AERONAVICS TERMS AND CONDITIONS FOR RTF PRODUCTS

In these terms and conditions:

  • “Aeronavics”, “Us”, “We” or “Our” means Aeronavics Limited;
  • “Authorised Aeronavics Servicer” means a person authorised by Aeronavics to repair, maintain or modify Aeronavics products;
  • “Delivery” has the meaning set out in clause 6(c);
  • “Force Majeure Events” means an event that is beyond Our control, that makes it impossible or impractical for Us to comply with Our obligations under these terms and conditions;
  • “GST” means goods and services tax in terms of the New Zealand Goods and Services Tax Act 1985, at the rate prevailing from time to time;
  • “Material Defect” means a material manufacturing defect, or material fault in the electronics or software of the RTF Product that renders that RTF Product inoperable or substantially reduces its performance;
  • “Modification” means any change, alteration, or addition made by You, or any person other than Us or an Authorised Aeronavics Servicer, to the RTF Product’s hardware, software or electronics, irrespective of its effect on the operability of the RTF Product, and includes the use of any third party’s hardware, software or electronics in conjunction with the RTF Product’s hardware, software or electronics;
  • “Part” means any part of the RTF Product, including the RTF Product’s hardware, software, and electronics;
  • “Party” means each of Aeronavics or You (as applicable) and “Parties” means Aeronavics and You;
  • “Purchase Price” means the price of the RTF Product which includes GST and all shipping costs (if applicable) to be paid by You to Us in accordance with these terms and conditions;
  • “RTF Product” means a Ready To Fly craft manufactured by Aeronavics Limited; and
  • “Warranty Period” means one year from the date of Delivery.
  • “You”, “Your”, “Yourself”, or “Purchaser” means the person who is interested in acquiring or has acquired the RTF Product, as applicable.

1.                 General Information

1.1              We are a manufacturer of industrial / commercial Ready To Fly and Turn-Key drone solutions, advanced multi-rotor airframes and related accessories. Based in New Zealand, We export Our products worldwide, servicing the ever expanding market in aerial robotic systems for agriculture, industrial inspection and security, film and broadcast media, and public service sector applications. We require the Purchaser to be familiar with and comply with the current local aviation regulations and the proper use of RTF Product’s and associated technologies prior to and during ownership of a RTF Product. The safety information at clause 3 of these terms and conditions provides the Purchaser with some information to assist the Purchaser to learn to operate, and maintain, its RTF Product. Operating Your RTF Product requires practice, skill and knowledge.

1.2              Clause 2 of these terms and conditions governs Your purchase of RTF Products from Us. By purchasing a RTF Product, You agree to these terms and conditions contained in clause 2. Clauses 3 to 12 of these terms and conditions are the terms of use of RTF Products. By using the RTF Product, You agree to the terms and conditions contained in clauses 3 to 12.

2.                 Terms of Sale

2.1              By placing an order for a RTF Product with Us or with one of Our authorised distributors, You are offering to purchase an RTF Product on and subject to the following terms and conditions. In order to contract with Us, You must be and warrant to Us that You are, over 18 years of age. We retain the right to refuse any order request made by You.

2.2              Our acceptance of any order is subject to availability of the RTF Product and/or any Part, and confirmation of the order price. Dispatch times are estimates only, may vary according to availability and are subject to delays resulting from postal delays or Force Majeure Events, for which We are not responsible (but We will use reasonable endeavours to mitigate). When placing an order, You undertake that all

details You provide to Us are true and accurate in all respects and that You are authorised to purchase an RTF Product. All prices advertised are subject to change.

2.3              Order Process

(a)               The customer places an Order with Us, We will discuss and agree upon the order details and specifications of Your RTF Product with You.

(b)               If We accept Your order, We will provide You with a draft sales order, which outlines specifications of the RTF Product ordered, the Purchase Price, expected date of delivery and the process of changing the sales order. Once You and We agree on the final format of the sales order, You will sign it and send it to Us. If We accept Your sales order, We will sign it and return it to You.

(c)               Once You have received the signed the sales order from Us, You must deposit 50% of the Purchase Price to our bank account specified in the sales order, or as otherwise agreed with Us.

(d)               The remaining portion of the Purchase Price (including any additional charges incurred as a result of a change to the Purchaser Order by You) must be paid before the RTF Product is collected by You or sent to You. Once the Purchase Price has been paid in full and received by Us, We will ship the RTF Product to You at the address You have told Us, or We will make the RTF Product available to You for collection at a location We will tell You.

2.4              Revisions and Changes to Sales order

(a)               Any revisions to the sales order must be signed off and agreed to by the Parties. These revisions include, but are not limited to, change of specifications, addition of features, or customisation of the RTF Product. You may incur extra costs in relation to any revisions made. These costs will be clearly outlined in a document varying the sales order, which will be signed by the Parties.

2.5              Payment Terms

(a)               Bank wire, VISA or Master Credit, debit cards or PayPal are all acceptable methods of payment. Payment with credit cards, debit cards or PayPal

incur a 4% surcharge on the Purchase Price. For payments through wire transfer, all transfer costs will be payable by You. The deposit paid by You (if applicable) is non-refundable, except in the following circumstances:

(i)                 to the extent that a Part or Parts of the RTF Product that We source from a third party is not available, We will refund You the portion of the Purchase Price paid for that Part;

(ii)                if We are unable to fulfil Your order; or

(iii)              if We agree (at Our sole discretion) to provide a refund for the deposit.

 

2.6              Collection/ Shipping Policy

(a)               Collections: If possible, We encourage You to collect Your order directly from Us. Please enquire with Us to arrange physical collections.

(b)               Shipping: While time is not of the essence, We will endeavour to have the RTF Product available for collection or actually delivered to You at Your premises within 4 to 8 weeks following payment of the deposit of 50% of the Purchase Price, or as otherwise agreed, provided that You acknowledge that We will not ship the RTF Product to You until You have paid the Purchase Price in full. We will ship Your RTF Product when You have paid the full Purchase Price. We will endeavour to communicate any potential delays in a timely manner to You.

(c)               Costs and liability for products on delivery: RTF Products shall be deemed to be delivered to You when You or Your designated carrier collects such RTF Product from Our premises (“Delivery”). Once an order leaves Our premises it becomes Your responsibility and risk in the RTF Product passes to You. Unless otherwise agreed by the Parties, You bear the risk of any loss, damage or deterioration of, or to, the RTF Products from the date of delivery of the RTF Product. You will be responsible for paying any insurance, import duties, customs related costs, returns fees, or shipping related costs.

(d)               Insurance: We recommend that You arrange for appropriate insurance cover for the RTF Product prior to shipping or collection to cover any risk of damage or loss to the RTF Product from the date of Delivery.

(e)               Title: Title to the RTF Product passes to You on the later of the time of Delivery or collection by You, or payment in full of the Purchase Price.

3.                 Safety Regulations

3.1              For Your safety and the safety of others, You agree to read and understand and follow the technologies and safety regulations outlined below prior to operating the RTF Product.

3.2              Every RTF Product is test flown by Us for basic flight features. Whilst We do test advanced features under optimum conditions, We cannot guarantee the performance of these fetures in different locations, conditions, or using different setups. Different locations and conditions affect the performance of GPS features due to the compass declination changes. You should perform a compass calibration before flying the RTF Product in a new flying location.

3.3              You should seek further information and assistance from Us, as needed, prior to using any RTF Product. You acknowledge that improper operation can cause serious injury and property damage.

3.4              Local rules and regulations: You must comply with all local and government rules and regulations on operating the RTF Product.

3.5              Safe flying: You agree to use Your best judgment and always practice safe flying techniques. You agree to only fly the RTF Product in safe flying areas free from hazards.

3.6              Preflight/ postflight checklist: You agree to conduct a thorough systems check before and after each flight, and ensure that the RTF Product receives periodic maintenance by Us or an Authorised Aeronavics Servicer.

3.7              Inexperienced Pilot: You agree to seek further information, assistance or training from Us if You are unfamiliar with the operation of Your RTF Product.

3.8              Modifications to the RTF Product: If any Modification is made to the RTF Product it is done so at Your own risk. You acknowledge that Our obligations under these terms and conditions or Your rights at law may be impacted or voided if any Modifications are made to the RTF Product (without seeking Our assistance or the assistance of an Authorised Aeronavics Servicer).

3.9              Serial numbers: You must not tamper with mask, deface, remove or obscure any serial numbers.

4.                 Privacy

4.1              We are committed to protecting Your privacy. We will only use Your personal informaton that We collect about You in accordance with the Privacy Act 1993.

5.                 Returns and Refunds Policy

5.1              To the extent permitted by law, unless there is a Material Defect in the RTF Product that arises within the Warranty Period, there are strictly no returns or refunds.

5.2              If You suspect there is a Material Defect, it is within the Warranty Period, and You wish to return an RTF Product or any Part of the RTF Product, You must:

(a)               cease using the RTF Product; and

(b)               contact Us and request a Return Merchandise Authorisation (“RMA”) number from Us.

5.3              The RMA must be displayed on or included in the returned RTF Product’s packaging. No returns will be accepted without this number. You must return the RTF Product with all its composite Parts (whether or not all Parts are intact) in its original box and /or in suitable packaging to protect the RTF Product from damage in transit. No returns will be accepted if the RTF Product is missing any of its Parts, or if it is outside the Warranty Period. You are responsible for all shipping, insurance and handling costs when returning any RTF Product.

5.4              Upon receiving the returned RTF Product, a qualified Aeronavics technician or agent will assess the RTF Product to determine whether there is or was a Material Defect.

5.5              If it is determined by Us, at Our absolute discretion (acting reasonably), that there is or was a Material Defect in the RTF Product, we will repair or replace the RTF Product You acknowledge that this is Your sole remedy in relation to any Material Defect.

5.6              If We repair or replace the RTF Product, title and risk in the RTF Product that You returned to Us passes to Us at the time We determine to either refund or replace the RTF Product.

6.                 Service and Repairs by Us

6.1              We offer repairs, servicing, and modification services to all purchasers of RTF Products.

7.                 Warranty

7.1              We warrant to You that the RTF Product will be free from Material Defects at the time of Delivery for the duration of the Warranty Period. In respect of such warranty, and to the extent permitted by law, Our total liability to You for any breach of such warranty, whether in contract, tort (including negligence), breach of a statutory duty or otherwise, will be limited to repairing or replacing (at Our option) the RTF Product. Warranty related repairs include Parts and labour.

7.2              You agree that (other than as expressly set out in this contract) all those representations and warranties (statutory, express or implied) that may lawful be excluded, are expressly excluded from these terms and conditions.

8.                 Consumer law

8.1              Nothing in these terms and conditions affect or limit any rights You may have under the New Zealand Consumer Guarantees Act 1993 and/ or the Fair Trading Act 1986.

8.2              If You are acquiring an RTF Product from Us for the purposes of a business, You agree that nothing in the Consumer Guarantees Act 1993 will apply to the RTF Product.

9.                 Liability

9.1              We will not be liable to You for any damage, injury, or loss caused by the RTF Product (unless such damage, injury or loss is caused by a Material Defect in the RTF Product).

9.2              Irrespective of there being a Material Defect in the RTF Product, We will not be liable to You for any damage, injury, or loss caused or contributed to by:

(a)               Your continued use of the RTF Product despite the RTF Product showing obvious signs of a Material Defect; or

(b)               Your improper, illegal, immoral or negligent use of the RTF Product.

9.3              Our total liability to You for any loss, liability, cost, damage or expenses suffered or incurred by You in contract, tort (including negligence), through breach of a statutory duty or otherwise arising out of or in connection with these terms and conditions, will be limited, in aggregate to the Purchase Price paid to Us by You.

9.4              Under no circumstances will We be liable to You for any loss of profit, loss of business, loss of contract, loss of goodwill (whether direct or indirect) or any indirect or consequential loss.

9.5              You agree to indemnify, defend and hold harmless Aeronavics Limited, its directors, officers, employees, consultants, agents, and affiliates, from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from:

(a)               Your use of any service or RTF Product Other than in accordance with these terms and conditions;

(b)               any Modification made to the RTF Product; or

(c)               Your improper, illegal, immoral, or negligent use of the RTF Product;

(d)               use of the RTF Product by any third party, if You have on-sold or transferred ownership in the RTF Product to that third party.

9.6              We recommend that You arrange for public liability insurance to sufficiently cover any loss, liability, cost, damage or expenses that may be incurred or suffered by You in respect of any claims by third parties in relation to Your use of the RTF Product.

10.              Notices

10.1           Each notice or other communication (each a “communication”) to be made, given, or delivered in writing under these terms and conditions, may be sent by email, personal delivery, post or by international courier (if applicable) to:

(a)               Aeronavics, at:

Email: contact@aeronavics.com

Postal Address
Aeronavics Ltd

226 Okete Road

c/- Te Uku PDC

3440 SH23

Raglan

New Zealand 3266

 

Our Importer code and Customs account number is 40261963F – please put this number in our shipping details if you are shipping from outside of New Zealand.

(b)               You, at Your email address or postal address that You have given Us.

10.2           No communication will be effective until received. A communication is deemed to be received:

(a)               in the case of personal delivery, when delivered;

(b)               if posted by mail or delivered to a document exchange, on the third Business Day in the place of receipt (or fifth Business Day if sent to another country) after posting or delivering to the document exchange; and

(c)               if sent by email, at the time the email communication enters the information system of the recipient party.

11.              Waiver

11.1           No waiver of any breach, or failure to enforce any provision, of these terms and conditions at any time by either Party shall in any way limit or waive the right of that Party to subsequently require strict compliance with these terms and conditions.

 

12.              Governing Law and Jurisdiction

12.1           These terms and conditions are governed by the laws of New Zealand and the Parties submit to the exclusive jurisdiction of New Zealand courts in respect of all matters relating to these terms and conditions.