General terms and conditions                                                                                                                    

A.PRINCIPLE.

1) These GTC apply to all deliveries, services and offers of the company Eagle Eye.^® Eagle Eye® Solutions Ltd.

2) Terms and conditions of third parties (customers, etc.) are not accepted by Eagle Eye.^® Solutions GmbH - even if there are no obvious contradictions - is not recognized.

3) Changes to these GTC must be made in writing to be valid.                     

B: QUOTE, SCOPE OF SERVICE

1) Offers from the company Eagle Eye^® Solutions GmbH are subject to change and non-binding. This applies in particular with regard to price, quantity, delivery period, delivery possibility and other ancillary services.

2) The order confirmation of Eagle Eye^® Solutions GmbH defines the scope of the services to be provided, these GTC and any other special agreements shall apply in addition.

3) Eagle Eye^® Solutions GmbH reserves the right to consider deviations from the offer documents or the order confirmation due to mandatory legal or technical standards.

4) Flight orders: If the operation is deemed too dangerous or illegal by the pilot during execution (due to the flight environment / weather / gathering of people / etc.) he must and will abort the order. However, the pilot undertakes to justify in writing why he did not want to/could not carry out the flight.

5) Defined and scheduled flight operations may be postponed or cancelled by Eagle Eye^® Solutions GmbH due to the following circumstances: Force majeure, drone defect before or during the mission, weather, changed legal situation, pandemic, failure or withdrawal of required permits, flight preventing mental or physical condition of the pilot.

6) Spraying flights: Consideration of environmental protection requirements, spray composition, concentration and effectiveness are the responsibility of the client. Eagle Eye^® Solutions GmbH declines any liability for a wrong effect (too weak, too strong, unexpected, etc.) of the spraying.

7) Eagle Eye^® Solutions GmbH assumes no liability for the consequences incurred by the client through the execution of a flight order.

8) When using Bio Enzym, Bio Clean no damage is known to date (manufacturer) and therefore any liability is rejected. Bio Clean was approved in 2017 by Bio-Suisse, FIBL, BAFU and also the BAG.

C: CONSTRUCTION, SETTING, TRAINING AND CONSULTATION.

1) The customer is responsible for the proper assembly of the products delivered by Eagle Eye^® Solutions GmbH.

2) Adjustments and other services made on the basis of individual agreement of Eagle Eye^® Solutions GmbH will be charged separately.

3) Training and introduction of the customer to the operation of the delivered products shall be agreed individually and shall be charged separately.

4) Information provided by telephone shall only be binding if confirmed in writing.

D: DRITTLE PERFORMANCE.

1) Eagle Eye^® Solutions Ltd. is entitled to have services owed by it rendered by third parties.

E: DELIVERY TERMS.

1) The company Eagle Eye^® Solutions GmbH is bound exclusively to delivery dates agreed in writing. Unless otherwise agreed, changes to the order shall result in the cancellation of the previously agreed dates and deadlines.

2) In cases of force majeure or other events beyond the control of Eagle Eye^® Solutions GmbH (pandemic, etc.), the delivery and performance periods shall be extended accordingly.

F: ACCEPTANCE

1) The customer is obliged to test delivered products / services immediately after receipt for errors / defects and to notify Eagle Eye^® Solutions GmbH immediately in writing of any recognizable errors / defects.

2) Individual products / services / applications shall be deemed to have been accepted if the customer does not submit a written complaint within 10 days of handover of the goods or services.

G: MANAGEMENT

1) Defects shall be deemed to have been properly notified if warranty claims are asserted in writing and contain a detailed description of the notified defect.

H: RIGHT OF RETURN.

1) You can return the received goods within 5 days in perfect condition and in the original packaging. The cost of the return is borne by the buyer.

I: WARRANTY.

1) The customer is aware that technology products cannot be delivered error-free in every case due to their complexity and diverse application possibilities. In particular, the company Eagle Eye^® Solutions GmbH does not make any compatibility promises.

2) The company Eagle Eye^® Solutions GmbH will, after receipt of the ordinary notice of defect, at its own discretion either give instructions for the elimination of the defect or take other measures suitable for the elimination of the defect (e.g. sending information, instructions or manuals).

3) If the precautions according to the aforementioned point do not show success, the company Eagle Eye^® Solutions GmbH can eliminate properly complained defects after choice by rework, exchange with faultless commodity or delivery of a new product.

4) In case of definite failure of the rectification or replacement of the goods, the customer has the right to demand reduction of the remuneration or cancellation of the contract.

5) The warranty claim expires if the customer or third parties make changes to delivered products.

6) Unless otherwise specified, a general warranty period of 24 months from delivery and the manufacturer's contractual conditions apply.

7) Consumables are generally not covered by warranty, except for defects upon delivery (DoA). Consumables include batteries, propellers, etc.

J: LIABILITY

1) The company Eagle Eye^® Solutions GmbH is liable - for any legal reason - exclusively for damages, which are based on the violation of a main contractual obligation (if cardinal obligation) incumbent upon it or for damages, which it has caused grossly negligent or intentionally.

2) The company Eagle Eye^® Solutions GmbH is in no case liable for atypical and unforeseeable consequential damages.

3) Likewise, Eagle Eye^® Solutions GmbH shall not be liable for damages whose occurrence the customer could have prevented by reasonable measures - in particular service, maintenance and construction defects.

4) The company Eagle Eye^® Solutions GmbH assumes no liability of the products as a distributor. The respective GTC's and contractual conditions of the manufacturer and / or supplier apply.

K: Proof of Concept

Eagle Eye® Solutions GmbH reserves the right to charge a preliminary fee called "Proof of Concept" for each request for a quotation. If an order is placed, 1/3 of the "Proof of Concept" will be credited to the final invoice. The fee for a "Proof of Concept" is from CHF 450.- depending on location and order.  Eagle Eye® Solutions GmbH thus consolidates prices and prevents bid dumping to the benefit of the Swiss economy.

L: PRICES

1) The prices in the offer/order confirmation are authoritative, plus value added tax.

2) Services for which no fixed price is agreed in advance shall be charged at the list prices valid at the time of acceptance of the order.

3) The company Eagle Eye^® Solutions GmbH is not bound to the prices without express agreement to the contrary if a deadline of more than two months from the written order confirmation is provided. In this case, the list prices valid at the time of performance shall be charged.

M: PAYMENT CONDITIONS.

1) Unless otherwise agreed, payments shall be made 10 days after invoicing and without any deductions. In the event of non-compliance with this payment deadline, the customer shall be in default without further reminder.

2) Offsets and retentions are only permissible if counterclaims of the customer are recognized by Eagle Eye^® Solutions GmbH or have been legally established.

3) If several invoices are due for payment by the same customer, the due debt shall be paid first, and among several due debts, the older debt shall be paid first, unless otherwise ordered by the customer.

N: ASSIGNABILITY OF CLAIMS

1) The customer is not entitled to assign its claims against Eagle Eye^® Solutions GmbH or to transfer rights and/or obligations from contracts concluded with Eagle Eye^® Solutions GmbH in whole or in part to third parties without the consent of Eagle Eye^® Solutions GmbH. This applies in particular to or in the case of warranty claims.

O: SAVATOR CLAUSE

1) Should any provision of these GTC be or become invalid or unenforceable in whole or in part, or should such provision later lose its validity or enforceability, the validity of the remaining provisions of these GTC shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.

P: Place of filling.

1) Place of performance for all deliveries and services is the respective registered office of Eagle Eye^® Solutions GmbH.

Q: JUSTICE STATUS.

1) The place of jurisdiction shall be the respective registered office of Eagle Eye^® Solutions GmbH.