1. Helispecs Pty Ltd (Helispecs) warrants to use its best endeavours to undertake the application based upon the instructions contained in this Aerial Application Request Form (AARF) & unless it is fully completed and signed where indicated, the contracting grower/farmer (grower/farmer) is agreeing to all terms and conditions contained in the Helispecs Aerial Application Terms and Conditions & Helispecs is released and indemnified by the grower/farmer from all actions, suits, claims, demands, costs, damages and expenses due to the application or any pre-application tasks how so ever arising . Completing this AARF and forwarding it on to Helispecs, the grower/farmer acknowledges that it is not binding Helispecs to accept or to complete the application. This clause is a fundamental term of this agreement.
2. If adverse environmental conditions, including adverse weather conditions, cause any delay in the application from that represented in the AARF (environmental conditions shall be within the sole discretion of Helispecs), Helispecs will not be liable for any costs, claims, suits, demands or any consequential damages or losses of the grower/farmer due to the delayed application.
3.Any liability of Helispecs for breach of any provision of or term implied by Chapter 3, Part 3.2, Division 1 of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State legislation shall not exceed the resupply of the application in question or payment of the cost of resupply.
4. In no event whether as a result of breach of contract, warranty, tort (including negligence) or otherwise shall Helispecs be liable for any special, consequential, incidental, exemplary, aggravated or penal damages or expenses including but not limited to loss of profit, goodwill, reliance loss, costs or claims by third parties. This warranty is exclusive of all other warranties or remedies whether written, oral, implied or statutory. Any and all implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade are hereby expressly disclaimed and excluded as allowable under the law.
5. Payment to the Helispecs shall be made within 14 days of invoice date (Government agencies 30 days maximum or as per terms of any written contract) and must be received by Helispecs before any dispute or claim can be made in relation to the application. The grower/farmer agrees to pay interest on all overdue monies at a rate of 10% pa, payable immediately on receipt of invoice. The grower/farmer hereby agrees All cost incurred by Helispecs in relation to collection of any outstanding monies owed to Helispecs, including but not limit to legal & ourt cost will be payable in full by the grower/farmer & the grower/farmer agrees to Helispecs registering any monies outstanding on the PPSR if it is not paid upon demand from Helispecs. Helispecs may also request a partial or full payment upfront before any application takes place if deemed necessary or required. All pricing / quotes exclude GST.
6. In consideration of Helispecs undertaking the application, the grower/farmer agrees to release and indemnify Helispecs, its officers, directors, agents, contractors, servants, employees and shareholders and suppliers of any aircraft from any and all liabilities, claims, demands or actions or causes of action whatsoever including any liability imposed by statute, arising out of any damage, loss or injury to the grower/farmer or third parties due to the aerial application or pre-application tasks whether such loss, damage or injury results from negligence of Helispecs, its officers, directors, agents, contractors, servants, employees or shareholders or from some other cause.
7. The grower/farmer or their agronomist or agent warrants that it will notify Helispecs of all relevant and accurate information necessary for the applicator to carry out all appropriate planning and hazard and risk assessment and management. Such information shall include but not be limited to hazards (including power lines and SWER lines in or near the application area) and obstructions; susceptible crops (including neighbours within a 5 km radius), grazing livestock; environmentally susceptible areas; school bus runs and times; staff or contractors working in or near the application area and times of their entry/exit.
8. Any requirement for neighbour notification either specified on label or through State legislation, industry code of practice or other means shall be the full responsibility of the grower/farmer.
10. By entering the agreement the grower/farmer warrants and acknowledges that any chemical required by them to be applied by Helispecs is a registered chemical for the application required and that the application conforms to the label of the pesticide and to any relevant State legislation.
11. The contracting grower/farmer warrants that the product rate and application is in accordance with the relevant registered label and that the product is registered. If that is not the case the contracting grower/farmer agrees to indemnify the Helispecs for any loss or damage including any loss of business of Helispecs.
12. Any use of odorous chemicals shall be at the sole risk of the grower/farmer and the grower/farmer indemnifies Helispecs from any actions arising out of the use of such chemicals.
13. The grower/farmer or their agent accepts that it is at the sole discretion of Helispecs what means are taken to ensure the management of chemical drift. Such means could include but not be limited to aircraft set-up, application technique, water rates, use of buffer zones or suspending application until adequate weather or environmental weather conditions prevail.
14. The grower/farmer accepts that there may be some areas of the application site that may not be able to be treated optimally due to the presence of hazards to safe flying including but not limited to trees, power lines and associated infrastructure, paddock shape, environmentally sensitive crops/areas, and waterways. The grower/farmer indemnifies Helispecs against any loss of yield or other issues arising from such.
15. The grower/farmer agrees to ensure that all staff, contractors, visitors or others are not permitted to enter or be within the application site or immediate surrounds for the time commencing from 30 minutes before the commencement of application until 30 minutes after the completion of the application or for the period prescribed for re-entry into the application site on the chemical label, whichever is the longer.
16. If payment for any application by Helispecs is out standing by the contracting grower/farmer, according to these terms and conditions, Helispecs is entitled at its option not to undertake any further applications.
17. The grower/farmer represents and warrants that he was not induced to enter into this agreement by and did not rely on any representations or warranties made by Helispecs or Helispec’s servants or agents about the subject matter of this agreement. The grower/farmer further acknowledges and warrants that these conditions of spraying contract are the whole agreement between the parties and may not be varied except in writing.
18. The term “Helispecs” in these conditions of the spraying contract means the owner or the operator of any aircraft used in the application, the pilot of any aircraft used in the application, servants or agents of either the owner, operator or pilot, contractors or subcontractors of the owner, operator or pilot or any associated or subsidiary companies of the owner, operator or pilot.
19. The grower/farmer hereby agrees and warrants that if he is approached by any government instrumentality including but not limited to the EPA, Work Cover or CASA or equivalent, the grower/farmer will immediately notify Helispecs and provide whatever assistance Helispecs may require concerning the government instrumentality’s enquiry including but not limited to all documents relating to the application.
20. Helispecs Pty Ltd accepts absolutely no responsibility for any crop damage
when water has been delivered or supplied in any type of tank or vessel that has
been used for the cartage of any liquid, chemical or water.
21 .If due to hard drive or any DGPS failure Helispecs is unable to download & supply a printout of the job completed the grower/farmer is still required to pay the account in full on the due date.
22. The grower/farmer agrees to supply Helispecs personal all MSDS for chemicals used for the application in question
23. If any chemical or combinations supplied to Helispecs by the grower/farmer for application causes damage to any equipment or reacts and causes direct cost, or if it prohibits the aircraft from carry out aerial application due to equipment or aircraft being unserviceable due to chemicals supplied or reactions that have occurred by the chemical supplied by the grower/farmer then minimum daily rates of two hours will be charged by Helispecs at their full gross aircraft aerial application rate, for the period the equipment or aircraft are unserviceable, these cost/charges will be paid by the grower/farmer within 14 days from the date of invoice issued by Helispecs. It is then the responsibility for the grower/farmer to recoup these from other third parties involved if need be. The farmer/grower also indemnifies Helispecs for any other losses associated with that damage, including but not limited to property damage.
24. Helispecs will not carry out any application with a generic brand of chemical. The farmer/grower must confirm with Helispecs prior to the application that the chemicals provided for the application are a non-generic brand of chemical. If the grower/farmer chooses to use a generic brand Helispecs accepts no liability whatsoever for any damage that may be caused by the use of a generic brand of chemical. The farmer/grower indemnifies Helispecs for any losses in regard to the helicopter hire if a generic brand of chemical is supplied for the application. Helispecs also claims the damages referred to in clause 22 in respect of any damage that may be caused if a generic brand of chemical is supplied to Helispecs and inadvertently used for the application.
25.If the grower/farmer has any chemical sensitive crops that require spraying including but not limited to market gardens, orchards, flowers, seedlings or applications onto any type of greenhouse for sun protection purposes, Helispecs will not be held liable for any crop damage howsoever caused. The grower/farmer will satisfy himself that the equipment used by Helispecs is fully decontaminated. The grower/farmer may decontaminate
26. Pricing/Quotes are based on information supplied, Helispecs will endeavour to be as accurate as possible when giving prices or quotes, however due to many considerations including environmental on any given day, incorrect information, variable mixes, half loads & small or unusual blocks will affect quotes/pricing and these are subject to change. If Helispecs fails to meet our required minimum hourly rate for aerial agricultural operations due to any of the above considerations, prices will reflect the time taken for the operation and charged back, based on Helispecs hourly Aerial Application rate (This rate is available by request and is subject to change at any time if required due to fuel & exchange rate fluctuations etc)
27. The signing of these Terms & Conditions will cover all future aerial applications conducted by Helispecs Pty Ltd from the date signed, until it is superseded by the signing of a new copy of Helispecs Pty Ltd Terms & Conditions for aerial applications.
28. Upon signing of these terms and conditions the person warrants that they have authority to bind the corporate entity (if applicable) and also acknowledges, that if the corporate entity cannot pay the application costs they are acting as guarantor and they will be personally liable for all application costs.
29. The person signing these terms and conditions acknowledges that they have read and understood the same.