TERMS AND CONDITIONS OF COMMISSIONING AERIAL ASHES

1. Terms and Definitions:

(a) The Drone Pilot is the representative for Aerial Ashes.

(b) The Client is the person or organisation to whom the invoice is addressed.

(c) The ‘Task’ embraces all work completed after a booking has been accepted.

(d) Aerial Ashes is the trading name of AERIAL ASHES LTD a company registered in England.

(e) These terms and conditions represent the entirety of the agreement between Aerial Ashes and the Client. Any variation is only applicable when agreed in advance and in writing.

2. Initial Enquiry:

(a) The Client will be required to complete an Enquiry Form to enable research and feasibility of the task before a booking can be made.

(b) On receipt of the Enquiry Form, Aerial Ashes will make an initial assessment explaining what, if any, upfront payment might be required and enter into discussion on possible booking options.

3. Booking and Cancellation:

(a) Once the task outline has been agreed, Aerial Ashes will send an email to the client containing a Booking Reference to which the client must respond in order for the booking to then be considered Confirmed.

(b) Once the Client has confirmed the booking for a specific time and date, Aerial Ashes will not accept any other work from other clients for that period.

(c) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:

(i) When a client cancels a confirmed booking within 10 business days of any confirmed date a fee of 30% of the booked time rate will be charged;

(ii) When a client cancels the task within less than 10 business days of any confirmed date, a fee of 50% of the booked time rate will be charged;

(iii) When a client cancels the task within less than 3 business days of any confirmed date, a fee of 75% of the booked time rate will be charged;

(iv) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Aerial Ashes.

(d) If Aerial Ashes – with the agreement of the client – cancels a task due to inclement weather or any other reason beyond Aerial Ashes’ control and the client is unable or unwilling to arrange or agree a suitable new date within either a reasonable and mutually agreed timescale OR 1 calendar month, then the client will be liable to pay 50% of the booked time rate plus any expenses already incurred by Aerial Ashes.

4. Payment Terms:

(a) Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.

(b) If payment is not made in accordance with (a) above then Aerial Ashes may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.

(c) A fee of £25 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

(d) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Aerial Ashes may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

5. Standards and Safety:

(a) Aerial Ashes aim is to operate to the highest operational standards and comply with the regulations and obligations as laid down by the CAA, the Health & Safety at Work Act (1974) and other national regulatory bodies.

(b) In addition to the safety goals and training detailed in the Operations Manual, any pilot operating company equipment will be suitably trained to the required standards as defined by the CAA and the equipment used will be maintained to the highest standards.

(c) The client is responsible to ensure that any remains presented for scattering are solely those received from a crematorium and that no other items, trinkets or chemicals have been added.

6. Liability and Indemnity:

While Aerial Ashes takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use of its service.

7. Applicable Law:

(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

8. Client Confidentiality:

The Drone Pilot and Aerial Ashes will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the task, save as may be reasonably necessary to enable the Drone Pilot or Aerial Ashes to carry out their obligations in relation to the commission.

Making Payment

Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.

Payment by BACS is preferred and bank details will be provided on our invoice. We also accept payment by cheque and crossed cheques should be made payable to “Aerial Ashes Ltd.”. Please note, when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.

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