General Terms and Conditions

1 Scope of application

1.1 These GTC apply to all contracts and services in the area of:
(a) Explorations, surveys and/or inspections – both indoor and outdoor – of natural and man-made buildings, structures or other objects by means of a highly specialized drone,
(b) evaluation and consulting activities in relation to the exploration, survey and inspection results of the drone,
(c) consulting activities as a geologist in relation to geological issues, in particular in the field of raw materials and raw material exploration as well as related consulting services.
1.2 These GTC shall apply regardless of whether the contractual partner is based in Switzerland, in Europe or in another country. Deviating or supplementary agreements require written confirmation.

2 Subject matter of the contract

2.1 The Contractor shall provide services in accordance with the service description set out in the respective contract or offer.
2.2 The specific scope of services shall be regulated individually in the contract. Changes and extensions require written agreement.

3 Conclusion of contract

3.1 The Contractor’s offers are subject to change and non-binding.
3.2 A contract is only concluded with the written order confirmation of the contractor or by performing the service.
3.3 The customer will inform DroneXploration to the best of his knowledge and belief about all relevant circumstances for the execution of a flight when concluding the contract. If it turns out after the conclusion of the contract that the information was incomplete or incorrect, although the customer was able to provide complete and correct information and was requested to do so by DroneXploration, DroneXploration reserves the right to demand the adjustment of the contract. If the customer does not agree with the adjustment, DroneXploration and the customer can withdraw from the contract; the costs already incurred for the preparation and execution of the flight shall be borne by the customer.

4 Scope of services and changes

4.1 The services offered include drone-based explorations, surveys and inspections, which are carried out in accordance with the respective recognized technical standards.
4.2 Evaluations of the collected data and consulting services shall be carried out with the greatest possible care.
4.3 Changes to the scope of services must be agreed in writing. Should additional services become necessary, these shall be remunerated separately.

5 Remuneration and terms of payment

5.1 The remuneration shall be based on the prices agreed in the respective contract or offer.
5.2 Unless otherwise agreed, invoices shall be due for payment without deduction within 14 days of the invoice date.
5.3 In the event of late payment, the Contractor reserves the right to charge interest on arrears at the statutory rate and to suspend performance until outstanding claims have been settled.

6 Obligations of the client to cooperate

6.1 The Client undertakes to provide all information, access and other cooperation required for the performance of the service in a timely manner and in a suitable form.
6.2 If the obligation to cooperate is not fulfilled, this may lead to delays or restrictions in the provision of services, for which the Contractor cannot be held responsible.

7 Liability and exclusion of liability

7.1 Liability for slight negligence: Provided that no essential contractual obligations (cardinal obligations) are breached, the Contractor shall only be liable for foreseeable and contractually typical damages.
7.2 Exclusion of liability for consulting services: The consulting activities, in particular in the area of the evaluation of drone reconnaissance and inspection results as well as geological issues, are carried out to the best of the Contractor’s knowledge and belief. Any liability of the contractor for financial losses resulting from consulting errors is expressly excluded to the extent permitted by law.
7.3 Liability for drone missions: The Contractor shall not be liable for damages caused by force majeure, unforeseeable events, third-party interventions or official orders.
7.4 Liability in connection with data and results: The Contractor does not guarantee that the evaluations or consulting results produced are complete and error-free in each individual case. Any decisions based on the information provided are made at the Client’s own risk.
7.5 Limitation of liability: To the extent permitted by law, the Contractor’s liability shall be limited to the foreseeable damage typical of the contract. Liability for indirect damage, consequential damage or loss of profit is generally excluded, except in cases of gross negligence or intent.

8 Warranty

8.1 Complaints about defects must be reported in writing by the client immediately, but at the latest within 10 days of receipt of the service.
8.2 In the event of justified complaints, the Contractor shall, at its own discretion, either rectify the defect or supply a replacement. If the supplementary performance fails, the client may demand a reduction in price or, if the defect is significant, terminate the contract.
8.3 The aforementioned provisions shall not apply if mandatory statutory provisions in the Client’s country conflict with them.

9 Data protection and international compliance

9.1 The Contractor undertakes to treat all personal data collected in the course of the performance of the contract as confidential and to use it exclusively for the contractually agreed purposes.
9.2 The data protection regulations are based on the applicable Swiss data protection regulations and – where applicable – on international regulations (e.g. the GDPR).
9.3 Data shall only be passed on to third parties if this is necessary for the fulfillment of the contract or if the client has expressly consented to this.

10 Final Provisions

10.1 Amendments and supplements to these GTC must be made in writing. This also applies to the amendment of this written form clause.
10.2 Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
10.3 Swiss law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.4 The place of jurisdiction for all disputes arising from the contractual relationship shall be the Contractor’s registered office in Switzerland, provided that the Client is a merchant, a legal entity under public law or a special fund under public law.
10.5 For internationally active transactions, an international court of arbitration may alternatively be designated as a dispute resolution mechanism, if agreed.