Terms and Conditions of Sales and Services of Airship
Solutions Pty. Ltd.
ABN 31 107 559 437
a. All goods are supplied by Airship Solutions Pty.
Ltd. (subsequently referred to in these conditions as
'The Company') subject to these conditions, which supersede
any earlier sets of conditions appearing on the website
or elsewhere and which shall override any terms or conditions
stipulated, incorporated or referred to by the Buyer,
whether in the order or in any negotiations.
b. The relaxation or waiver by The Company of any of
these conditions on any occasion shall act merely as
a waiver on that occasion and shall not affect our right
to enforce any of these conditions on any subsequent
c. Any variation of these conditions must be confirmed
in writing by The Company and will not otherwise be
d. No order shall be deemed to have been accepted by
The Company unless it is accepted by The Company in
Quotations provided are effective for thirty days at
the exchange rate applicable at the date of quote.
An order which has been accepted in accordance with
these conditions can only be cancelled by the Buyer
if the Buyer obtains the Company's prior consent in
writing. In the event of a cancellation the Buyer shall
reimburse the Company for all costs, loss of profits
or expenses incurred by the Company as a result of the
cancellation whether such expenses were incurred before
or after the date of cancellation.
a. All prices are subject to change without notice and
all orders are accepted by The Company on the condition
that they will be invoiced at the prices ruling at the
date of dispatch.
b. The price of the goods is that stated in the quotation
except that there shall be added to such price any change
in duty, taxes or freight paid or payable by the Company.
All prices quoted will not include GST unless stated.
Goods & Service Tax, rates of exchange and customs
duty shall be an additional cost to the Customer. A
Tax Invoice will be supplied in the approved format.
Terms of payment are strictly as stated on the invoice
for sales or services provided. Payment of account is
taken as acceptance of these terms and conditions and
Release and Indemnity.
Any time or date quoted by The Company for delivery
is given and intended as an estimate only. Whilst every
endeavor will be made to meet an estimated time for
delivery the Company shall not be liable to make good
any damage or loss whether arising directly or indirectly
out of delay in delivery.
All goods which are The Company's own or The Company's
principals manufacture are guaranteed against faulty
workmanship, materials or design for a period of six
(6) months from the date of dispatch after which all
liability on the part of The Company ceases. The Company's
liability for any loss, injury or damage attributable
thereto shall be limited to making good by replacement
or repair of any defect which appears therein under
proper use provided that The Company is permitted to
inspect the defect before replacement, the defective
parts being returned free to the Company'. Any unauthorized
repairs or alterations to the equipment shall invalidate
this warranty. In the case of goods not of the manufacture
of The Company or its principals, The Company undertakes
that it will, if requested in writing by the purchaser,
make all reasonable endeavor in assisting the purchaser
to obtain from the manufacturer the benefit of any guarantee
or warranty which the manufacturer may have expressly
given as to the quality or fitness for any purpose of
the goods, except as may otherwise be provided for by
law. The fulfillment of this undertaking shall constitute
The Company's sole liability in respect of any faulty
goods not of the manufacture of The Company or its principals.
The Company shall not be liable for any loss of profits
or any other consequential loss or damage suffered by
the purchaser in consequence of any defect in materials
or workmanship of the goods (whether of the manufacture
of The Company or its principals or other-wise) or the
failure of the goods to perform in accordance with any
performance figure stated.
This warranty does not apply where in Airship Solutions’
opinion, a defect has
been caused by careless or improper handling, by non-adherence
to operating instructions or by fair wear and tear.
For the purpose of making any claim in accordance with
this clause the Buyer must:
(i) immediately upon becoming aware of circumstances
giving rise to a claim under this clause, notify Airship
Solutions Pty. Ltd. in writing setting out full particulars
of the claim;
(ii) return the goods to Airship Solutions Pty. Ltd.
for inspection and testing at its request.
A return of goods will be accepted only if:
i. The goods are in an unsoiled, undamaged and re-saleable
condition in their original package.
ii. The goods are returned within 8 days of delivery
accompanied by a copy of the original delivery docket
stating The Company's original invoice number and stating
the reason for return.
iii. All charges for freight and handling are to the
Airship Solutions Pty. Ltd. shall not be liable in any
circumstance for any:
(i) defects or damages caused in whole or in part by
misuse, abuse, neglect, improper application, repair
or alteration (other than by Airship Solutions Pty.
Ltd.) or accident;
(ii) transport installation removal, labour or other
(iii) technical advice or assistance given or rendered
by it to the customer or not in connection with the
manufacture construction or supply of goods for or to
11. Ownership of goods
(i) Title to the goods shall not pass to the Buyer unless
and until all monies due to the Company by the Buyer
have been fully paid.
(ii) Notwithstanding that title to the goods may not
have passed to the Buyer, the Company's liability in
relation to the goods shall cease upon the goods being
delivered to the designated delivery point.
The Company shall not be liable directly or indirectly,
for loss or damage of any kind arising out of or resulting
from the sale, possession, maintenance, storage or use
of the goods by the Buyer or any breach of any warranty
or condition of these conditions be it expressed or
implied or otherwise.
Any advice recommendation or assistance provided by
the Company to the Buyer in relation to any goods and/or
services is provided in good faith without liability
or the responsibility to the Buyer. The Buyer should
satisfy itself in all regards concerning any goods and/or
services to be provided by the Company to the Buyer.
Airship Solutions accepts no liability for any loss
which may be suffered by any person who relies wholly
or in part upon any description, information provided,
or statement contained in this website nor any photograph
supplied by Airship Solutions. Any aerial photography
supplied of potential “development views”
taken at various levels are indicative only. Airship
Solutions makes no representation as to the correctness
or suitability of photographs supplied for any particular
purpose – they are intended as visual aids only.
14. Remote Controlled Airships.
Airships can be inherently dangerous. It is the buyers
responsibility to understand the nature and requirements
of the airship and acknowledge that serious accidents
or fatal injuries can happen as a result of operation
of an airship. Acceptance of delivery of the airship
is deemed acknowledgement that these terms and conditions
have been read and understood and that the buyer accepts
and assumes the inherent risks when operating the airship.
The buyer acknowledges that operation of the airship
is entirely at his/her own risk and that he/she agrees
(a) release and forever discharge Airship Solutions
Pty. Ltd. from all liability and Claims arising from
or in connection with the buyer’s operation of
(b) indemnify and hold harmless Airship Solutions Pty.
Ltd. to the extent permitted by law in respect of any
Claim by any person including but not only another participant
in operating the Airship arising as a result of or in
connection with participation in the Operation of the
In this clause “Claims” means and includes
any action, suit, proceeding, claim, demand, damage,
penalty, cost or expense however arising (including
negligence, trespass to the person or for breach of
implied terms in the sale of services under section
74 of the Trade Practices Act (1974)