© 2016 XAG Australia All Rights Reserved

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XAG AUSTRALIA WEBSITE

TERMS & CONDITIONS

Thank you for your interest in XAG AUSTRALIA and its affiliated companies (collectively, “XAG AUSTRALIA”) and in the various websites provided by XAG AUSTRALIA, including our website at www.xagaustralia.com.au and all associated sites linked to www.xagaustralia.com.au by XAG AUSTRALIA (collectively, the “Site”). Please read the following terms and conditions carefully. By accessing the Site or any of the services provided to you through the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and the XAG AUSTRALIA Privacy Policy (available at https://www.xagaustralia.com.au/policy) (together, these “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not access the Site.

 

Revolution AG PTY LTD Trading as XAG Australia (ABN 56 614 943 118) is an authorized Australian Supplier of IoT Field Monitoring Statio, drones (“UAV”), drone component and drone accessories collectively known as (“Products”).  XAG AUSTRALIA is also a provider of Drone Rental Services, Drone Repair Services (“Repairs”) and Drone Technical Support Services (“Support”).

These Terms and Conditions govern the purchase, rental or request of Products, Repairs and/or Support and form a legally binding agreement between XAG AUSTRALIA and You (“Purchaser, “Customer”, and “Buyer”).  You acknowledge that these terms and conditions apply to your products purchase of Products and/or request of Repairs and/or Support.  By purchasing products and/or requesting repairs and/or support

 

You acknowledge that you have read and understood, and agree to be bound by, these terms and conditions.

 

These Terms provide that all disputes between you and XAG AUSTRALIA will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action.

 

1. ELIGIBILITY

You must be at least 13 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Site, and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

 

2. ACCOUNTS AND REGISTRATION

To access certain features of the Site, such as when you participate in the XAG AUSTRALIA Forum, you may be required to register for a XAG AUSTRALIA account. When you register for a XAG AUSTRALIA account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your XAG AUSTRALIA account and password, and you accept responsibility for all activities that occur under your XAG AUSTRALIA account

 

3. LIABILITY

 

  • XAG AUSTRALIA assumes no liability for damage or injury associated with the improper use of the systems sold.

  • XAG AUSTRALIA does not guarantee the error-free behavior of the hardware, electronics or software. Like any electronic device, there is the potential for malfunction, glitch or error which the user must be aware of.  If any product failure were to occur, the customer still maintains all rights under the manufacturer’s warranty and Australian consumer law. If the customer disagrees with the assessment of the manufacturer they are entitled to challenge it under ACL which is usually via the small claims court in their state. In order to dispute the assessment of the manufacturer and or XAG AUSTRALIA, the customer will be required to submit detailed and factual evidence to support their own dispute. In such a case, XAG AUSTRALIA will also be presenting evidence of their own and that of the manufacturer.

  • Despite careful preparation and review, XAG AUSTRALIA does not assume any warranty or liability (direct or indirect) for the accuracy of the software, hardware or information once the product has been built, configured, tested and handed over to the customer.

  • Ready to Fly Platforms will require the use of a computer to change the parameters and settings of the UAV drone.  Any adjustments or changes made by the user, are solely at the risk of the user.  XAG AUSTRALIA accepts no liability and will not compensate or repair where customers have applied firmware updates to their drone or componentry which has resulted in malfunction or failure. XAG AUSTRALIA recommends removing propellers, gimbals and any 3rd party or added components prior to upgrading firmware. In rare cases, firmware updates have been known to disengage/lower landing gear or even activate the motors.

  • Liability for adjustments: The Purchaser is responsible for adjustments to the UAV Drone to suit personal preferences.  XAG AUSTRALIA does not recommend making any changes to the original configuration as supplied by us.

  • Where ANY changes have been made to the initial configuration of the drone or component as supplied by XAG AUSTRALIA, the purchaser bears all liability for the change in configuration. Where the change in configuration results in error, malfunction, or damage to the drone, persons or property, the purchaser assumes all liability.

  • A purchaser will be subject to a fee for reconfiguration of the drone or component where changes have been made from the original configuration installed.

  • XAG AUSTRALIA is not liable for any errors in the reconfiguration of drone or flight controller, except where a fee has been charged for reconfiguration. This does not include the initial configuration of the drone.

  • XAG AUSTRALIA is not liable for advising UAV suitability for the client’s purpose. We advise clients on the capabilities of each machine, and it is at the discretion of the client as to which system they choose, and the suitability of such for their purposes.

  • XAG AUSTRALIA does not, under any circumstance, assume to enter into contracts with customers regarding delivery of drone systems within a specific time frame.  Any urgent requests for delivery will be accommodated where possible, but XAG AUSTRALIA will not be held liable for loss of income, favor or other, where drone systems, components, or accessories are not delivered to the client within the advised timeframe.

  • XAG AUSTRALIA will not be held liable in any way where clients are purchasing products with an urgent requirement; if the client chooses to proceed with a purchase it is wholly their liability to as to the assumption of risk for delivery.

  • Where XAG AUSTRALIA advises timeframes for delivery, these are indicative timeframes only and can be affected by numerous factors.  XAG AUSTRALIA will not be held liable for loss of income, favor or other related to late delivery of UAV systems, components or accessories.

  • XAG AUSTRALIA is not liable for loss or damages for loss of/inability to work due to non-delivery, or non-function of UAV systems or equipment.

  • Liability for damages: The purchaser is responsible for ensuring the product is used in compliance with local laws, and that at no point during the flight there is the potential for risk to person/s or property.  The purchaser is responsible to ensure there is adequate clearance from potential hazards and will ensure that there is no potential for injury or damage to persons or property if the drone were to fail due to operator error or component failure. Any persons injured or any property damaged by the use of this product is the sole responsibility of the user.  The purchaser is also responsible for determining the suitability of the product for his or her intended use.

  • Liability for improper use: The Purchaser assumes liability for improper use of this product.

  • Insurance: It is recommended that the Purchaser does not fly prior to purchasing liability insurance. This helps cover costs in the event that persons are hurt or property is damaged as a result of your use of UAV drone technology. In general, model aircraft are not covered by standard liability insurance.

  • Assumption of risk. The purchaser is responsible for ensuring the product is used in compliance with local laws and that at no point during the flight there is the potential for risk to person/s or property.  The purchaser is responsible to ensure there is adequate clearance from potential hazards and will ensure that there is no potential for injury or damage to persons or property if the drone were to fail due to operator error or component failure.  Any persons injured or any property damaged by the use of this product is the sole responsibility of the user. The purchaser is also responsible for determining the suitability of the product for his or her intended use.

 

4. PAYMENTS

  • Unless otherwise stated, orders must be paid in full before they are shipped or picked up from XAG Australia. For custom builds, a deposit may be required upfront, with the remaining balance being paid before shipment or pickup.

  • Where a customer has placed a deposit on a UAV system, the customer understands that this deposit is non-refundable for the following scenarios:

    • Where a customer has a change of mind regarding system components, use or specifications.

    • Where the customer cannot, or chooses not to proceed with an order

    • Where a customer seeks cancellation of the order due to delayed delivery on a UAV system, without providing 2 weeks’ notice to XAG AUSTRALIA.

    • Where a customer incorrectly purchases a product without prior research and/or advice from XAG AUSTRALIA or other relevant literature, the customer is not entitled to a refund.

  • In the event of non-payment and the account being in default and being referred to an external party for collection, the customer shall be liable for all resulting costs arising from the recovery, including commission which would be payable if the account is paid in full and legal costs including demand costs.

  • Interest shall run on the amount of monies outstanding from the date due for payment until the date payment is made at the rate prescribed by the Penalty Interest Rates Act plus two per centum.

  • In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred, including legal demand costs, in addition to the full amount outstanding.

  • Where XAG AUSTRALIA have specially ordered in an item based on a paid order, or order with deposit received, the cancellation of the order is at the discretion of XAG AUSTRALIA. This includes aircraft and payloads specially ordered with custom specifications, including thermal cameras like DJI XT, WIRIS, and FLIR series.

  • A customer may be eligible for a partial or full refund on deposit, at the discretion of XAG AUSTRALIA, in the following situations:

    • Where a customer has a specific timeframe requirement for handover – which has been communicated to, and agreed in the contract – and has not been met by XAG AUSTRALIA.

    • Where XAG AUSTRALIA cannot supply a functional UAV system or the core parts associated with such system (flight controllers, motors, propellers, radio’s etc.) are unavailable.  Auxiliary items such as batteries, chargers, etc., are not considered to be core parts of the UAV system

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5. REFUNDS

  • All Custom Built, Industrial, and/or Professional Series Drone sales are final. Once a client has commissioned XAG AUSTRALIA to build a custom drone system, there is no scope for cancellation of the build, and the customer is liable for full payment on the system once complete. If the customer wishes to cancel the order for any reason, this will be wholly at the discretion of XAG AUSTRALIA, and a restocking fee of 50% will apply.

  • Notwithstanding points noted above relating to warranty and DOA claims, XAG AUSTRALIA will not normally refund any drone purchase once handed over to the client, except where Australian Consumer Law requires that XAG AUSTRALIA do so.  This will usually be determined following the steps outlined under the relevant state small claims courts process.

  • Refunds, repairs and warranty claims are determined by a number of factors, including price, age, life expectancy, etc. Depending on the type and level of failure, XAG AUSTRALIA will decide, at their discretion, whether to remedy a failure by repair, replacement or refund. Should the consumer not agree with the decision of XAG AUSTRALIA, they are within their rights to pursue the matter further under their relevant state’s small claims court process.

  • XAG AUSTRALIA does not deal in any second hand or used equipment.

  • Where a client is seeking a refund due to delayed delivery of a Custom Built, Industrial, and/or Professional Series Drone, the client must provide an official written 2-week notice of intent to XAG AUSTRALIA.  If XAG AUSTRALIA cannot supply the UAV drone, flight/video system, or major accessories required for flight within this 2-week notification period, the customer will be provided a full refund on parts and labor costs associated with the UAV drone and accessories.  Major accessories do not include drone batteries or other ancillary items which can be purchased elsewhere.

  • Where a deposit has been placed for an item a customer may be eligible for a partial or full refund on this deposit, at the discretion of XAG AUSTRALIA, in the following situations:

    • Where a customer has a specific timeframe requirement for handover – which has been communicated to, and agreed in the contract – and has not been met by XAG AUSTRALIA.

    • If there are any discrepancies with your order, they must be reported to XAG AUSTRALIA Aerials within one week of delivery.

    • Where XAG AUSTRALIA cannot supply a functional UAS, or the core parts associated with such system (flight controllers, motors, propellers, radio’s, etc.) are unavailable. Auxiliary items such as batteries, chargers, etc., are not considered to be core parts of the UAV system.