TERMS AND CONDITIONS
- Thank you for Purchasing a CutaCopter Drone and/or accessories from Unmanned SA.
These Products are either manufactured by us to the highest quality standards and/or hand picked from suppliers around the globe
with every precaution taken to ensure that your experience with CutaCopter and/or Unmanned SA is enjoyable and memorable.
- Although these products are manufatured to specifications that will withstand most extreame use,
Unmanned SA and/or CutaCopter cannot be held responsible for the negative effects of climate, signal jammers, electronic interferance from
nearby electrical/electronic infrastructure, acts of God, or misuse, Unamanned SA shall not be responsible for normal wear and tear and/or damages caused by accidents,
alterations or improper use.
- Products sold by Unmanned SA must be used for its intended purpose.
In no event shall Unmanned SA be liable for incidental and/or consequential damages including lost data or lost profits arising from or relating to Products or Product Software.
- Drones should not be used unsupervised by an adult that has the basic training and knowledge of the safe use of drones.
- Whilst the use of Drones is an enjoyable experience, certain hazards are present and we request that you familiarise yourself with these hazards
prior to the use of any Drone.
- Unmanned SA recommend that you fly your Drone at least on 3 occasions prior to use over water.
- The use of any Remotely Operated Vehicle (ROV) that is operated above ground level and sustains flight is governed and controlled in South Africa
by the South African Civil Aviation Authority "SACAA", the user or pilot of any such vehicle is deemed to have read and understood the SACAA conditions for use of such equipment.
- To the fullest extent permitted by law, neither Unmanned SA nor its Employees or Directors shall be liable to the Client/s and/or Customer/s for any Lost Profit and/or
Revenue and/or consequential, incidental, indirect, special or punitive damages arising out of or connection with the Products and/or Services or these terms
- Unmanned SA and/or CutaCopter can not be held responsible for the misuse and any act by the user or pilot that is in contravention of the act governing Civil Aviation with respect to the products
sold by Unmanned SA.
- Items Purchased from us will not be dispatched and/or handed over and/or sent via courier until full payment and/or bank approved proof of payment into Unmanned SA account
has been confirmed
In these terms and conditions, we; us and our refers to Unmanned SA and/or CutaCopter. Your access to and use of all information including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you
purchase our product you carefully read these terms and conditions.
- OUR SERVICES
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase, you acknowledge that you are over 18 years of age.
- All prices are in South African Rands (ZAR).
- We endeavour to ensure that our price list is current.
- We reserve the right to amend our prices at any time.
- If you have placed an order, we reserve the right to cancel your order should our prices change.
- PRODUCT DESCRIPTIONS
- We strive to ensure that our products are described as accurately as possible, however we do not warrant that the description is accurate. Where we become aware of any discrepancy, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- PRODUCT ORDERS
- Packaging and postage is an additional charge, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address and telephone contact. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock, we will endeavour to keep you updated.
- Once you have submitted and confirmed an order in writing, you may cancel that order within 24 hours even if our acceptance or rejection of your offer is still pending, however there will be a 10% administration fee that will be charged.
- Delivery of your ordered product/s will be as set out as per our Invoice.
- Title in the goods passes to you when we have received payment. Our terms of payment are set out on our invoice and on these Terms part ACCEPTABLE PAYMENT METHODS.
- All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction we give you the option to take out carrier insurance.
- ORDER CANCELLATION DUE TO ERROR
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- PRODUCT RETURNS
- We undertake to replace any product delivered to you that is defective or is in a damaged condition, provided the package is still in a reasonably good condition and not damaged in any way within 24 hour of you recieving the item/s and/or product/s. If you wish to return a faulty or damaged product, you must notify us where we set out our requirements relating to return of such goods.
- We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 7 days of purchase, however we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
- Warranty and replacement claims will not be valid without the product/s being presented to us for analysis.
- If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit or debit card for the amount initially debited for the purchase including packaging and postage charges.
- Once you have notified us through our email contact details, that you wish to return faulty, damaged or undamaged product, you may return the product to us so long as you provide valid proof of purchase eg. tax invoice, receipt and/or packaging slip.
- INTELLECTUAL PROPERTY RIGHTS
- The copyright to all content on our website including applets, graphics, images, layouts and text belongs to us or we have a licence or written consent/permission from the organisation holding the licence to use those materials.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them and/or permission from the organisation holding the licence to use them. Your access to our website does not license you to use those marks in any commercial or non commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website or contact details becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
- Unmanned SA will not be held liable for the use of our products outside of our control, the customer is liable for all costs and assumes the responsibilty for all damages to property, injury or death to any person resulting from the direct or indirect use or misuse of products and/or goods purchased from Unmanned SA.
- LIMITED WARRANTIES
- The Consumer Protection Act is act 68 of 2008, wherever in this document refers to the Act or Act refers to act 68 of 2008 unless otherwise stated.
The act defines a consumer as;
consumer, in respect of any particular goods or services, means;
(a) a person to whom those particular goods or services are marketed in the ordinary course of the supplier/s business;
(b) a person who has entered into a transaction with a supplier in the ordinary course of the supplier/s business, unless the transaction is exempt from the application of this Act by section 5(2) or in terms of section 5(3);
(c) if the context so requires or permits, a user of those particular goods or a recipient or beneficiary of those particular services, irrespective of whether that user, recipient or beneficiary was a party to a transaction concerning the supply of those particular goods or services; and
(d) a franchisee in terms of a franchise agreement, to the extent applicable in
terms of section 5(6)(b) to (e);
- If you are a consumer within the meaning of the act, our goods or services carry a limited warranty of 90 Days (ninety days) commencing from the fully paid purchase/invoice/handover date that at the time of supply of those goods or services to you, if they are defective provided that it is within the fair use clause then:
We will repair or replace the goods or any part of them that is defective; or
Provide again or rectify any services or part of them that are defective; or
Wholly or partly recompense you if they are defective.
- As a consumer under the Act you may be entitled to receive from us notices under the Act. In that regard:-
If you are a consumer within the meaning of the Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under the Act.
If we are a repairer of goods capable of retaining user-generated data, then we hereby give you notice that the repair of those goods may result in the loss of user generated data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished part/s in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods refurbished parts, however all refurbished parts will only be installed after written consent from you is given to us and/or received by us from you.
- Sale of new item/s, part/s or product/s carry a 90 day limited warranty as per the fair use clause from the date of purchase, the warranty is only applicable to part/s that have intitially and/or initiated the failure and does not cover consequential damages as a result of the failed part/s.
- The determination of the initial failed part/s or component/s or product/s is at Unmanned SA sole discretion and will be evaluated by Unmanned SA technician/s to determine the root cause of the failure, the customer is entitled to a full report as to the reason/s of the defect at no extra cost to the customer.
- Due to the dynamic use of our product/s, warranties do not apply to cases where our product/s have been exposed to water and/or damaged by water either recovered or unrecovered.
- Unmanned SA warranty does not cover the following items:
- Quick Release Adaptor/s
- Cable/s & Connector/s
- Unmanned SA do take steps to protect our drones from damage against water ingress, however cannot warranty against the damage of water, any item/s, component/s, product/s that in any way has been damaged by water ingress does not constitute a warranty claim.
- CutaCopter Drones with Arducopter equipped AutoPilots are programmed with a health check feature prior to take-off and prevents the motor/s from arming or the drone from a take-off condition, in a case of a fault condition with the following component/s and/or condition/s:
- GPS antennea/s
- Flight Controller
- Battery arm voltage
- Satellite count
hence we do not warranty any drone that experiances a crash and/or damage resulting from flight, our warranty is specific and is valid for defects that prevent/s a drone from arming and taking off as the use of the drone in flight is out of Unmanned SA control.
- FAIR USE CLAUSE
- Unmanned SA constitutes fair use of product/s supplied by us as per items (a) to (c) within the FAIR USE CLAUSE and/or which ever elapses first and/or which ever is applicable:
(a) 90 days (ninety days) after the fully paid purchase/invoice/handover date and/or;
(b) 50 Flights (fifty flights) as recorded by the Flight Controller from the fully paid purchase/invoice/handover date and/or;
(c) 60 minutes (sixty minutes) of flight time as recorded by the Flight Controller from the purchase/invoice/handover date.
All warranties are governed by this fair use clause unless otherwise stated by section (2) and section (3) of the fair use clause.
- In the event the flight controller is not responsive and/or the flight controller/s SD Card data is not recoverable then the warranty is limited to section (a) of the fair use clause only.
- In the event the product/s do not have any method/s of tracking and/or recording sections (b) and (c) of the fair use clause then the warranty is limited to section (a) of the fair use clause only.
- By purchasing our goods, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our products or services.
- ACCEPTABLE PAYMENT METHODS
- Payment for our Products and /or Services are strictly by one or more of the following methods listed below:
- Instore Cash Payment and/or.
- Direct Bank Transfer or Electronic Fund Transfer commonly known as "EFT" with the original bank approved Proof of payment provided and/or.
- Instore Card Payment by visa or mastercard and/or
- With prior arrangment we will accept PayPal.
- UNACCEPTABLE PAYMENT METHODS
- The below Payment methods are not acceptable for any or our Products and/or Services as listed below:
- Check Payments and/or
- Mobile Payment methods and/or
- Crypto Currency and/or
- Bartering and/or
- Money Orders and/or
- any other payment method not mentioned under the section "ACCEPTABLE PAYMENT METHODS" listed in these terms and conditions.
- FORCE MAJEURE
- If a Force Majeure event causing delay continues for more than 30 days, we may terminate the Agreement by giving at least 7 day Notice to you. Force Majeure means any action, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Africa and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- ADMIN AND STORAGE
- Unmanned SA will endeavour to conduct repair/s as fast and quick as reasonably practicable, however if the customer does not respond and/or does not choose for us to carry out the repair and/or does not collect and/or make arrangments to collect and/or instruct us to deliver the product/s at the expense of the customer for the delivery and admin fee within 30 days, we will endeavour to inform the customer within 30 days after the estimate/sales order or invoice has been sent to the customer, that after the 30 days has elapsed from the date of the estimate/sales order and/or invoice was issued that the product/s in our posession will attract a storage and/or admin fee not exceeding R50.00 per day and will accumulate each day therafter, if the value of the accumulative storage fee supersedes the value of the product/s then Unmanned SA will at Unmanned SA discretion attempt/will attempt to sell the product/s to cover cost of the admin and/or storage fee of the product/s. If the customer decides to claim back the product/s then the storage and/or admin fee will be imposed upon the customer and added to the origianl invoice for payment by the customer.
- We undertake all due care with any information which you may provide to us. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.