, materials and equipment.
- Fly the Farm shall comply with all relevant legislation, regulations and the Customer site regulations as in force at the commencement of the agreement. Any changes to legislation, regulations or the Customer’s site regulations may result in additional works with the associated additional costs passed through to the Customer.
- Fly the Farm warrants that it shall effect and maintain public liability insurance for not less than $10 million and workers compensation insurance to the extent of its liability under the relevant Workers Compensation Act.
6 ORDERS / INSTRUCTIONS / SPECIFICATIONS
- The Customer shall, as soon as an Order has been placed, forthwith provide Fly the Farm with sufficient details and instructions to enable Fly the Farm to commence work. Any additional costs or expenses incurred by Fly the Farm as a result of the Customer's delay in this regard may be added to the Price by Fly the Farm.
- Orders for products placed online, telephonically or via email will require payment upfront if not in stock.
- Orders for repairs may require part payment upfront if components have to be ordered in to complete the repair.
- Orders for services will require a 50% deposit on order placement payable no later than 7 days prior to the scheduled booking (unless otherwise agreed) and balance of payment on delivery of the Service.
- Orders for Training will require a 50% deposit payable on order placement and the balance paid before commencing the course.
- Orders placed, but not paid for within 72 hours, will be cancelled automatically.
7 SERVICES SOLD
- All Services to be supplied by Fly the Farm to the Customer are as described on the Order / Offer and the description on such Order / Offer, prevails over all other descriptions including any specification or enquiry of the Customer.
8 CUSTOMER MATERIALS
- The Customer will deliver or make available to Fly the Farm the Customer Materials in a timely manner to ensure that Fly the Farm has the necessary time to meet any agreed time schedules.
- The Customer will comply with all reasonable directions by Fly the Farm in relation to the format requirements of the Customer Materials.
- The Customer grants Fly the Farm a royalty free licence to use and reproduce the Customer Materials for the purpose of providing the Services contemplated by this Order.
- The Customer warrants that the use of the Customer Materials by Fly the Farm in accordance with this Order will not infringe the intellectual property rights of any third party.
- The Customer indemnifies Fly the Farm and its employees against any damage, loss, cost, and expense (including legal costs and expenses) of whatsoever nature or description arising from the infringement of intellectual property rights of any third party contained in the Customer Materials.
- Fly the Farm reserves the right not to use any Customer Materials which Fly the Farm (acting reasonably) deems to be inappropriate or offensive or otherwise in breach of any laws or regulations.
- Fly the Farm is not obliged to retain back up copies of the Customer Materials and to the extent permitted by law Fly the Farm will not be liable (whether in contract, tort, negligence, statute or loss of any of the Customer Materials.
9 ADDITIONAL SERVICES and CHANGES TO THE BOOKING
- If the Customer requests a change to the booking, which requires additional Services to be performed by Fly the Farm, then:
i.the additional Services will incur additional Fees calculated by reference to Fly the Farm’ hourly charge for the time being; and
ii.at its sole discretion, Fly the Farm may issue an invoice for the additional Fees at any time, including on a monthly basis, whether the changes are agreed to in writing or not.
10 INTELLECTUAL PROPERTY
- All Intellectual Property Rights in anything produced by Fly the Farm in carrying out the Services (‘Fly the Farm IP’) will be retained by Fly the Farm.
- Upon full payment of the Fees by the Customer, Fly the Farm will grant a perpetual, royalty free, non exclusive and non transferable licence to the Customer to use the Fly the Farm IP for the Customer’s internal purposes or purposes communicated in writing to Fly the Farm at the time of booking Fly the Farm Services.
- The Customer grants Fly the Farm a perpetual, royalty free, non exclusive and non transferable licence to use Customer’s trademark, business name and other mark or logo, media containing Fly the Farm footage for marketing and promotional activities to indicate the Customer as a current or past client of Fly the Farm.
- This contract contemplates that the whole of the work required to complete the Services, or each major section thereof, shall be capable of being completed and delivered by Fly the Farm in one continuous operation. Any additional expense incurred by Fly the Farm as a result of Fly the Farm being unable to complete or deliver the whole of the Services or each major section of the Services in one part or delivery may be added to the Price by Fly the Farm.
12 PART ACCEPTANCE
- The Offer is intended for acceptance in its entirety only, notwithstanding that certain parts thereof may have been individually itemised. Should a portion only of the Offer be accepted, that portion may be subject to a revision in Price at the election of Fly the Farm.
13 PAYMENT TERMS
- Any Customer who has been granted (in writing) a trade account or credit by Fly the Farm shall make payment in full of any invoice within 30 days from the end of the month in which:
i.the invoice is dated, or;
ii.the Customer is notified by Fly the Farm that the Services are complete whichever is the earlier.
- Any part of the Price which is not paid by the Customer on the due date shall bear interest at the rate of 8% per annum (which may be waived by Fly the Farm in its discretion).
- Fly the Farm shall not have any liability to the Customer whatsoever arising from the cessation of work for failure to pay any invoice.
- Unless otherwise stated the Price stated by Fly the Farm in the Offer is inclusive of Goods and Services Tax (GST).
- All quoted prices are only valid for 7 days maximum, and may be subject to corrections due to changes in supplier price, shipping rates, exchange rates, duties and GST rate beyond our control.
15 PAYMENT IN FULL REQUIRED
- The Price and all amounts payable to Fly the Farm shall be paid in full and without deduction on the part of the Customer by way of set-off or counter-claim without the written authority of Fly the Farm.
- Deposits, Payments on Order Placement and balance of Payments shall be in accordance with Section 6 above
- When ordering from our website we require funds to fully clear before we send your order.
- If you order through PayPal your order will not be available to collect and is required to be sent to an address you provide.
16 OVERDUE ACCOUNTS
- The Customer agrees to pay all legal costs, stamp duty (where applicable) and other expenses incurred by Fly the Farm in connection with the recovery of any amounts which are more than 30 days overdue by the Customer.
17 WORKING HOURS
- This Offer is made in contemplation that Fly the Farm shall execute its work during normal working hours from 8am to 5pm in a five (5) day week. Fly the Farm may, at its sole discretion, elect to accept or decline any Offer which may (as a result of the Offer or Fly the Farm' other commitments) require it to work outside of normal working hours. Any additional costs resulting from the Customer's direction to work extraneous hours in lieu of the normal working hours in order to supply the Services may be added to the Price by Fly the Farm.
- Fly the Farm shall be at liberty to sub-contract to third parties such parts of the work required to complete the Service as it may, in its absolute discretion think fit, without reference to the Customer.
19 RELEASE & INDEMNITY
- Save as provided in these terms and conditions, the Customer hereby releases Fly the Farm from all liability and indemnifies Fly the Farm in respect of any claim, action or suit for loss or damage (including consequential loss or damage) by reason of delay, faulty or defective materials or workmanship or any act of negligence or omission by Fly the Farm its servants or agents.
20 LIMITATION OF LIABILITY
- Fly the Farm' liability for a breach of this contract, including for a breach of a condition or warranty implied by Pt 3-2 Div 1 of the Australian Consumer Law in the case of services, is limited to:
i.the supplying of the services again; or
ii.the payment of the cost of having the services supplied again.
at Fly the Farm' sole discretion.
- Fly the Farm' liability under section 274 of the Australian Consumer Law is expressly limited to a liability to pay to the Customer an amount equal to:
i.the cost of replacing the Services; or
ii.the cost of obtaining equivalent Services; whichever is the lesser amount.
21 GENERAL EXCLUSION OF LIABILITY
- The Company is not liable for any prospective profits, or special indirect or consequential damages, or any general loss or damage, or for any expense resulting from use by the Applicant or others of defective goods.
- The company's liability is limited to the amount identified in the preceding paragraph. Prior authority for the return of goods is required by the Company. The Customer must contact the Company either by telephone or email for this approval.
- These Terms outline how Fly the Farm warrants our Services for all goods and services purchased after 1 December 2014.
- Australian Consumer Law (ACL) protects consumers by giving them certain rights relating to the purchase of goods and services.
- If you are a 'consumer' as the term is defined in the ACL:
- Our goods come within guarantees that cannot be excluded under the ACL;
- You are entitled to a replacement or refund for major failure and for compensation for other reasonably foreseeable loss or damage;
- You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- With regard to DJI products and warranty, our claims process is aligned with that set by DJI Global (manufacturer) warranty process. While we endeavour to complete DOA and warranty claims in the most efficient time practicable, we are also governed by the timeframes set/met by DJI. DJI Global Warranty information is available at https://www.dji.com/au/service/policy
23 SERVICE SCHEDULES
- Any Service Schedules, Shipping Dates and Completion Dates provided by Fly the Farm to the Customer are estimates only and are not of the essence.
- Fly the Farm is not liable for any loss to the Customer (or other parties) resulting from late delivery or non-delivery.
- Fly the Farm may at its option deliver the Services to the Customer in any number of instalments unless otherwise agreed in writing with the Customer.
- If Fly the Farm delivers any of the Services by instalments, and any one of those instalments is defective for any reason:
i.it is not a repudiation of the contract;
ii.the defective instalment is a severable breach that gives rise only to a claim for compensation.
24 CREDIT LIMIT
- If Fly the Farm grants any credit facility or nominates any credit limit, that is an indication only of its intention at the time. Fly the Farm can vary or withdraw any credit facility at its unfettered discretion, without liability to the Customer or any other party.
- No Order that has incurred work, product or service costs may be cancelled except with consent in writing and on terms, which will indemnify Fly the Farm against all losses resulting from such cancellation, and any costs incurred as a result of cancellation are paid in full.
- Orders placed, but not confirmed / paid within 72 hours will be cancelled automatically and any related quotes will be voided.
- If the Customer shall default in any of its obligations under this contract, Fly the Farm shall have the right to determine this contract immediately upon the provision of written notice to the Customer.
- To the extent permitted by law, upon termination of the contract prior to payment of the Price in full all amounts due under the contract become payable forthwith.
27 NO WAIVER
- No relaxation by Fly the Farm of the Customer’s obligations under this contract shall be regarded as a waiver of Fly the Farm' right to enforce those obligations on a subsequent occasion.
28 APPLICABLE LAW
- This contract shall be construed according to the laws of the State of Queensland and the parties submit to the jurisdiction of the Courts of Queensland
- To the extent possible, any part of these terms and conditions may be severed without affecting any other part.
- Fly the Farm will take all necessary care to ensure safe shipment of the article, but will not be held liable for: Items lost/stolen/damaged in transit where insurance was not selected by the customer (or shipping methods provided select by the customer).
- Locations outside capital cities and major regional centre’s may take an extra two to three days to be delivered. Some areas may take longer due to the frequency of deliveries to the delivery postcode.
- Fly the Farm is not responsible for estimated or guaranteed delivery dates calculated at checkout and we do not refund shipping charges if a customer order was not delivered by the estimated delivery date. This includes loss of income, etc.
- Certain large items and high value items may be shipped by courier with insurance protection, customers agree to pay for all insurance and postage costs.
- Where an aircraft is ordered together with a protective case, we will repack the aircraft into the case, (additional shipping costs may apply).
- Where free shipping promotion is offered, order will be shipped via the best-value shipping method available. Parcel insurance is not included by default. Transit insurance is optional and must be requested by the customer by contacting us before the order is posted.
- Fly the Farm is not liable for delays in despatch, transit time, delivery issues, non-delivery of items, or other.
- The client must pay return freight charges, in the case of a Warranty Repair/DOA, Fly the Farm will cover the return freight charges.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
- Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors (including processing errors and shipping estimates) may occur. If we discover an error in the price or payment of any Products which you have ordered, we will inform you of this as soon as possible and in this instance, we reserve the right to reject your order.
- Our Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right (at our absolute discretion) to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
- When ordering from our website we require funds to fully clear before we send your order.
- If you order through PayPal your order will not be available to collect and is required to be sent to an address you provide.