Terms & Conditions

 

John Carnegie-Brown

  1. My terms and conditions apply exclusively; conditions of the customer which are conflicting or deviating from my terms and conditions will not be recognised unless I have expressly agreed to in writing. My terms and conditions apply, even if I fulfil the delivery while aware of conflicting or deviating terms and conditions of the customer.
  2. I am entitled to change these Terms and Conditions upon approval by the customer, provided the change is in consideration of my interest and 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 I 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. I 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 my explicit written permission.

Delivery

  1. If delivery times are specified by me and have been made on 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 including inclement weather. The same applies if the customer does not fulfil their obligations to cooperate.
  2. 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, filming flights which are operated only in accordance with legal regulations and requirements. In particular, the client is obliged to consider the following general legal and safety constraints in advance:
    • No flights in fog, rain or snow
    • Maximum wind speed (including gusts) up to 35 km/h
    • There must always be constant visual line of sight (VLOS) contact with the aircraft
    • Maximum altitude 120 m above the surface
    • Maximum horizontal distance to pilot 500 meters (maintaining VLOS)
    • Flight time per flight battery currently max. 18 minutes
    • All personnel on the ground (within 50 metres) must be under the explicit control of the Remote Pilot and fully briefed
    • The Remote Pilot has the absolute right to cancel or postpone the flight for any reason deemed necessary
    • Verbal promises by my representatives or other auxiliary persons require written confirmation.
  2. If performance periods are specified to me and have been made the basis for the award of the contract, such deadlines are extended for the duration any delay caused by strikes, external approval procedures, Acts of terrorism or war, inclement weather and acts of God.
  3. The same applies if the customer does not fulfil agreed obligations to cooperate. I will attempt to provide completed work within 14 days of filming.
  4. All rights (copyright) remains with me, if they are not expressly assigned to the client. The transfer of rights is generally subject to completed payment. I may use all works and services, e.g. graphical material, without restriction for own purposes unless specifically agreed otherwise in writing.

Payments, Offsetting, Re-seller Discount

  1. Unless agreed otherwise, fees are payable with confirmation of order as a down payment of 50 % and due 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 cancelled, a cancellation fee is due as 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, and recognised by me.

Liability for damages

  1. My 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.  In that regard, I am liable to a maximum of the monetary value of the job being undertaken by me for the Customer.
  2. The above disclaimer also applies to slight negligent breaches of duty by my 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 me is excluded or limited, this also applies to the personal liability of my employees, servants, employees, representatives and agents.

Retention of title

  1. In contracts with consumers and companies, I retain ownership of the purchased goods until full payment of the final Invoice is paid in full.

Final Provisions

  1. For this contract the British Law will be precedent.