General Terms and Conditions
General Terms and Conditions of Business
1) These GTC apply to all deliveries, services and offers of Eagle Eye® Solutions GmbH.
2) Terms and conditions of third parties (customers, etc.) shall not be recognised by Eagle Eye® Solutions GmbH – even if there are no obvious contradictions.
3) Amendments to these General Terms and Conditions must be made in writing in order to be valid.
OFFER, SCOPE OF SERVICES
1) Offers made by Eagle Eye® Solutions GmbH are subject to change and non-binding. This applies in particular with regard to price, quantity, delivery period, delivery possibilities 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 take into account deviations from the offer documents or the order confirmation as a result of mandatory legal or technical standards.
4) Flight orders: If the operation is deemed too dangerous or illegal by the pilot during the execution (due to the flight environment / weather / accumulation 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) Flight orders: Defined and scheduled flight operations may be postponed or cancelled by Eagle Eye® Solutions GmbH due to the following circumstances: Force Majeure, drone malfunction prior to or during the assignment, weather, change in law, failure to obtain or withdrawal of required permits, pilot’s mental or physical condition preventing flight.
6) Spraying flights: Consideration of environmental regulations, spray composition, concentration and effectiveness are the responsibility of the client. Eagle Eye® Solutions GmbH declines any liability for an incorrect effect (too weak, too strong, unexpected, etc.) of the spraying.
7) Eagle Eye® Solutions GmbH accepts no liability for the consequences incurred by the client as a result of the execution of a flight order.
8) When using Bio Enzym, Bio Clean ATM no damages are known to date (manufacturer) and therefore any liability is declined. BioClean was approved in 2017 by Bio-Suisse, FIBL, BAFU and also the BAG.
ASSEMBLY, ADJUSTMENT, TRAINING AND ADVICE
1) The customer is responsible for the proper assembly of the products delivered by Eagle Eye® SolutionsGmbH.
2) Adjustments and other services carried out by Eagle Eye® Solutions GmbH on the basis of an individual agreement shall be charged separately.
3) Training and introduction of the customer to the operation of the products supplied shall be agreed individually and shall be charged separately.
4) Information given by telephone shall only be binding if confirmed in writing.
THIRD PARTY SERVICES
1) Eagle Eye® Solutions GmbH shall be entitled to have services owed by it rendered by third parties.
1) Eagle Eye® Solutions GmbH shall be bound exclusively by 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 deadlines shall be extended accordingly.
1) The Customer shall be obliged to test delivered products / services for faults / defects immediately upon receipt and to notify Eagle Eye ® Solutions GmbH immediately in writing of any recognisable faults / defects.
2) Individual products / services / applications shall be deemed to have been accepted if the customer does not lodge a written complaint within 10 days of handover of the goods or services.
CLAIMS OF DEFICIENCY
1) Defects shall be deemed to have been duly notified if warranty claims are made in writing and contain a detailed description of the defect notified.
RIGHT OF RETURN
1) You may return the goods received within 5 days in perfect condition and in the original packaging. The costs of the return shipment shall be borne by the buyer.
1) The customer is aware that due to their complexity and diverse application possibilities, technology products cannot be delivered error-free in every case. In particular, Eagle Eye® Solutions GmbH does not make any compatibility promises.
2) Eagle Eye® Solutions GmbH shall, at its own discretion, either provide information on how to remedy the defect or take other measures suitable for remedying the defect (e.g. sending information, instructions or manuals) after receipt of the ordinary notice of defect.
3) If the measures taken in accordance with the above point are unsuccessful, Eagle Eye® Solutions GmbH may, at its discretion, remedy the defect by repairing the defect, replacing the defective goods or supplying a new product.
4) In the event of definitive failure of the rectification or replacement of the goods, the customer shall be entitled to demand a 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 shall apply.
7) No warranty is generally granted on consumables, except for defects on delivery (DoA). Consumables include, but are not limited to, batteries, propellers.
1) Eagle Eye® Solutions GmbH shall be liable – on any legal grounds whatsoever – only for damage resulting from a breach of its primary contractual obligation (cardinal obligation) or for damage caused by gross negligence or wilful misconduct.
2) Eagle Eye® Solutions GmbH shall in no case be liable for atypical and unforeseeable consequential damages.
3) Similarly, Eagle Eye® Solutions GmbH shall not be liable for damage the occurrence of which the customer could have prevented by taking reasonable measures – in particular service, maintenance and construction defects.
4) Eagle Eye® Solutions GmbH assumes no liability for the products as distributor or agent. The respective general terms and conditions and contractual conditions of the manufacturer and/or supplier shall apply.
1) The prices in the quotation/order confirmation are decisive, plus VAT.
2) Services for which no fixed price has been agreed in advance will be charged at the list prices valid at the time the order is accepted.
3) Unless expressly agreed otherwise, Eagle Eye® Solutions GmbH shall not be bound by the prices if a deadline of more than two months from the written order confirmation is envisaged. In this case the list prices valid at the time of performance of the service shall be charged.
TERMS OF PAYMENT
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) Set-offs and retentions shall only be permissible if the Customer’s counterclaims are recognised 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.
ASSIGNABILITY OF CLAIMS
1) The Customer shall not be entitled to assign its claims against Eagle Eye® Solutions GmbH or to transfer rights and/or obligations under 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 warranty claims.
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 which comes as close as possible to the economic purpose of the invalid provision.
PLACE OF FULFILLMENT
1) Place of performance for all deliveries and services shall be the respective registered office of Eagle-Eye® Solutions GmbH.
PLACE OF JURISDICTION
1) The place of jurisdiction shall be the respective registered office of Eagle Eye® Solutions GmbH.