Algemene voorwaarden

General terms and conditions

The document below concerns the General Terms and Conditions of Perfect-Drone, applicable to the website www.perfect-drone.com on the one hand, and to the verbally or written agreed assignments between the client and Perfect-drone on the other.

General terms and conditions of Perfect-Drone regarding orders.

KVK 83786511

Article 1. General

These general terms and conditions apply to all obligations, including but not limited to obligations to produce designs and/or productions and/or delivery or provision of audiovisual works, from the agreement to which these terms and conditions have been declared applicable. They also apply to all obligations arising from agreements, other acts or pre-contractual legal relationships concluded between the parties afterwards. They also apply to all obligations arising from acts performed in connection with such agreements, acts or pre-contractual legal relationships.
These conditions may only be deviated from if and to the extent that this is agreed in writing and exclusively for the agreement in which the deviating conditions were made.
Applicability of the general terms and conditions of the client is rejected by Perfect-drone. The general terms and conditions of Perfect-Drone also apply if the general terms and conditions of the client contain a prevalence clause.
If the work to be carried out by Perfect-Drone cannot proceed due to bad weather, any costs incurred will be charged to the client. If the project is at a location where demobilisation is not possible, Perfect-Drone will charge the client a stand-by rate to be agreed upon for the period of bad weather and/or the discontinuation of the investigation.
The Perfect-Drone employees work according to the guidelines of the ARBO legislation, aviation law and the company-wide VCA manual in such a way that the safety of the employee is guaranteed during the work. In places where, in the opinion of the Perfect-Drone employees, work cannot be carried out safely, no work will be carried out.
Perfect-Drone does not guarantee that the object(s) to be captured from the drone can be captured clearly and without obstructions, due to the possible presence of obstructions when photographing objects or terrains from the air (permits, non-freely accessible surfaces, objects, plants, trees, buildings, extreme weather conditions, limited visibility, other air traffic, no-fly zones, etc.)
Perfect-Drone makes no guarantees regarding satellite reception for the positioning of the drone and cameras if applicable.

Article 2. Quotations and conclusion of agreement

All Perfect-Drone quotes, in whatever form, are entirely without obligation, unless explicitly stated otherwise. Perfect-Drone can withdraw a quote as long as the client has not accepted the quote. A quote has a limited validity period.
An agreement is only concluded by written confirmation of an order by Perfect-Drone or by executing the order.
Perfect-Drone is entitled to suspend its activities if the client does not provide security at its request for payment and other obligations arising from the agreement, without prejudice to the client's obligation to reimburse Perfect-Drone for work already carried out and costs incurred.
Any misunderstandings regarding the content and execution of the agreement, resulting from the client's failure to specify the order or to make communications, or to do so incorrectly, untimely or incompletely, shall be at the expense and risk of the client, even if the order and/or communications are made via any technical means, such as fax, e-mail or other transmission media.

Article 3. Music

For music used in a video production, royalties must be paid to the copyright organization Buma Stemra. These royalties are divided into a part STEMRA, the use of stock music combined with video images and the part BUMA if videos including sound are made public via the internet or other public channels. The STEMRA costs have already been paid by Perfect-Drone. The client is responsible for the registration and payment of the BUMA costs.

Article 4. Prices

Unless expressly stated otherwise on the order confirmation or quotation, all prices mentioned are exclusive of VAT.

Article 5. Payment and Collection

Payment must be made in the agreed manner and within thirty days or other agreed term(s). In the absence of specific conditions, the client will pay within sixty days after the invoice date.
If payment of the total amount due has not been made on time, the client is in default, without a notice of default being required. The client will receive a reminder of this default and then has fourteen days to transfer the amount due. If the client is still in default after fourteen days, Perfect-Drone will be forced to send a first reminder that will entail an additional cost of €25. The second reminder will be sent 14 days after the first reminder if the client has still not paid. This second reminder will entail an additional cost of €75. If the client has not paid after the reminder, Perfect-Drone will instruct a collection agency to collect the amount from the client.
In the event of liquidation, suspension of payments, bankruptcy, administration or attachment on the part of the client, Perfect-Drone's claims on the client are immediately due and payable.
If the client fails to comply with the agreement, all costs incurred by Perfect-Drone in and out of court to obtain satisfaction/compliance will be borne by the client. The extrajudicial (collection) costs amount to 15% of the principal sum.

Article 6. Complaints and Adjustments

Any complaint from the client regarding the execution of any order must be received by Perfect-Drone in writing by registered mail within 10 working days after delivery of the product and/or service, under penalty of forfeiture of any claim.
A request for adjustment must be received in writing by registered mail by Perfect-Drone within 7 working days after delivery of the product and/or service.

Article 7. Delivery period

A delivery period specified by Perfect-Drone is, unless otherwise stated in writing, only indicative. Delivery times are always determined approximately.
Agreed delivery times will be observed as much as possible, but exceeding an agreed term by Perfect-Drone does not constitute default on the part of Perfect-Drone and therefore does not constitute grounds for the client to terminate the agreement. In order to have Perfect-Drone default, the client must give Perfect-Drone written notice of default in accordance with the method of the Civil Code.

Article 8. Promotion

Perfect-Drone reserves the right to use materials for promotional purposes.

Article 9. Liability

Perfect-Drone accepts no liability for shortcomings in the execution of the assignment caused or arising from the fault or actions of the client or third parties for whom the client is responsible. In the event of the failure to execute any assignment or incorrect or partial execution of an assignment, Perfect-Drone is only liable to the client if and to the extent that this is caused by intent or gross negligence/negligence of Perfect-Drone or any persons employed in its company. Perfect-Drone is never liable for business damage, consequential damage or loss of turnover of the client. If Perfect-Drone is unable to start on the agreed day or time due to force majeure, Perfect-Drone will seek a solution. If this is not possible, Perfect-Drone cannot be held or held responsible. If Perfect-Drone is liable to the client under the previous articles, this liability is limited to the amount that Perfect-Drone has charged the client for the assignment that was not or not correctly executed or the part thereof that was not (correctly) executed. In addition, Perfect-Drone is, at the sole discretion of Perfect-Drone, prepared to contribute to the costs associated with any reasonable measures to be taken to limit possible damage. Perfect-Drone is not liable for damage caused by malfunctions related to causes beyond Perfect-Drone's sphere of influence, such as connections or equipment of the client or third parties.

Article 10. Retention of title and copyrights

Concepts, ideas and proposals developed for a client are subject to copyright and remain formally and legally in the possession of Perfect-Drone. In the event of infringement or misuse of this copyright, Perfect-Drone will hold the organization or person in question liable. This liability has legal consequences.
The clients fully indemnify Perfect-Drone against claims by third parties for infringement of copyrights as a result of editing and/or duplicating image and sound recordings supplied by Perfect-Drone on behalf of the clients. Infringement of copyrights is punishable as a criminal offence under Articles 31 and 32 of the Copyright Act. Productions (films, DVDs, tapes, etc.) made by Perfect-Drone are protected by copyright. It is not permitted to reproduce, edit, publish, publicly display, broadcast and/or publish/show on websites, the internet, etc. productions made/supplied by Perfect-Drone, whether of images and/or sound or parts thereof, without the express permission of and/or by Perfect-Drone.
Perfect-Drone expressly reserves the ownership of the goods to be delivered until the client has fulfilled all obligations under the agreement, including the obligations to pay costs, interest and surcharges that are for the account of the client.
In the event that the delivery is part of a series of deliveries, ownership of the goods is reserved until all payment obligations relating to this series of deliveries have been met.
If the client fails to fulfil his obligations under the agreement, or if there is a reasonable fear that he will not do so, Perfect-Drone is entitled to take back the delivered goods to which the retention of title applies, or to remove them from the client or third parties. The client must reimburse Perfect-Drone for the costs incurred in this regard.
If third parties wish to establish or assert any right to the goods delivered under retention of title, the client is obliged to inform Perfect-Drone thereof without delay.
Perfect-Drone has a lien and a right of retention against anyone who requests delivery thereof on all goods and monies that Perfect-Drone has or will have in its possession for whatever reason and for whatever purpose, for all claims that it has or may have against the client.

Article 11. Items made available by the client

Perfect-Drone will store the items entrusted to it by the client in the context of the performance of the agreement with the care of a good custodian.

Article 12. Applicable law

These General Terms and Conditions are governed by Dutch law.