Airship Solutions – Terms & Conditions
Terms & Conditions Terms and Conditions of Sales and Services of Airship Solutions Pty. Ltd.
ABN 31 107 559 437
1. General
a. All goods are supplied by Airship Solutions Pty. Ltd. (subsequently referred to in these conditions as ‘The Company’) subject to these conditions, which supersede any earlier sets of conditions appearing on the website or elsewhere and which shall override any terms or conditions stipulated, incorporated or referred to by the Buyer, whether in the order or in any negotiations.
b. The relaxation or waiver by The Company of any of these conditions on any occasion shall act merely as a waiver on that occasion and shall not affect our right to enforce any of these conditions on any subsequent occasion.
c. Any variation of these conditions must be confirmed in writing by The Company and will not otherwise be valid.
d. No order shall be deemed to have been accepted by The Company unless it is accepted by The Company in writing.
2. Quotations
Quotations provided are effective for thirty days at the exchange rate applicable at the date of quote.
3. Cancellation
An order which has been accepted in accordance with these conditions can only be cancelled by the Buyer if the Buyer obtains the Company’s prior consent in writing. In the event of a cancellation the Buyer shall reimburse the Company for all costs, loss of profits or expenses incurred by the Company as a result of the cancellation whether such expenses were incurred before or after the date of cancellation.
4. Prices
a. All prices are subject to change without notice and all orders are accepted by The Company on the condition that they will be invoiced at the prices ruling at the date of dispatch.
b. The price of the goods is that stated in the quotation except that there shall be added to such price any change in duty, taxes or freight paid or payable by the Company.
5. GST
All prices quoted will not include GST unless stated. Goods & Service Tax, rates of exchange and customs duty shall be an additional cost to the Customer. A Tax Invoice will be supplied in the approved format.
6. Payment
Terms of payment are strictly as stated on the invoice for sales or services provided. Payment of account is taken as acceptance of these terms and conditions and Release and Indemnity.
7. Delivery
Any time or date quoted by The Company for delivery is given and intended as an estimate only. Whilst every endeavor will be made to meet an estimated time for delivery the Company shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.
8. Warranty
All goods which are The Company’s own or The Company’s principals manufacture are guaranteed against faulty workmanship, materials or design for a period of six (6) months from the date of dispatch after which all liability on the part of The Company ceases. The Company’s liability for any loss, injury or damage attributable thereto shall be limited to making good by replacement or repair of any defect which appears therein under proper use provided that The Company is permitted to inspect the defect before replacement, the defective parts being returned free to the Company’. Any unauthorized repairs or alterations to the equipment shall invalidate this warranty. In the case of goods not of the manufacture of The Company or its principals, The Company undertakes that it will, if requested in writing by the purchaser, make all reasonable endeavor in assisting the purchaser to obtain from the manufacturer the benefit of any guarantee or warranty which the manufacturer may have expressly given as to the quality or fitness for any purpose of the goods, except as may otherwise be provided for by law. The fulfillment of this undertaking shall constitute The Company’s sole liability in respect of any faulty goods not of the manufacture of The Company or its principals. The Company shall not be liable for any loss of profits or any other consequential loss or damage suffered by the purchaser in consequence of any defect in materials or workmanship of the goods (whether of the manufacture of The Company or its principals or other-wise) or the failure of the goods to perform in accordance with any performance figure stated.
.
This warranty does not apply where in Airship Solutions’ opinion, a defect has
been caused by careless or improper handling, by non-adherence to operating instructions or by fair wear and tear. For the purpose of making any claim in accordance with this clause the Buyer must:
(i) immediately upon becoming aware of circumstances giving rise to a claim under this clause, notify Airship Solutions Pty. Ltd. in writing setting out full particulars of the claim;
(ii) return the goods to Airship Solutions Pty. Ltd. for inspection and testing at its request.
9. Credits
A return of goods will be accepted only if:
i. The goods are in an unsoiled, undamaged and re-saleable condition in their original package.
ii. The goods are returned within 8 days of delivery accompanied by a copy of the original delivery docket stating The Company’s original invoice number and stating the reason for return.
iii. All charges for freight and handling are to the Buyer’s account
10. Claims
Airship Solutions Pty. Ltd. shall not be liable in any circumstance for any:
(i) defects or damages caused in whole or in part by misuse, abuse, neglect, improper application, repair or alteration (other than by Airship Solutions Pty. Ltd.) or accident;
(ii) transport installation removal, labour or other costs;
(iii) technical advice or assistance given or rendered by it to the customer or not in connection with the manufacture construction or supply of goods for or to the customer.
11. Ownership of goods
(i) Title to the goods shall not pass to the Buyer unless and until all monies due to the Company by the Buyer have been fully paid.
(ii) Notwithstanding that title to the goods may not have passed to the Buyer, the Company’s liability in relation to the goods shall cease upon the goods being delivered to the designated delivery point.
12. Liability
The Company shall not be liable directly or indirectly, for loss or damage of any kind arising out of or resulting from the sale, possession, maintenance, storage or use of the goods by the Buyer or any breach of any warranty or condition of these conditions be it expressed or implied or otherwise.
13. General
Any advice recommendation or assistance provided by the Company to the Buyer in relation to any goods and/or services is provided in good faith without liability or the responsibility to the Buyer. The Buyer should satisfy itself in all regards concerning any goods and/or services to be provided by the Company to the Buyer. Airship Solutions accepts no liability for any loss which may be suffered by any person who relies wholly or in part upon any description, information provided, or statement contained in this website nor any photograph supplied by Airship Solutions. Any aerial photography supplied of potential “development views” taken at various levels are indicative only. Airship Solutions makes no representation as to the correctness or suitability of photographs supplied for any particular purpose – they are intended as visual aids only.
14. Remote Controlled Airships
Airships can be inherently dangerous. It is the buyers responsibility to understand the nature and requirements of the airship and acknowledge that serious accidents or fatal injuries can happen as a result of operation of an airship. Acceptance of delivery of the airship is deemed acknowledgement that these terms and conditions have been read and understood and that the buyer accepts and assumes the inherent risks when operating the airship. The buyer acknowledges that operation of the airship is entirely at his/her own risk and that he/she agrees to:
(a) release and forever discharge Airship Solutions Pty. Ltd. from all liability and Claims arising from or in connection with the buyer’s operation of the airship;
(b) indemnify and hold harmless Airship Solutions Pty. Ltd. to the extent permitted by law in respect of any Claim by any person including but not only another participant in operating the Airship arising as a result of or in connection with participation in the Operation of the Airship.