Note: This is a courtesy translation. The German version is legally binding.
Note: Draft version. Before launch, the exact wording of the existing terms and conditions will be adopted here. The following structure corresponds to the current terms and conditions of Energie Fabrik Bodensee GmbH.
These terms and conditions apply to all drone services provided by Energie Fabrik Bodensee GmbH (monitoring flights, mapping, applications, data analysis) to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
Quotes are non-binding. Orders become binding upon written confirmation (email is sufficient). Quotation documents remain the property of the contractor.
Prices are net plus value-added tax. Invoices are due within 7 days. Travel and special costs are itemized separately. Clients based in Switzerland receive quotes, order confirmations and invoices in Swiss francs (CHF), converted from the euro price at the ECB reference rate of the quote date, which is stated in the quote and applies to the whole order; payment in CHF or EUR. Services on fields in Switzerland are supplied where the land is located and are not subject to German VAT; no Swiss VAT is charged as long as the contractor remains below the threshold of Art. 10 para. 2 lit. a of the Swiss VAT Act. Services on fields in Germany are subject to German VAT regardless of the client's domicile.
FELDFALKE owes the professional, even application of the material. Emergence, effect and wash-off depend on weather, soil and material and are outside our control; this risk lies with the client (see section IX of the German terms). Weather-related postponements do not constitute default. In unsuitable flying weather (rain, hail, critical wind speeds, impaired visibility), appointments may be rescheduled and re-mobilization costs may be charged.
Accessible operating area, keeping people and animals away, securing loose objects, providing field information. In the event of non-fulfilment, a cancellation fee of 30 % (minimum €200 net) applies.
The contractor obtains aviation permits where agreed. The client is responsible for private-law permissions and for the legality of commissioned applications.
Raw data remains with the contractor; upon payment, the client receives a simple right of use to the analysis products.
Defects must be reported within 14 days. Limitation period: 12 months from acceptance.
Full liability in cases of intent, gross negligence and personal injury. Otherwise limited to foreseeable damages typical of the contract and the coverage amount of the liability insurance. No liability for lost profit, crop losses or consequential damages.
German law applies, excluding the CISG. Place of jurisdiction is Überlingen. Amendments must be made in writing.
