TERMS AND CONDITIONS – PRODUCTS, MAINTENANCE, TRAINING and OPERATIONS
- Virtual Edge Pty Ltd t/a Wicked Copters shall hereinafter be referred to as “Wicked Copters”.
- The person, firm or company with whom Wicked Copters 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 Wicked Copters to provide goods or services.
- “Offer” shall mean the quotation provided to the Customer by Wicked Copters 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 Wicked Copters 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 Wicked Copters.
- “Order” means the order placed with Wicked Copters in accordance with the Offer by signing acceptance of the Job Sheet or other documentation as applicable or providing verbal communication requesting Wicked Copters 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 Wicked Copters of such information and sign a non-disclosure statement outlining such information.
- “Products” means all products supplied by Wicked Copters.
- “Warranty” means the warranty for all products is as per manufacturer’s specifications. Wicked Copters does not offer any additional warranty on top of the standard manufacturer’s warranty. Please refer to the specific manufacturer for detailed warranty information. DJI’s Full Warranty Policy can be found here http://www.dji.com/service
- On acceptance of the Order by Wicked Copters, 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 Wicked Copters 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 Wicked Copters and shall only be subject to alterations in strict accordance with the terms and conditions contained herein.
- Wicked Copters 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 Wicked Copters and the Customer, unless they shall have been specifically modified or rescinded by Wicked Copters in writing prior to Wicked Copters’ 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, Wicked Copters reserves the right to make any changes to the Offer as it considers necessary.
- No dealing between Wicked Copters 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 Wicked Copters 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 Wicked Copters 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 Wicked Copters.
- Unless otherwise required by law, any warranty provided by Wicked Copters will be for a period of 3 months in relation to any Service and both Wicked Copters 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, Wicked Copters’ records will be conclusive evidence of what was ordered.
- On the placement of each Order, the Customer represents to Wicked Copters 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 Wicked Copters may require, the Customer shall inform Wicked Copters 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
- Wicked Copters 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.
- Wicked Copters 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.
- Wicked Copters 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 for craft owned and operated under UOC Reference Number 1-12HSJZ-01.
6 ORDERS / INSTRUCTIONS / SPECIFICATIONS
- The Customer shall, as soon as an Order has been placed, forthwith provide Wicked Copters with sufficient details and instructions to enable Wicked Copters to commence work. Any additional costs or expenses incurred by Wicked Copters as a result of the Customer’s delay in this regard may be added to the Price by Wicked Copters.
- Orders for products placed online, telephonically or via email will require payment upfront if not in stock in the Darra Warehouse.
- 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 Wicked Copters 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 Wicked Copters the Customer Materials in a timely manner to ensure that Wicked Copters has the necessary time to meet any agreed time schedules.
- The Customer will comply with all reasonable directions by Wicked Copters in relation to the format requirements of the Customer Materials.
- The Customer grants Wicked Copters 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 Wicked Copters in accordance with this Order will not infringe the intellectual property rights of any third party.
- The Customer indemnifies Wicked Copters 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.
- Wicked Copters reserves the right not to use any Customer Materials which Wicked Copters (acting reasonably) deems to be inappropriate or offensive or otherwise in breach of any laws or regulations.
- Wicked Copters is not obliged to retain back up copies of the Customer Materials and to the extent permitted by law Wicked Copters will not be liable (whether in contract, tort, negligence, statute or loss of any of the Customer Materials.
9 ADDITIONAL SERVICES, CHANGES TO THE BOOKING
- If the Customer requests a change to the booking, which requires additional Services to be performed by Wicked Copters, then:
i.the additional Services will incur additional Fees calculated by reference to Wicked Copters’ hourly charge for the time being; and
ii.at its sole discretion, Wicked Copters 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 Wicked Copters in carrying out the Services (‘Wicked Copters IP’) will be retained by Wicked Copters.
- Upon full payment of the Fees by the Customer, Wicked Copters will grant a perpetual, royalty free, non exclusive and non transferable licence to the Customer to use the Wicked Copters IP for the Customer’s internal purposes or purposes communicated in writing to Wicked Copters at the time of booking Wicked Copters Services.
- The Customer grants Wicked Copters a perpetual, royalty free, non exclusive and non transferable licence to use Customer’s trademark, business name and other mark or logo, media containing Wicked Copters footage for marketing and promotional activities to indicate the Customer as a current or past client of Wicked Copters.
a. 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 Wicked Copters in one continuous operation. Any additional expense incurred by Wicked Copters as a result of Wicked Copters 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 Wicked Copters.
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 Wicked Copters.
13 PAYMENT TERMS
- Any Customer who has been granted (in writing) a trade account or credit by Wicked Copters 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 Wicked Copters that the Services are complete whichever is the earlier.
(b) 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 Wicked Copters in its discretion).
(c) Wicked Copters 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 Wicked Copters 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 Wicked Copters 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 Wicked Copters.
- 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 Wicked Copters 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 Wicked Copters shall execute its work during normal working hours from 8.30am to 4.30pm in a five (5) day week. Wicked Copters may, at its sole discretion, elect to accept or decline any Offer which may (as a result of the Offer or Wicked Copters’ 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 Wicked Copters.
- Wicked Copters 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 Wicked Copters from all liability and indemnifies Wicked Copters 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 Wicked Copters its servants or agents.
20 LIMITATION OF LIABILITY
- Wicked Copters’ 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 Wicked Copters’ sole discretion.
- Wicked Copters’ 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 the Company 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.
- Warranty Period: It will be valid from the date of product is received by customer.
- Warranty Scope: The DJI product warranty does not cover operational errors, improper use, incidents while using third party apps, water damage, hardware maintenance or modification. DJI does not guarantee (whether expressed or implied) against personal property damage or personal injury as a result of operational errors, unsuitable uses or non-infringement implicit guarantee.
23 SERVICE SCHEDULES
- Any Service Schedules, Shipping Dates and Completion Dates provided by Wicked Copters to the Customer are estimates only and are not of the essence.
- Wicked Copters is not liable for any loss to the Customer (or other parties) resulting from late delivery or non-delivery.
- Wicked Copters may at its option deliver the Services to the Customer in any number of instalments unless otherwise agreed in writing with the Customer.
- If Wicked Copters 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 Wicked Copters grants any credit facility or nominates any credit limit, that is an indication only of its intention at the time. Wicked Copters 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 Wicked Copters 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, Wicked Copters 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 Wicked Copters of the Customer’s obligations under this contract shall be regarded as a waiver of Wicked Copters’ 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.
- Wicked Copters 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 days to be delivered. Some areas may take longer due to the frequency of deliveries to the delivery postcode.
- Wicked Copters 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 lost 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 a aircraft is ordered together with a protective case, we will repack the aircraft into the case, unless requested otherwise (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.
- Wicked Copters in 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, Wicked Copters 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.