The signature of the estimate, the sending of an order form or any other medium indicating an order with General Conditions of Sale implies acceptance of the General Conditions of Sale set out below and expressly mentioned on the On website. The Air.
1. APPLICATION OF THE “On The Air” GENERAL CONDITIONS OF SALE
These general conditions of sale are applicable to all products and services sold by On The Air. They are applicable in their entirety to any contract made between On The Air and its customers in Canada or abroad, regardless of the place of delivery. No derogation from these general conditions of sale can be accepted without the express and prior agreement of On The Air.
Any condition contrary to these general conditions of sale posed by the customer, in its own general conditions of purchase or in any other document, will be unenforceable against On The Air, regardless of when it may have been brought to its attention. If the shots requested by the Customer during the performance of a service required other devices than drones, the Customer already authorizes the Supplier to contact other companies which would have at their disposal the appropriate devices for the performance of the service. Any document other than these general conditions of sale and in particular catalogues, prospectuses, advertisements, has only informative and indicative value, not contractual.
2. ORDERS
Any purchase order stating the customer's agreement or any quote marked "good for agreement", or any document stating an order from Sky Drone Expert will be deemed firm and final upon receipt by On The Air.
3. DELIVERY TIMES AND CASES OF FORCE MAJEURE
On The Air hereby has a simple obligation of means as to the respect of the delivery dates. Delivery times are given for information and guidance only, these depending in particular on the number and order of arrival of orders placed with On The Air. On The Air strives to respect the delivery times that it indicates in its estimate and/or order form, according to the reference logistics time in the profession, and to execute the orders, except in cases of force majeure, or circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive (article 1148 of the Civil Code). Delays in delivery cannot give rise to any penalty or compensation, nor justify the cancellation of the order.
4. PAYMENT CONDITIONS IN THE ABSENCE OF A SPECIFIC AGREEMENT
On The Air reserves the right to pass on any new tax or any increase in existing tax rates without notice to its rates and current contracts. The terms of payment for the service(s) are as follows:
50% upon acceptance of the quote
On the day of delivery of the service, a payment of the final amount less the amount of 50% upon acceptance of the quote
In accordance with article L.441-6 of the Commercial Code, our invoices are payable within a maximum period of thirty (30) days from the invoice date, unless special agreements are made. No discount will be granted in the event of early payment.
5. RETENTION OF OWNERSHIP CLAUSE
The prices indicated on the commercial supports are understood in Dollars CAD. These prices can be modified at any time by the publisher, the prices displayed are only valid on the day of the order and have no effect for the future. The price applicable to the customer is that in force at the time of the order. The delivery costs will, in any case, be indicated to the user before any payment. The products sold, the deliverables or the digital files resulting from a service remain the property of the seller until full payment of their price, in accordance with this retention of title clause. In the absence of payment by the customer, of all or part of the agreed price, within eight (8) days following the date of presentation by registered letter with acknowledgment of receipt stating the said default and serving as formal notice remedy within the same period, the order and all orders in progress will be automatically terminated.
6. CANCELLATION
Any order accepted and canceled by means of a tool leaving a written record addressed to On The Air, subject to the issuance in return of an acknowledgment of receipt, without respecting a notice period of 72 hours before the execution of the project ordered will be invoiced in full. Any order accepted that has been the subject of the payment of a deposit cannot be canceled, except in cases of force majeure or express agreement. On The Air will be entitled to charge the full price as compensation, without altering its ability to sue to obtain damages in the event that damage of an amount greater than the order is demonstrated.
7. PENALTIES FOR LATE PAYMENT BY THE CUSTOMER
Any sum not paid on its due date will automatically produce a late payment penalty of 5 times the legal interest rate for the current year (Law 2008-776 of August 04, 2008) as well as a lump sum indemnity CAD 40 for recovery costs (Decree 2012-1115 of October 2, 2012). Additional compensation may be claimed, on receipt. In the event that the recovery costs incurred exceed the amount of the fixed compensation, On The Air reserves the right to request additional compensation, upon justification. Late payment penalties are payable without a reminder being necessary. Any payment made to On The Air is deducted from the sums due whatever the cause, starting with those which are the oldest due.
8. TRANSFER OF RISKS AND OWNERSHIP
a) Transfer of risk
On The Air retains ownership of the project or other original products designated on its commercial documents until full payment of their price in principal and interest. However, the risks are transferred to the customer upon delivery of the products or completion of a service.
b) Intellectual property and copyright
The shots of On The Air are original works protected by intellectual property legislation. The acquisition of On The Air images on graphic or digital media does not entail the transfer to the purchaser of the exclusive property rights attached thereto; their use is strictly limited to the private use of the purchaser.
Copyright: unless otherwise specified, all photographs, films produced by On The Air are subject to laws 57-298 of March 11, 1957 concerning artistic property and 85-660 of July 3, 1985 on copyright .
Reproduction rights: any reproduction by any process whatsoever of On The Air's images or creations is prohibited without the prior purchase of the corresponding reproduction rights. The rights are marketed with the digital file of the image for use as defined by the customer who mentions when ordering the format, the medium and the number of copies distributed. The assignment of rights to an image or an achievement does not include any exclusivity character unless expressly stated and, in no case, the possibility of assigning a copy of the file to third parties free of charge or against payment. The assignment of rights does not is acquired by the customer only subject to full payment thereof and use of the images or productions in accordance with the use defined at the time of the order. On The Air as well as the respective authors of the images reserve the right to refuse any use of the views for a purpose other than private, unless otherwise stated. Thus, On The Air and the author of the images cede their copyrights for the dissemination of the current project, but remain copyright holders for all uses in another project of these images and must be kept informed of any negotiations for the reuse of the same images in other productions, for which the parties, Sky Drone Expert / THE AUTHORS, will receive NEGOTIABLE copyrights ON EACH REUSE. Any use contrary to the above clauses of the images or creations of On The Air without prior agreement will result in a minimum billing of 5 times the value of the corresponding rights. In order to be able to prove the ownership of its images or productions, On The Air will keep a digital copy in the original format as soon as the shooting operations are finished. In case of doubt on the rights of use of the views, any clarification can be obtained by email at the following address: info@skydroneexpert.com
Image rights: If the Customer wishes the presence of identifiable individuals on the film shot or on the photos taken, he must first obtain their express and unequivocal agreement.
9. TRAVEL & SHIPMENTS
Beyond the kilometers included in our basic packages, On The Air will charge an additional fee of $0.50 per kilometer. These costs take into account the kilometer scale in force for the current year, as well as the actual costs incurred. (Including gas, insurance, etc.)
On The Air takes the maximum precautions for the protection of its shipments, however, the goods travel at the risk and peril of the recipient who must check the package upon receipt and issue, if necessary, the necessary reservations to benefit from the guarantees offered by the carrier who alone will bear any damage. Postage, packaging, customs, import taxes and more generally all costs other than those explicitly indicated as borne by On The Air, are the responsibility of the customer. Unless expressly guaranteed in writing, delivery times are indicative and do not constitute a firm commitment to deliver on a fixed date.
10. COMPLAINTS
No complaint can be taken into account after a period of seven (7) days from the date of performance of a service or delivery of goods or digital files.
11. OBLIGATIONS AND RESPONSIBILITY OF On The Air
a) Duties
On The Air undertakes to provide all the care and diligence necessary to provide quality services in accordance with the practices of the profession and the state of the art. On The Air only responds to an obligation of means. The digital files and original negatives of On The Air are kept in the best security conditions, however, On The Air can refuse a new order in the exceptional case of an involuntary destruction or alteration occurring to a negative or a file. digital. On The Air undertakes to keep and provide its customers with a copy of the digital files for a maximum period of six months, beyond which the customer becomes solely responsible for the conservation of his data.
b) Restrictions
The reparations owed by On The Air in the event of a failure resulting from a fault established against it will correspond to the direct, personal and certain damage linked to the failure in question, to the express exclusion of any indirect damage such as, in particular, commercial damage, loss of orders, damage to brand image, any commercial disturbance, loss of profits or customers. In any case, the amount of damages that could be charged to On The Air if its liability were engaged, will be limited to the amount of the sums actually paid by the customer to On The Air for the product or the service. considered or invoiced to the customer by On The Air or the amount of the sums corresponding to the price of the service, for the part of the product or the service for which the responsibility of On The Air has been retained. The lower of these sums will be taken into consideration.
12. PROVISION OF SERVICES
The provision of services offered by On The Air consists of boarding a drone with the appropriate device for taking shots (photos, 360° photos or videos), or taking measurements (antenna / sensors / …) .In the event that the device installed on the drone is the property of the Customer, the latter must insure the equipment against all risks associated with this type of service provision. In the absence of insurance, On The Air cannot be held responsible for any damage that may be caused to the equipment thus provided by the Customer. The drone thus equipped in accordance with the Customer's wishes must be piloted by an On The Air technician. In any case, the On The Air technician is subject to compliance with the legal obligations enacted in particular by the decree of April 11, 2012 relating to "the design of civil aircraft which circulate without any person on board, the conditions of their use and the capabilities required of the people using them. Thus, the Pilot is the only one to decide if he performs the provision of services with regard to the applicable legislation in such matters. Under no circumstances will the Customer be able to invoke non-performance of the contract when, in particular, the wind is blowing at a speed greater than 35 km/h or the drone cannot remain “in sight” of the technician. If the conditions are not met on the scheduled day and time, On The Air and the Customer must set by mutual agreement the performance of the service on another date. In the event that the Customer does not wish to postpone the execution to another date, On The Air will keep the installments paid as final and fixed compensation, in addition to the reimbursement of the costs that it would have incurred for the execution of said service. After viewing these images, the Customer must confirm whether he wishes to end the shooting or whether he wishes to take other shots. In accordance with the provisions referred to above, the realization of other shots will be the subject of an addition and incidentally of an additional invoicing which will be carried on the estimate and/or the order form.
13. GENERAL PROVISIONS AND APPLICABLE LAW
In the event of a contrary or contradictory clause with these general conditions of sale, it is by mutual agreement specified that the general conditions of sale above will prevail alone.
a) Modification of the general conditions
These general conditions may be modified at any time by On The Air. Any modification of these general conditions of sale without the written agreement of On The Air is void. The general conditions applicable to the user are those in force on the day of his order.
b) Applicable law and competent courts
These general conditions of sale will be governed by Canadian law. Any dispute arising from the formation, interpretation or execution of this Agreement shall be subject to the jurisdiction:
Courts within the jurisdiction of Montreal, notwithstanding plurality of defendants or appeal in warranty concerning Customers qualified as professionals.
Courts whose jurisdiction is attributed in accordance with the rules of common law for Customers qualified as consumers.
c) Amicable settlement of disputes
Except for provisions of public order, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the discretion of On The Air with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action.
d) Divisibility
The nullity of one of the clauses of these general conditions, in application in particular of a law, a regulation or following a decision of a competent court which has become final cannot result in the nullity of the all the other clauses which would retain their scope and continue to produce their effect. In this case, the parties should as far as possible replace the canceled provision with a valid provision corresponding as far as possible to the spirit and object of the contractual conditions.
e) No Waiver
The fact, for the parties, of not availing themselves temporarily or permanently of one or more clauses of these general conditions, will in no case entail a waiver of the right to avail themselves of the rest of the general conditions. The customer declares to have read and unreservedly accept the general conditions of On The Air reproduced above