Multi Access Drone Solutions Pty Ltd – Aerial Application Terms & Conditions
1.1 These Terms & Conditions (“Terms”) apply to all aerial application services and related services provided by Multi Access Drone Solutions (“MAD”, “we”, “us” or “our”) to a customer (“Customer”, “you” or “your”).
1.2 These Terms apply whether the services are arranged by quotation, estimate, work order, telephone, email, text message, online communication, verbal instruction or any other method.
1.3 The services may include drone-based aerial application of agricultural, horticultural, environmental or other approved products, including fertilisers, biological products, pesticides, herbicides, fungicides or other substances, where such application is legally permitted and within MAD's relevant licences, approvals and operating requirements.
1.4 The scope of each engagement will be determined by the applicable quotation, booking confirmation, written or verbal instructions, correspondence, invoice or other agreement between MAD and the Customer.
1.5 These Terms form part of the agreement between MAD and the Customer and apply to the maximum extent permitted by law.
2.1 No signed quotation, work order or contract is required for these Terms to be accepted or become binding.
2.2 The Customer is deemed to have accepted these Terms, the applicable quotation and the agreed scope of services by doing any one or more of the following:
2.3 By instructing MAD to proceed with the services or allowing MAD to commence the services, the Customer acknowledges and agrees that the Customer has accepted these Terms in full, including the provisions relating to payment, cancellation, weather, application risks, no guarantee of results, limitation of liability and indemnity.
2.4 Where a quotation is provided to the Customer and the Customer subsequently instructs MAD to proceed, the quotation is deemed accepted without the requirement for a signature unless otherwise agreed in writing.
2.5 Acceptance may be communicated verbally. MAD may rely upon instructions given by the Customer or a person who MAD reasonably believes has authority to engage MAD on the Customer's behalf.
2.6 If the Customer does not agree to these Terms, the Customer must notify MAD before the services commence. MAD may decline to provide the services where the Customer does not accept these Terms.
2.7 If the Customer proceeds with the engagement despite not having signed or returned a quotation, the Customer remains bound by these Terms to the maximum extent permitted by law.
3.1 Quotations are based on information supplied by the Customer regarding the property, treatment area, application requirements and anticipated site conditions.
3.2 Unless expressly stated otherwise, a quotation is an estimate based upon the information available to MAD at the time it is prepared.
3.3 MAD reserves the right to adjust the price where actual circumstances differ materially from those represented or reasonably anticipated when the quotation was prepared.
3.4 Additional charges may apply for:
3.5 Unless otherwise agreed, payment is due within 7 days from the date of invoice.
3.6 MAD may require payment or a deposit in advance for particular engagements.
3.7 MAD may suspend or decline further services where an account remains overdue.
3.8 Any estimate of treatment area provided by the Customer may be verified by MAD using available mapping, GPS, drone or other measurement methods. Where the actual treatment area differs from the area quoted, MAD may adjust the price accordingly.
4.1 The Customer is responsible for providing accurate and complete information relevant to the proposed application.
4.2 The Customer must identify all relevant hazards, restrictions and sensitive areas on or adjoining the property, including where applicable:
4.3 The Customer must provide accurate property boundaries, maps, coordinates and treatment areas where reasonably required.
4.4 The Customer is responsible for notifying MAD of any known restrictions, permits, notices, chemical-use requirements, environmental requirements or property-specific conditions relevant to the application.
4.5 The Customer must provide lawful and safe access to the property and treatment areas.
4.6 The Customer must not provide misleading, incomplete or inaccurate information that could reasonably affect the safety, legality or effectiveness of the services.
4.7 The Customer is responsible for obtaining any landowner, occupier or other third-party consent required for MAD to lawfully access or operate on the property, unless expressly agreed otherwise.
5.1 Unless expressly agreed otherwise, the Customer is responsible for supplying the product or chemical to be applied.
5.2 The Customer is responsible for ensuring that any product supplied to MAD is:
5.3 MAD may refuse to apply any product where we reasonably consider that its use would be unsafe, unlawful, outside our operating approvals, inconsistent with applicable directions or otherwise unsuitable for aerial application.
5.4 MAD may rely upon the information, instructions and product details supplied by the Customer.
5.5 Unless expressly agreed in writing, MAD does not warrant that any particular product, application rate, timing or treatment program will achieve a particular result.
5.6 MAD does not provide agronomic, chemical, pest-management or crop-management advice unless expressly agreed as part of the services.
6.1 The Customer acknowledges and agrees that aerial application is subject to numerous variables outside MAD's control and that MAD makes no guarantee, warranty or representation that the services will achieve any particular result.
6.2 MAD does not guarantee that any application will:
6.3 Results may be affected by matters including:
6.4 Any information provided by MAD regarding expected performance, coverage or likely results is provided in good faith and is not a guarantee or warranty of outcome.
6.5 The Customer acknowledges that an aerial application may form only one component of an overall treatment or management program and that additional treatments or measures may be required.
7.1 MAD may postpone, suspend, vary or cancel an application where, in our reasonable opinion, weather, environmental, safety or operating conditions are unsuitable.
7.2 Conditions may include:
7.3 MAD will not be liable for losses arising from a delay, postponement or cancellation caused by unsuitable weather or other circumstances outside our reasonable control.
7.4 Where reasonably practicable, MAD will communicate with the Customer regarding significant delays or changes to scheduled work.
8.1 MAD will perform the services in accordance with applicable laws, regulations, licences, approvals and operating requirements relevant to its activities.
8.2 The Customer acknowledges that the lawful application of a product may depend upon product labels, applicable legislation, permits, land-use restrictions, environmental requirements and other circumstances.
8.3 The Customer must not instruct MAD to perform an application that would require MAD to breach any applicable law, regulation, licence, approval, operating limitation or safety requirement.
8.4 MAD may decline, modify, suspend or cease an application where we reasonably believe that continuing would be unsafe or unlawful.
9.1 The Customer must provide safe and reasonable access to the site.
9.2 The Customer must notify MAD of known hazards before work commences.
9.3 MAD may refuse to enter or operate at a site where conditions are reasonably considered unsafe.
9.4 The Customer must keep people, animals, vehicles and other unauthorised persons clear of the relevant operating area where reasonably required.
9.5 MAD is not responsible for loss or damage arising from hazards or site conditions that were not disclosed by the Customer and could not reasonably have been identified by MAD before or during the engagement.
10.1 The Customer acknowledges that aerial application involves operating in an outdoor environment and that wind, turbulence and other environmental conditions may affect the movement or deposition of application material.
10.2 MAD will take reasonable operational precautions to minimise unintended movement or drift, having regard to the circumstances and applicable requirements.
10.3 MAD does not guarantee that application material will remain entirely within the nominated treatment area in all circumstances.
10.4 The Customer is responsible for accurately identifying sensitive areas, neighbouring properties, crops, livestock, waterways, beehives and other areas requiring consideration.
10.5 The Customer must notify MAD of any particular area requiring additional protection or exclusion before the application commences.
11.1 The Customer may request cancellation or rescheduling by contacting MAD as soon as reasonably practicable.
11.2 Where MAD has already mobilised equipment, personnel or resources, or where cancellation occurs at short notice, MAD may charge reasonable cancellation, mobilisation, travel, labour or other costs incurred as a result.
11.3 Where an application is postponed because of weather or circumstances outside MAD's reasonable control, MAD may arrange an alternative date subject to availability.
11.4 MAD is not liable for losses incurred by the Customer as a result of an application being postponed, rescheduled or cancelled due to circumstances outside MAD's reasonable control.
12.1 To the maximum extent permitted by law, MAD will not be liable for any loss, damage, cost, expense or claim arising directly or indirectly from:
12.2 To the maximum extent permitted by law, MAD will not be liable for any indirect, consequential, special or economic loss, including:
12.3 To the maximum extent permitted by law, MAD's total aggregate liability arising out of or in connection with a particular engagement will not exceed the amount actually paid by the Customer to MAD for the particular services giving rise to the claim.
12.4 Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition or liability that cannot lawfully be excluded, restricted or modified.
12.5 Where applicable consumer or other mandatory statutory protections apply, these Terms are to be read subject to those protections.
13.1 To the maximum extent permitted by law, the Customer indemnifies MAD and its officers, employees, contractors and agents against claims, losses, liabilities, costs and expenses arising from:
13.2 This indemnity does not apply to the extent that the relevant loss is caused by MAD's negligence, unlawful conduct or other conduct for which MAD is legally responsible.
14.1 MAD will take reasonable care of its equipment and property while performing the services.
14.2 The Customer must not interfere with, operate or attempt to operate MAD's drones, application equipment, batteries, software or other equipment unless expressly authorised.
14.3 The Customer is responsible for ensuring that its property and site conditions are suitable for the safe performance of the services.
14.4 MAD will not be responsible for damage caused by undisclosed hazards, obstacles or conditions that could not reasonably have been identified by MAD.
15.1 MAD may retain reasonable records relating to applications, including:
15.2 Such records may be retained for business, regulatory, insurance, quality-control or record-keeping purposes.
15.3 Where required by law or applicable regulatory requirements, MAD may provide relevant records to an authorised regulator or other authority.
16.1 MAD may collect and use information reasonably required to provide the services, administer accounts, communicate with the Customer, maintain operational records and comply with legal obligations.
16.2 Personal information will be handled in accordance with applicable privacy laws and MAD's privacy practices.
17.1 MAD will not be liable for delay, interruption or failure to perform services where caused by circumstances beyond our reasonable control, including:
18.1 The Customer should notify MAD of any concern regarding the services as soon as reasonably practicable after becoming aware of the issue.
18.2 Where appropriate, MAD may request information, photographs, records, product details, weather information or other evidence relevant to investigating a complaint.
18.3 The Customer must provide MAD with a reasonable opportunity to investigate any alleged issue before engaging another party to rectify or repeat the work, except where immediate action is reasonably necessary to prevent further damage or comply with a legal obligation.
18.4 Nothing in this clause prevents the Customer from exercising any legal rights that cannot lawfully be excluded.
19.1 MAD may engage employees, contractors, subcontractors or other suitably qualified persons to assist in providing the services.
19.2 Any subcontractor engaged by MAD may perform relevant parts of the services subject to applicable laws, licences, approvals and operating requirements.
19.3 The Customer acknowledges that references to MAD in these Terms may include its employees, contractors and agents where appropriate.
20.1 The Customer may request changes to the agreed scope of services.
20.2 MAD may accept or reject a requested change at its discretion.
20.3 Any change that affects the price, treatment area, application method, product, timing or other material aspect of the engagement may result in an adjustment to the quoted price.
20.4 A change may be agreed verbally, by telephone, email, text message or other communication and does not require a new signed quotation unless otherwise agreed.
21.1 If any provision of these Terms is held to be invalid, unenforceable or unlawful, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.
21.2 A failure or delay by MAD in enforcing any provision of these Terms does not constitute a waiver of that provision.
21.3 These Terms constitute the general terms applicable to the services unless MAD and the Customer expressly agree otherwise in writing.
21.4 These Terms may be updated from time to time. The version applicable to an engagement will generally be the version provided or made available to the Customer at or before the time the engagement is accepted.
22.1 These Terms are governed by the laws of Queensland.
22.2 The parties submit to the jurisdiction of the courts of Queensland and the applicable Commonwealth courts of Australia.
By instructing Multi Access Drone Solutions to proceed with the services, confirming a booking, making payment, providing access to the property, or allowing the services to commence, the Customer acknowledges and agrees that:
GREEN CLIMBER LV500 | TERMS & CONDITIONS OF SERVICE
These terms apply to mechanical vegetation management, robotic mulching and associated work by Multi Access Drone Solutions Pty Ltd (MAD). They form part of an accepted quotation or work order. Written acceptance (including email) is required before mobilisation.
1.1 MAD will perform only the work areas, vegetation types, target finish and services identified in the accepted quotation, marked map or work order.
1.2 Any extra areas, changes to finish, debris removal, stump or root removal, excavation, chemical treatment or other additional services are excluded unless expressly agreed in writing.
1.3 Changes in scope, price or time require written agreement before additional chargeable work proceeds, except immediate action reasonably required for safety.
2.1 The service is mechanical cutting, mulching and vegetation reduction, not a promise of permanent eradication, prevention of regrowth or root destruction unless expressly agreed. The Client acknowledges that mulching services cannot occur on terrain that contains excessive shale or rock and steep inclines in excess of 60 degrees.
2.2 Results and productivity depend on species, stem size, density, terrain, moisture, debris, access and machine limits. Mulch, stumps, root systems and cut material may remain.
2.3 MAD will perform services with due care and skill. Nothing in these terms excludes Australian Consumer Law (ACL) guarantees or remedies.
3.1 The Client must identify property boundaries, approved clearing areas, protected vegetation, known underground/overhead services, irrigation, fences, wire, metal, rock, debris, hidden holes, waterways, unstable ground and other known hazards before commencement.
3.2 The Client must provide lawful access and disclose required permits, environmental restrictions, heritage constraints, livestock and third-party activities. MAD may request evidence of approvals.
3.3 MAD may stop or modify work if conditions are unsafe or materially different from those disclosed. Any revised charges or schedule will be discussed and agreed before proceeding.
4.1 MAD retains control of the LV500, operators, safe work methods, attachments and exclusion zones. No Client or third party may operate or approach the machine without MAD authorisation.
4.2 Work may be postponed or suspended for unsafe slope, ground conditions, visibility, weather, flying-debris risk, machine issues or environmental restrictions.
4.3 The Client must keep people, children, pets and livestock clear of designated work and exclusion areas.
5.1 The Client acknowledges ordinary, reasonably foreseeable consequences of agreed mulching such as dust, mulch residue, track marks and minor surface disturbance, as explained before work.
5.2 MAD will take reasonable care to avoid property damage and remains responsible to the extent required by law for negligence, failure to exercise due care and skill or other non-excludable liability.
5.3 The Client should promptly report suspected damage with its location and supporting details so the circumstances can be investigated.
6.1 Existing MAD Clients: $1,500 + GST/day. New Clients: $2,000 + GST/day. Approved additional time: $250 + GST/hour.
6.2 A standard day covers up to eight hours on site, including normal breaks, safety checks and routine servicing; it does not guarantee eight hours of continuous cutting or a specified area cleared.
6.3 The rate includes the LV500, MAD operator, suitable available fixed mulching or Y-flail attachment, fuel and routine operating costs.
6.4 Travel, mobilisation, demobilisation, accommodation, specialist equipment and other agreed expenses are additional. Any minimum hire, standby rate or deposit must be stated in the quotation.
6.5 Unless a fixed-price outcome is expressly agreed, charges are for the agreed time or scope, not hectares cleared.
7.1 Weather, safety and equipment-related delays may require rescheduling; parties will act reasonably in agreeing revised dates.
7.2 Clients are requested to give 48 hours’ cancellation notice where practicable. Reasonable, evidenced, unrecoverable costs already incurred may be charged where disclosed and lawful; there is no automatic penalty.
7.3 Client-caused waiting or return visits are chargeable only at rates disclosed and agreed in writing.
8.1 MAD may document agreed boundaries, photographs, GPS tracks, machine hours, operator reports, exclusions, variations and completed areas.
8.2 A completion form records what was done and any outstanding items. Signing confirms receipt and observations only; it does not waive rights for defective work or latent problems.
8.3 If the Client is unavailable or declines to sign, MAD may issue the completion record by email with supporting evidence.
9.1 The Client is encouraged to raise concerns in writing as soon as reasonably practicable, preferably within seven days, identifying the location and issue. This is not a deadline for statutory rights.
9.2 MAD will consider photos, videos and other relevant evidence and may request reasonable access to inspect with a suitably qualified independent person where appropriate.
9.3 Parties will cooperate in good faith to investigate. If MAD has not met an applicable guarantee or contractual obligation, remedies will be provided as required by law.
10.1 Unless the quotation states otherwise, invoices are due seven calendar days from issue. Any agreed deposit is specified in the quotation.
10.2 Invoice concerns should be promptly raised in writing with the specific disputed items and reasons. The Client should pay undisputed amounts when due, subject to lawful rights of set-off, withholding and ACL remedies.
10.3 MAD may pause future work for overdue undisputed invoices after reasonable notice. Recovery costs are payable only where lawfully recoverable.
11.1 MAD will maintain insurance appropriate to its activities, subject to policy terms. Neither party is excused from its own negligence or legal obligations.
11.2 No term excludes or restricts non-excludable statutory guarantees, rights or remedies. Any limitation applies only to the extent permitted by law.
11.3 Queensland law governs this agreement, subject to mandatory applicable law.
12.1 If any provision of these Terms is held to be invalid, unenforceable or unlawful, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.
12.2 A failure or delay by MAD in enforcing any provision of these Terms does not constitute a waiver of that provision.
12.3 These Terms constitute the general terms applicable to the services unless MAD and the Client expressly agree otherwise in writing.
12.4 These Terms may be updated from time to time. The version applicable to an engagement will generally be the version provided or made available to the Client at or before the time the engagement is accepted.
13.1 These Terms are governed by the laws of Queensland.
13.2 The parties submit to the jurisdiction of the courts of Queensland and the applicable Commonwealth courts of Australia.
14.1 By instructing Multi Access Drone Solutions to proceed with the services, confirming a booking, making payment, providing access to the property, or allowing the services to commence, the Client acknowledges and agrees that:
