Terms of sale
Terms and conditions
GTC dated November 6, 2014
The signing of the quote, the sending of an order form or any other support indicating an order with DRONE BOX implies acceptance of the General Conditions of Sale set out below and expressly mentioned on the DRONE BOX website.
1. APPLICATION OF THE "DRONE BOX" GENERAL CONDITIONS OF SALE
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These general conditions of sale are applicable to all products and services sold by DRONE BOX. They are applicable in their entirety for any contract concluded between DRONE BOX and its customers in Canada or abroad, regardless of the place of delivery. No derogation from these general conditions of sale may be accepted without the express prior consent of DRONE BOX.
Any condition contrary to these general conditions of sale set by the customer, in his own general conditions of purchase or in any other document, will be unenforceable against DRONE BOX, regardless of when it may have been brought to his attention. If the shots requested by the Customer during the performance of a service require other devices than drones, the Customer already authorizes the Supplier to contact other companies who may 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 catalogs, prospectuses, advertisements, is only informative and indicative, not contractual.
Any order form stating the customer's agreement or any quotation marked "good for agreement", or any document stating an order from DRONE BOX will be deemed firm and final upon receipt by DRONE BOX.
3. DELIVERY TIMES AND CASES OF FORCE MAJEUR
DRONE BOX hereby to a simple obligation of means as to the respect of the delivery dates. Delivery times are given only for information and indicative purposes, they depend in particular on the number and order of arrival of orders made with DRONE BOX. DRONE BOX strives to meet the delivery times it indicates in its quote and / or order form, according to the reference logistics time in the profession, and to execute 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 to justify the cancellation of the order.
4. CONDITIONS OF PAYMENT IN THE LACK OF A SPECIAL AGREEMENT
DRONE BOX reserves the right to pass on any new tax or increase in existing tax rates without notice to its prices and current contracts. The terms of payment for the service (s) are as follows:
50% upon acceptance of the quote,
50% on the day of delivery of the service.
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 date of invoicing, except for special agreements. No discount will be granted in the event of early payment.
5. OWNERSHIP RESERVE CLAUSE
The prices indicated on the commercial media are understood in CAD Dollars. 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 event, 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 of the date of presentation by registered letter with acknowledgment of receipt stating the said defect and serving as a formal notice therein. remedy within the same period, the order and all pending orders will be automatically terminated.
Any order accepted and canceled by means of a tool leaving a written record sent to DRONE BOX, subject to the delivery in return of an acknowledgment of receipt, without respecting a notice of 72 hours before the execution of the ordered project will be invoiced in full. Any order accepted having been the subject of the payment of a deposit cannot be canceled, except in cases of force majeure or express agreement. DRONE BOX will be entitled to invoice the full price as compensation, without altering its ability to sue to claim damages in the event that damage in an amount greater than the order is demonstrated.
7. PENALTIES FOR LATE PAYMENT BY THE CUSTOMER
Any amount 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 4, 2008) as well as a lump sum compensation. of 40 CAD dollars for recovery costs (Decree 2012-1115 of 02 October 2012). Additional compensation may be claimed, on supporting documentation. In the event that the recovery costs incurred will be greater than the amount of the fixed compensation, DRONE BOX reserves the right to request additional compensation, upon justification. Late payment penalties are payable without a reminder being necessary. Any payment made to DRONE BOX is deducted from the sums due whatever the cause, starting with those for which the payment is the oldest.
8. TRANSFER OF RISK AND OWNERSHIP
a) Transfer of risk
DRONE BOX retains ownership of the project or other original products designated in 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 DRONE BOX shots are original works protected by intellectual property legislation. The acquisition of DRONE BOX images on graphic or digital media does not result in the transfer for the benefit of the purchaser of the exclusive property rights attached to them; their use is strictly limited to the private use of the purchaser.
- Copyrights: unless otherwise specified, all photographs and films produced by DRONE BOX 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 means whatsoever of the images or creations of DRONE BOX is prohibited without the prior purchase of the corresponding reproduction rights. The rights are marketed with the digital image file for use as defined by the customer who mentions the format, the medium and the number of copies distributed when ordering. The transfer of rights to an image or a production does not include any exclusivity unless expressly stated and, under no circumstances, the possibility of transferring a copy of the file to third parties for free or against payment. The transfer of rights is acquired by the customer only subject to full payment of these and a consistent use of the images or achievements for the use defined during the order. DRONE BOX and the respective authors of the images reserve the right to refuse any use of the views for any purpose other than private, unless otherwise stated. Thus, DRONE BOX and the author of the images cede their copyright for the dissemination of the current project, but remain the holders of the copyright for any use in another project of these images and must be kept informed of any negotiations. for the reuse of the same images within other productions, for which the parties, DRONE BOX / THE AUTHORS, will perceive copyright NEGOTIABLE ON EACH REUSE. Any use contrary to the above clauses of the images or achievements of DRONE BOX 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 ownership of its images or achievements, DRONE BOX will keep a digital copy in the original format as soon as the shooting operations are completed. In case of doubt about the rights of use of the views, any clarification can be obtained by email at the following address: email@example.com
If the Customer wishes the presence of identifiable natural persons on the film shot or on the photos taken, he must first obtain their express and unequivocal agreement.
9. MOVEMENTS & EXPEDITIONS
Beyond the kilometers included in our basic packages, DRONE BOX may charge additional costs amounting to an average of $ 0.85 per kilometer. These costs take into account the kilometer scale in effect for the current year, as well as the actual costs incurred. (In particular the cost of immobilized personnel, the highway, accommodation, etc.) DRONE BOX takes the maximum precautions to protect its shipments, however, the goods travel at the risk and peril of the recipient who will have to check the package as soon as possible. reception and, if applicable, make the necessary reservations to benefit from the guarantees offered by the carrier, who will alone bear any damage. Postage, packaging, customs, import taxes and more generally all costs other than those explicitly indicated as covered by DRONE BOX, 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.
No complaint can be taken into account after a period of 7 days from the date of completion of a service or delivery of goods or digital files.
11. OBLIGATIONS AND RESPONSIBILITY OF DRONE BOX
DRONE BOX undertakes to provide all the care and diligence necessary for the provision of quality services in accordance with the practices of the profession and the state of the art. DRONE BOX responds only to an obligation of means. The original digital and negative files of DRONE BOX are kept in the best security conditions, however, DRONE BOX may refuse a new order in the exceptional case of destruction or accidental alteration to a negative or a digital file. DRONE BOX undertakes to keep and deliver to its customers a copy of the digital files or original negatives for a maximum period of six (2) months, beyond which the customer becomes solely responsible for the conservation of his data.
Repairs due by DRONE BOX in the event of 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, damage commercial, loss of orders, damage to the brand image, any commercial disturbance, loss of profits or customers. In any event, the amount of damages that could be charged to DRONE BOX if its liability were incurred, will be limited to the amount of the sums actually paid by the customer to DRONE BOX for the product or service in question or invoiced to the customer by DRONE BOX or in the amount of sums corresponding to the price of the service, for the part of the product or service for which the responsibility of DRONE BOX has been retained. The lowest amount of these sums will be taken into account.
12. PROVISION OF SERVICES
The service offered by DRONE BOX consists of taking the appropriate device on board a drone for taking pictures (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, DRONE BOX cannot be held responsible for any damage that may be caused to the equipment thus supplied by the Customer. The drone thus equipped in accordance with the Customer's wishes must be piloted by a technician from DRONE BOX. In any event, the DRONE BOX technician is subject to compliance with the legal obligations laid down in particular by the decree of April 11, 2012 relating to "the design of civil aircraft which circulate without any person on board, under the conditions of their employment and on the capacities required of the people who use them. »Thus, the Pilot is the only one to decide whether to perform the service provision having regard to the applicable legislation in such matter. Under no circumstances may the Customer invoke non-performance of the contract, in particular when the wind is blowing at a speed greater than 30 km / h or the drone cannot remain "in sight" of the technician. If the conditions are not met on the scheduled day and time, DRONE BOX and the Customer must jointly agree to the execution of the provision of services on another date. In the event that the Customer does not wish to postpone the execution to another date, DRONE BOX will keep the deposits paid as final and lump-sum compensation, in addition to the reimbursement of the costs it would have incurred for the execution of said benefit. After viewing these images, the Customer must confirm whether he wishes to end the shooting or if he wishes to take other shots. In accordance with the provisions referred to above, the making of other shots will be subject to an addition and incidentally to additional invoicing which will be included in 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 shall prevail alone.
a) Modification of the general conditions
These general conditions can be modified at any time by DRONE BOX. Any modification of these general conditions of sale without the written consent of DRONE BOX 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 resulting from the formation, interpretation or execution of this Contract will fall within the jurisdiction:
- Courts within the jurisdiction of Montreal, notwithstanding multiple defendants or warranty claims concerning Clients qualified as professionals,
- Courts whose jurisdiction is assigned 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 which may arise in the context of the execution of these general conditions may before any legal action be submitted to the discretion of DRONE BOX with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
The invalidity 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 res judicata can not invalidate the 'set of 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 annulled provision with a valid provision corresponding as far as possible to the spirit and purpose 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 imply a waiver of availing themselves of the rest of the general conditions. The customer declares to have read and unreservedly accepted the general conditions of DRONE BOX reproduced above.