Terms and conditions

General Terms and Conditions concerning Sales and Services of service-drone.de GmbH

Terms

General, Scope

  1. 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 fulfil the delivery in aware of conflicting or deviating terms and conditions of the customer.
  2. We are entitled to change these terms and conditions upon approval by the customer, provided the change is in consideration of our interests 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

  1. 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.
  2. 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 allowance in written form.

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, external approval procedures and acts of God. The same applies if the customer does not fulfill possible obligations to cooperate.
  • For customers which are entrepreneurs delivery ex works is agreed, provided the order confirmation does not state otherwise.

Services

  1. 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, shooting flights are operated only in accordance with legal regulations and requirements. In particular, the client is obliged to consider the following general implementation constants in advance:
    • No flight in rain
    • No flight before sunrise or after sunset
    • 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 150 m
    • Maximum horizontal distance to pilot 150 meters
    • Flight time per flight currently max. 8 minutes
    • No crossing of persons
  2. Verbal promises by our representatives or other auxiliary persons require written confirmation.
  3. If performance periods 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, external approval procedures and acts of God. The same applies if the customer does not fulfill possible obligations to cooperate.
  4. All rights (copyright) remains with us, if they are not expressly assigned to the client. The transfer of rights is generally subject to complete payment. We may use all works and services, e.g. graphical material, without restriction for own purposes.

Payments, Offsetting, Reseller Discount

  1. Unless agreed otherwise, fees are payable with order as a down payment of 50 % anddue 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. When an order is canceled, a cancellation fee is due as staggeredly follows:
    • up to 7 days before performance date, 30% net of fees
    • up to 3 days before performance date, 50% net of fees
    • up to 48 hours before performance date, 70% net of fees
    • up to 24 hours before performance date, 100% net of fees
  2. The customer is only entitled to offsetting rights, if his counterclaims are legally established, undisputed, indisputable, or and recognized by us.
  3. Granted reseller discounts apply exclusively to dealers authorised by us. It must be demonstrated that reseller discounted goods are actively offered for resale, in case of UAVs the resold UAV has to be regististered in the name of the end customer. If such proof is not provided at the latest within 6 months after receipt of the goods, the buyer must ensure to subsequently repay wrongly obtained reseller discounts (the difference on the originally agreed undiscounted purchase price).

Liability for defects

  1. If the customer is a consumer, we are liable at the existance of a defect in accordance with statutory provisions, unless there are no restrictions which are due to the following.
  2. If the customer is a consumer, the period of warranty for the supply of new goods is two years from delivery, for used goods one year. The period begins with the transfer of risk. This does not apply if there are claims for damages due to defects. For damages due to a defect, the regulations "liability for damages" are valid.
  3. The customer does not receive guarantees in the legal sense from us.
  4. If the customer Is an entrepreneur, we reserve the right of choosing the type of remedy in case of defects.
  5. If the customer Is an entrepreneur, the warranty period is always one year. The limitation period in case of recourse according to § § 478, 479 BGB remains intact. This does not apply if there are claims for damages due to defects. For damages due to a defect, the regulations "liability for damages" are valid.

Liability for damages

  1. 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 (§ 286 BGB). In that regard, we are liable for any degree of fault.
  2. The above disclaimer also applies to slight negligent breaches of duty by our vicarious agents.
  3. 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.
  4. 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.

Retention of title

  1. In contracts with consumers, we retain ownership of the purchased goods until full payment of the purchase price.
  2. The customer shall inform us forthwith and by submitting the necessary documents for an intervention concerning any execution activities by third parties in the reserved goods; this shall also apply for infringements of any other kind. Independent from that, the customer must already inform the third party of the existing rights to the merchandise rights in advance.
  3. If the value of securing our claims against the purchaser is beyond 20%, we have to release securities we are entitled to a corresponding extent on the buyer's request and at our option.
  4. If the customer Is an entrepreneur, we reserve title to the goods until all claims against the customer have been fulfilled, even if the specific goods have already been paid.
  5. If the customer Is an entrepreneur, accounts receivable which may result from these businesses from its customers are already now ceded to us for the event of a resale / rental of reserve goods until all our claims are fulfilled. In case of converting, alteration, or bonding of the reserved goods, the ownership of the produced matter is directly acquired by us. This is considered as reserved goods.

Final Provisions

  1. For this contract the law of the Federal Republic of Germany is valid. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
  2. Unless this contract states otherwise, the location of performance and payment is our registered office. The statutory provisions on the jurisdiction remain unaffected, as far as the special regulation of cypher 3 does not state otherwise.
  3. The exclusive jurisdiction for contracts with merchants, legal persons under public law or public special assets is the court of justice which is responsible for our registered place of business.

In case of dispute, the terms and conditions in the German version apply.

--

Status: 25/09/2013