Terms & Conditions

Version 2.1
Effective date: 22 July 2026

 

1.    About Us, Definitions and Acceptance
2.    Quotes, Pricing and Variations
3.    Bookings, Deposits, Cancellation and Rescheduling
4.    Client Responsibilities, Site Information and Access
5.    Scope of Services, Operational Authority and Compliance
6.    Weather, Airspace, Delay, Standby and Force Majeure
7.    Chemical Selection and Written Application Instructions
8.    Chemical Supply, Mixing and Operational Records
9.    Measurement, Treatment Results and Agricultural Outcomes
10.    Water, Unused Materials and Waste
11.    Decontamination 
12.    Invoices and Payment
13.    Notifications, Permissions and Sensitive Areas
14.    Mapping, Data, Privacy and Intellectual Property
15.    Australian Consumer Law, Liability and Client Indemnity
16.    Dispute Resolutions, Communications and General Provisions
17.    Governing Law, Updates and Client Acknowledgement

1.    About Us, Definitions and Acceptance
1.1    About Swift Drone Solutions
Swift Drone Solutions is a registered business name of Abilas Solutions Pty Ltd ABN 70 686 516 423, ACN 686 516 423.
In these Terms and Conditions:
•    Swift Drone Solutions, Swift, Swift Drones, we, us and our mean Abilas Solutions Pty Ltd trading as Swift Drone Solutions.
•    Client, you and your mean the person or entity requesting, engaging or receiving the Services.
•    Services means any drone spraying, spreading, broadcasting, mapping, aerial imaging, inspection, data collection, analysis, reporting or related service described in a Quote.
•    Site means the property, treatment area, survey area or other location where the Services are to be performed.
•    Materials means chemicals, herbicides, pesticides, fungicides, fertilisers, seeds, granules, adjuvants and any other products used in connection with the Services.
•    Quote includes any quotation, estimate, proposal, job agreement, booking confirmation or scope of work issued by Swift.
•    Chemical Plan/Chemical Application Plan means the written chemical, mixing and application instructions approved by the Client or the Client’s nominated adviser.

1.2    Application of these Terms
These Terms apply to every Quote, booking and Service supplied by Swift unless otherwise agreed in writing.
The agreement between Swift and the Client consists of:
1.    the accepted Quote;
2.    any job-specific agreement;
3.    the Chemical Plan;
4.    the approved property or treatment-area map;
5.    any written instructions accepted by Swift Drone Solutions; and
6.    these Terms.
Where there is an inconsistency, a job-specific written provision in the accepted Quote or job agreement takes priority over these Terms.

1.3    Acceptance
The Client accepts these Terms when the Client:
•    signs or electronically accepts a Quote or job agreement;
•    confirms a booking by email, SMS or another written method;
•    pays a deposit or invoice;
•    instructs Swift Drone Solutions to commence work;
•    provides Materials for use during the Services; or
•    allows Swift to begin work at the Site.
1.4    Client authority
The Client warrants that the Client:
•    has authority to engage Swift Drone Solutions;
•    is authorised to approve the Services and associated expenditure;
•    has authority to provide instructions concerning the Site; and
•    has obtained all necessary permissions where the Client is not the owner or occupier of the Site.

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2.    Quotes, Pricing and Variations
2.1    Quote validity
Quotes are valid for seven days unless another period is stated.
A Quote is based on the information available to Swift Drone Solutions when it is prepared.
 

2.2    Estimates and fixed prices
Unless expressly described as a fixed price, a Quote is an estimate.
A Quote may be adjusted to reflect:
•    the actual treatment, spreading or survey area;
•    actual flight, application, setup, mapping or operating time;
•    the quantity of Materials used;
•    terrain, vegetation, obstacles, access or Site conditions;
•    additional trailer, vehicle or equipment relocations;
•    undisclosed hazards, sensitive areas or restrictions;
•    additional water, labour, travel or regulatory requirements;
•    inaccurate or incomplete information supplied by the Client;
•    changes requested by the Client;
•    additional decontamination or equipment requirements; or
•    another material difference between the quoted scope and the actual conditions encountered.
 

2.3    GST
Unless stated otherwise, all prices exclude GST.
GST will be added where legally applicable.

 

2.4    Errors
Swift Drone Solutions may correct genuine clerical, calculation, pricing or typographical errors.

 

2.5    Variations
A variation may be required where:
•    the Client changes the Services;
•    the treatment area or boundaries change;
•    different Materials or application rates are requested;
•    additional hazards or sensitive areas are identified;
•    the Site conditions differ materially from the information supplied;
•    additional equipment, personnel, water, travel or cleaning is required; or
•    legal, regulatory or safety requirements affect the operation.
Swift Drone Solutions will communicate a material variation as soon as reasonably practicable.
Where immediate action is reasonably required to protect people, property, equipment or the environment, Swift Drone Solutions may take that action without first obtaining the Client’s approval.

 

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3.    Bookings, Deposits, Cancellation and Rescheduling
3.1    Booking confirmation
A proposed operating date is not confirmed until:
•    the Quote has been accepted;
•    any requested deposit has been paid;
•    required maps and Site information have been supplied;
•    required chemical and application instructions have been supplied; and
•    Swift Drone Solutions has confirmed the booking.
All operating dates remain subject to weather, Site conditions, airspace availability, equipment availability, regulatory requirements, personnel availability and operational safety.

 

3.2    Deposits and advance payments
Swift Drone Solutions may require:
•    a booking deposit;
•    advance payment for specially ordered Materials;
•    advance payment for travel, accommodation or mobilisation;
•    payment for specialised equipment or subcontractors; or
•    payment of outstanding accounts before confirming or commencing further Services.
 

3.3    Cancellation and rescheduling by the Client
A request to cancel or reschedule must be made in writing by email or SMS and takes effect when received by Swift Drone Solutions.
Where the Client cancels or reschedules for reasons other than a safety, weather or operational decision made by Swift Drone Solutions:
•    with more than 48 hours’ notice, the Client must pay any non-refundable Materials, travel or third-party costs already committed;
•    with between 24 and 48 hours’ notice, Swift Drone Solutions may charge up to 25% of the estimated Service fee; and
•    with less than 24 hours’ notice, where the Client fails to provide access, or where Swift Drone Solutions attends and cannot commence because the Site is not ready, Swift may charge up to 50% of the estimated Service fee.
Any cancellation charge will be limited to Swift Drone Solutions’ reasonable loss resulting from the cancellation or rescheduling.
Reasonable loss may include:
•    operating time that was reserved and could not reasonably be rebooked;
•    preparation and planning time;
•    committed travel;
•    labour;
•    accommodation;
•    specially ordered Materials;
•    equipment hire;
•    subcontractor costs; and
•    third-party expenses.

 

3.4    Weather and safety cancellations
No cancellation fee applies where Swift Drone Solutions determines that an operation must be postponed solely because conditions are unsafe or unlawful.
The Client remains responsible for Services already performed and reasonable costs already committed.

 

 

4.    Client Responsibilities, Site Information and Access
4.1    Site information
Before the Services commence, the Client must provide complete and accurate information about the Site, including:
•    the correct property address;
•    treatment, spreading or survey boundaries;
•    access points, gates and internal tracks;
•    powerlines, poles, wires, fences, towers, trees and other obstacles;
•    roads, public access areas, buildings and occupied areas;
•    workers, visitors, vehicles, livestock and pets;
•    dams, waterways, water tanks, drains and environmentally sensitive areas;
•    neighbouring crops, vineyards, gardens, nurseries, organic production and sensitive vegetation;
•    beehives and apiaries;
•    airstrips, helicopter landing areas and known low-flying aircraft activity;
•    schools, hospitals, aged-care services, children’s services and other sensitive facilities;
•    known communication, GNSS or radio-interference issues;
•    biosecurity, wash-down or property-entry requirements;
•    restricted, unstable, steep, waterlogged or unsafe ground; and
•    any other hazard or sensitive area that could reasonably affect the Services.

4.2    Maps and boundaries
Maps and boundaries supplied by the Client must be accurate and must not be false or misleading.
The Client must clearly identify the areas to be treated, excluded or prioritised.
Swift Drone Solutions is not responsible for untreated areas that were not clearly identified or included in the approved map.

 

4.3    Access and Site readiness
The Client must:
•    provide lawful and reasonably safe access to the Site;
•    ensure roads, gateways, bridges, culverts and staging areas are suitable for Swift Drone Solutions vehicles and equipment;
•    ensure required gates are unlocked;
•    provide keys, access codes or permissions at the agreed time;
•    ensure the operating and refill areas are reasonably clear and accessible;
•    nominate a representative who is contactable during the operation;
•    secure or remove livestock and other hazards where requested; and
•    advise Swift Drone Solutions promptly of any change to Site conditions.

 

4.4    Exclusion areas
The Client must:
•    keep people, animals and vehicles outside exclusion areas established by Swift Drone Solutions;
•    follow reasonable safety directions;
•    prevent unauthorised persons from approaching the operating area; and
•    prevent anyone from touching, moving or operating Swift Drone Solutions’ equipment without permission.

 

4.5    Damage to Swift Drone Solutions equipment
The Client is responsible for loss or damage to Swift Drone Solutions’ equipment caused by:
•    the Client;
•    the Client’s personnel;
•    the Client’s contractors;
•    livestock or animals that were not properly controlled;
•    an undisclosed Site hazard; or
•    unauthorised interference.
The Client is not responsible to the extent Swift Drone Solutions caused or contributed to the damage through its own negligence.

 

4.6    Consequences of inaccurate information
Swift Drone Solutions is not responsible for delay, damage or loss resulting from inaccurate Site information, undisclosed hazards, unsuitable access or the Client’s failure to maintain the required operating area, except to the extent caused by Swift’s negligence, breach of contract or failure to exercise reasonable care and skill.

 

 

5.    Scope of Services, Operational Authority and Compliance
5.1    Performance of Services
Swift Drone Solutions will perform the Services described in the accepted Quote using reasonable care and skill.

 

5.2    Swift Drone Solutions’ operational authority
Swift Drone Solutions retains final authority over:
•    whether an operation can safely and lawfully commence or continue;
•    flight paths, operating height, speed and application settings;
•    exclusion zones and safety distances;
•    weather suitability;
•    airspace compliance;
•    equipment configuration;
•    the location of operational vehicles and equipment;
•    whether particular Materials can be accepted or applied;
•    whether additional controls are required; and
•    whether an operation must be modified, paused, postponed, discontinued or cancelled.

 

5.3    Unsafe or unlawful instructions
The Client must not direct or pressure Swift Drone Solutions personnel to act contrary to:
•    legislation;
•    product labels or permits;
•    licence or approval conditions;
•    Swift Drone Solutions’ operations manual;
•    chemical-use requirements;
•    workplace-safety requirements;
•    environmental obligations; or
•    Swift Drone Solutions’ reasonable professional judgement.
Swift Drone Solutions may refuse, suspend or discontinue any Service that Swift Drone Solutions reasonably considers:
•    unsafe;
•    unlawful;
•    environmentally inappropriate;
•    inconsistent with a product label or permit;
•    outside the agreed scope;
•    beyond the capabilities of the available equipment; or
•    inconsistent with Swift Drone Solutions’ operational requirements.

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5.4    Licences and approvals
Swift Drone Solutions will hold the licences, registrations, approvals and authorisations legally required for the Services Swift Drone Solutions performs.
Swift Drone Solutions will perform aerial operations in accordance with applicable aviation, chemical-use, environmental and workplace-safety requirements.

 

5.5    Employees and subcontractors
Swift Drone Solutions may use suitably qualified employees or subcontractors to perform part of the Services.
Swift Drone Solutions remains responsible for managing its personnel and subcontractors in connection with the Services.

 

 

6.    Weather, Airspace, Delay, Standby and Force Majeure
6.1    Weather and operational dependency
All Services are weather and operationally dependent.
Swift Drone Solutions may postpone, pause, modify or cancel an operation because of:
•    wind;
•    rain;
•    temperature;
•    humidity;
•    Delta T;
•    temperature inversion risk;
•    dew;
•    frost;
•    unsuitable ground conditions;
•    unsafe access;
•    airspace restrictions;
•    aerodrome activity;
•    emergency-service or firefighting activity;
•    regulatory directions;
•    loss or degradation of GNSS;
•    communication or control-link issues;
•    unexpected equipment failure despite reasonable maintenance;
•    illness or unavailability of essential personnel;
•    safety concerns;
•    environmental concerns; or
•    another circumstance outside Swift Drone Solutions’ reasonable control.
Swift Drone Solutions will determine whether conditions are suitable for flight and application.
A delay, postponement or cancellation under this section is not, by itself, a breach of contract.

 

6.2    Rescheduling
Swift Drone Solutions will make reasonable efforts to reschedule delayed Services, subject to:
•    weather;
•    Site conditions;
•    workload;
•    personnel and equipment availability;
•    airspace access; and
•    regulatory requirements.
The Client remains responsible for:
•    Services already performed;
•    Materials purchased or used;
•    non-refundable third-party charges;
•    approved travel or mobilisation costs already incurred; and
•    other reasonable committed costs.

 

6.3    Standby charges
Unless another rate is stated in the Quote, a standby charge of $150 per hour plus GST, charged in 30-minute increments, may apply where operating time is lost because of circumstances outside Swift Drone Solutions’ control.
This may include:
•    waiting for the Client or the Client’s representative;
•    waiting for Swift Drone Solutions’ batch tank or other equipment to be filled using a garden hose, low-flow water supply or another water source that is slower than reasonably required for the operation;
•    unclear, incomplete or changed instructions;
•    Materials, water or Site access not being ready;
•    locating undisclosed water points or treatment areas;
•    people, livestock or vehicles entering an exclusion area;
•    access restrictions or hazards not previously disclosed;
•    gates, keys or permissions not being available;
•    notifications not being completed;
•    additional chemical clarification being required; or
•    the Client requesting Swift to remain on Site while waiting for conditions to improve.
Swift Drone Solutions will not charge standby time for delay caused solely by Swift Drone Solutions’ breach of contract or failure to exercise reasonable care and skill.

 

6.4    Relocation and remobilisation
Additional charges may apply for trailer, vehicle or equipment relocation where the number or extent of relocations could not reasonably have been identified before the job.
Where Swift Drone Solutions must leave and return because the Site was not ready, reasonable remobilisation and travel charges may apply.

 

6.5    Treatment-area changes
Where the Client changes treatment areas, boundaries or priorities after mobilisation or commencement:
•    additional mapping or planning time may be charged;
•    relocation or travel charges may apply;
•    the Quote may be varied;
•    the operation may need to be postponed; and
•    Swift Drone Solutions may refuse the change where it creates a safety, legal or operational concern.

 

6.6    Force majeure
Neither party is liable for delay or failure caused by an event beyond its reasonable control, including:
•    severe weather;
•    natural disaster;
•    fire;
•    flood;
•    emergency-service activity;
•    road closure;
•    government direction;
•    regulatory restriction;
•    airspace closure;
•    telecommunications outage;
•    widespread GNSS interference;
•    industrial action; or
•    supply-chain disruption.
This section does not excuse the Client from paying for Services already performed or reasonable costs already committed.
The affected party must notify the other party as soon as reasonably practicable and take reasonable steps to minimise the effect of the event.

 

 

7.    Chemical Selection and Written Application Instructions
7.1    Application service only
Unless Swift expressly agrees in writing to provide a separate advisory service, Swift Drone Solutions provides an application service only.
Swift does not provide agronomic, veterinary, chemical-selection, crop-management or pest-management advice.

 

7.2    Client and adviser responsibility
The Client, together with any agronomist, chemical supplier or adviser engaged by the Client, is responsible for:
•    selecting the Materials;
•    determining that the Materials are suitable for the target, crop, pasture and Site;
•    determining the mixing rate;
•    determining the application rate;
•    determining the total application volume;
•    confirming product and tank-mix compatibility;
•    determining the appropriate mixing order;
•    confirming that the proposed use is permitted by the current product label, permit and applicable law;
•    identifying withholding periods, re-entry periods, grazing restrictions and residue requirements;
•    identifying mandatory buffer zones, spray-drift restraints and weather requirements;
•    determining whether the timing, crop condition and target growth stage are appropriate;
•    ensuring sufficient quantities are available; and
•    providing accurate written application instructions.

 

7.3    Supporting documentation
The Client must provide any current:
•    Chemical name and brand name;
•    permit;
•    agronomic recommendation;
•    chemical-use direction; or
•    other information
reasonably requested by Swift Drone Solutions.
Swift Drone Solutions may require the Client or the Client’s nominated adviser to provide written clarification before the operation proceeds.

 

7.4    Chemical Application Plan
Before an application operation, the Client must approve a written Chemical Plan or equivalent document identifying, where applicable:
•    the Client and Site;
•    the treatment area;
•    the target weed, pest, crop or purpose;
•    each product to be applied;
•    mixing rate;
•    application rate;
•    total application volume;
•    adjuvants and additives;
•    tank-mix order;
•    relevant label or permit details;
•    sensitive areas and exclusion zones;
•    withholding and re-entry requirements; and
•    any other relevant instruction.

7.5    Reliance on instructions
Swift Drone Solutions may rely on written instructions supplied or approved by the Client or the Client’s nominated adviser unless the instruction is obviously unsafe, unlawful, incomplete or inconsistent.
The Client must carefully check the Chemical Plan before signing or approving it.
Swift Drone Solutions may refuse an instruction that appears:
•    unlawful;
•    contrary to a label or permit;
•    unsafe;
•    incomplete; or
•    unsuitable for drone application.

7.6    Changes to instructions
Where the Client changes the Materials, mixing rate, application rate, treatment area or other instructions:
•    additional planning or mapping time may be charged;
•    additional cleaning or equipment requirements may apply;
•    the Quote may be varied;
•    the operation may be delayed or rescheduled; or
•    Swift Drone Solutions may refuse the requested change.

 

 

8.    Chemical Supply, Mixing and Operational Records
8.1    Client-supplied Materials
Materials supplied by the Client must be:
•    lawfully acquired;
•    genuine and correctly labelled;
•    authorised for the proposed use;
•    within any applicable expiry or use period;
•    stored in accordance with manufacturer instructions;
•    in suitable condition for mixing or application;
•    available in sufficient quantity; and
•    delivered or made available at the agreed time.
Swift Drone Solutions may refuse any Material that is:
•    unlabelled;
•    damaged;
•    leaking;
•    deteriorated;
•    contaminated;
•    incompatible;
•    unlawful;
•    unsafe;
•    unsuitable for Swift Drone Solutions’ equipment; or
•    otherwise unacceptable in Swift Drone Solutions’ reasonable opinion.
The Client remains responsible for the agronomic and chemical suitability of Client-supplied Materials.

 

8.2    Materials supplied by Swift
Where Swift supplies or procures Materials:
•    the Client remains responsible for approving the product and application instructions;
•    the final invoice may be adjusted to reflect the quantity actually used;
•    charges may include purchasing, freight, handling and storage;
•    specially ordered unused product may be charged where it cannot reasonably be returned or reused; and
•    supplying a product does not, by itself, constitute agronomic or chemical advice.

 

8.3    Mixing and loading
Swift Drone Solutions will use reasonable care and skill when measuring, mixing, loading and applying Materials.
Swift Drone Solutions will not intentionally vary the authorised written instructions without the Client’s approval, except where reasonably necessary to prevent an immediate safety or environmental risk.

8.4    Mixing records
Swift Drone Solutions may maintain evidence of the mixing and loading process, including:
•    written mixing records;
•    photographs;
•    video recordings;
•    product-container photographs;
•    product batch information;
•    measuring-device readings;
•    tank and batch numbers;
•    operator records;
•    application logs; and
•    drone flight records.
These records may be used to verify the products and quantities used during the operation.
Where practical, each tank or batch may be recorded separately.

 

8.5    Measurement tolerances
The Client acknowledges that minor differences may occur between calculated and actual quantities because of:
•    product remaining in containers;
•    measuring tolerances;
•    tank shape;
•    foam;
•    agitation;
•    plumbing volume;
•    residual liquid;
•    equipment calibration; and
•    other normal operational factors.
This clause does not excuse a failure by Swift Drone Solutions to exercise reasonable care and skill.

 

 

9.    Measurement, Treatment Results and Agricultural Outcomes
9.1    Measurement and invoicing records
The final invoice may be calculated using:
•    actual application, spreading or survey area;
•    drone flight records;
•    application logs;
•    time records;
•    quantities of Materials used;
•    water supplied;
•    travel records;
•    relocation records; and
•    other reasonable operational records.
Raw flight-path area may be adjusted where necessary to account for:
•    overlap;
•    turns;
•    ferrying flights;
•    excluded areas;
•    refill travel;
•    obstacle avoidance; and
•    other non-treatment movements.
Where the actual area or scope differs from the Quote, the final invoice may be adjusted using the applicable quoted or agreed rate.

9.2    No guaranteed agricultural result
Swift Drone Solutions will perform the agreed Services using reasonable care and skill but does not guarantee:
•    complete weed control;
•    complete pest or disease control;
•    germination or establishment;
•    crop or pasture response;
•    fertiliser response;
•    yield improvement;
•    the absence of regrowth;
•    the absence of reinfestation; or
•    any particular agricultural or commercial result.

 

9.3    Factors outside Swift Drone Solutions’ control
Results may be affected by matters outside Swift’s control, including:
•    product selection;
•    chemical resistance;
•    application timing;
•    plant or pest growth stage;
•    weather before or after application;
•    rainfall;
•    dew;
•    frost;
•    soil moisture;
•    water quality;
•    crop or pasture condition;
•    product storage;
•    Client instructions;
•    grazing;
•    mowing;
•    cultivation;
•    nutrient deficiency;
•    disease;
•    pest activity; and
•    other environmental or biological factors.
A repeat or follow-up application is not included unless stated in the Quote or required as an appropriate legal remedy.

 

9.4    Causes not attributable to Swift Drone Solutions
To the extent permitted by law, Swift Drone Solutions is not liable for damage caused by:
•    the chemical or combination selected by the Client or its adviser;
•    inaccurate mixing or application instructions supplied to Swift Drone Solutions;
•    undisclosed sensitive crops, plants or production systems; 
•    pre-existing soil or chemical residues;
•    chemicals previously used by the Client or another contractor;
•    contaminated Client-supplied water;
•    spray drift, runoff or chemical movement not caused by Swift Drone Solutions;
•    disease;
•    nutrient deficiency;
•    frost;
•    waterlogging;
•    drought;
•    pest activity;
•    poor establishment;
•    chemical resistance;
•    adverse weather after application;
•    grazing or management practices; or
•    another unrelated cause.
This exclusion does not apply to the extent Swift Drone Solutions caused or contributed to the damage through negligence, breach of contract or failure to exercise reasonable care and skill.

 

9.5    Reporting concerns
The Client must notify Swift Drone Solutions promptly if the Client believes there is a problem so the circumstances can be inspected and investigated.
Where practical, notice should be provided within 24 hours of the issue becoming apparent.
This request does not limit any right that cannot lawfully be limited.

 

 

10.    Water, Unused Materials and Waste
10.1    Water supply
Unless the Quote states that Swift Drone Solutions will supply all required water, the Client must provide an accessible and adequate water source suitable for the proposed application.
The Client must disclose whether the water is sourced from:
•    mains supply;
•    rainwater tank;
•    bore;
•    dam;
•    creek;
•    irrigation system; or
•    another non-mains source.

 

10.2    Water quality
Where non-mains water is used at the Client’s request, Swift Drone Solutions is not responsible for reduced product performance, blockages, incompatibility or contamination caused by water quality, except to the extent Swift Drone Solutions failed to exercise reasonable care and skill.
Additional charges may apply where Swift Drone Solutions is required to:
•    supply or transport water;
•    filter or treat water;
•    travel to obtain water;
•    wait for water to become available; or
•    suspend operations because the water is unsuitable or insufficient.

 

10.3    Unused Materials
Unless otherwise agreed, unused Materials supplied or paid for by the Client remain the Client’s property.
The Client is responsible for providing lawful instructions regarding unused product or mixed solutions.

 

10.4    Storage and disposal
Swift Drone Solutions is not required to store, transport, apply or dispose of Materials in a manner that Swift Drone Solutions considers unsafe or unlawful.
Additional charges may apply for:
•    extended rinsing or decontamination;
•    cleaning following persistent or high-risk Materials;
•    management of contaminated water;
•    disposal through an approved waste provider;
•    replacement of contaminated filters or components;
•    transport or temporary storage of unused Materials; or
•    delay caused by Material handling or disposal requirements.
Swift Drone Solutions may refuse to store or apply a mixed solutions where later use or storage would be unsafe, unlawful or contrary to product instructions.

 

11.    Decontamination 
11.1    Decontamination standard
Swift Drone Solutions will use reasonable care and skill when cleaning and decontaminating application, transfer and mixing equipment.

 

11.2    Decontamination records
Swift Drone Solutions may maintain records of decontamination, including:
•    date and time;
•    the drone and equipment used;
•    previous Materials applied;
•    cleaning agent used;
•    cleaning-agent concentration;
•    rinse volumes;
•    number of rinses;
•    soak or circulation duration;
•    tanks, pumps, lines, hoses, filters, strainers and nozzles cleaned or inspected;
•    components removed, inspected or replaced;
•    photographs or video; and
•    the person completing the decontamination.

 

11.3    Residual contamination risk
The Client acknowledges that agricultural application equipment may previously have been used with other agricultural chemicals and that, despite reasonable cleaning and decontamination, trace residues may not always be detectable or capable of being completely eliminated.

 

11.4    Disclosure of sensitive production
Before the Services commence, the Client must disclose in writing:
•    all crops, pasture and plants within or near the treatment area;
•    crops or plants known or suspected to be highly sensitive to chemical residues;
•    vineyards;
•    horticultural and vegetable crops;
•    nurseries;
•    newly established crops or pasture;
•    organic production;
•    export-accredited or residue-sensitive production;
•    certification-controlled production;
•    unusually high-value crops or plantings; and
•    any other circumstance where trace contamination could result in significant loss.

 

11.5    Additional risk controls
Swift Drone Solutions may refuse, postpone or impose additional requirements where Swift Drone Solutions reasonably considers that the contamination risk cannot be adequately controlled.
Additional requirements may include:
•    extended cleaning or soaking;
•    repeated rinsing;
•    replacement of filters or fluid-contact components;
•    use of separately designated equipment;
•    residue testing;
•    additional inspection;
•    longer turnaround times; or
•    refusal to apply particular Materials.
Additional charges may apply.
Where possible, Swift Drone Solutions will advise the Client of additional charges before proceeding.

 

11.6    Suspected chemical damage
Where the Client alleges chemical damage, incorrect application or cross-contamination, the Client must, as soon as reasonably practicable:
•    notify Swift in writing;
•    identify the affected area;
•    provide relevant photographs and information;
•    take reasonable steps to prevent further damage;
•    avoid destroying, cultivating, grazing, respraying, removing or replacing the affected crop or pasture until Swift Drone Solutions has had a reasonable opportunity to inspect, except where urgent action is reasonably necessary;
•    preserve relevant plants, soil, water, chemical containers and other evidence where reasonably practicable; and
•    provide Swift Drone Solutions, its advisers and appointed experts with reasonable access to inspect, sample and investigate.

11.7    Preservation of evidence and mitigation
Failure to comply with the investigation requirements does not automatically extinguish a lawful claim.
However, to the extent permitted by law, Swift Drone Solutions is not responsible for additional loss caused by:
•    unreasonable delay in reporting;
•    destruction of relevant evidence;
•    refusal of reasonable access;
•    failure to take reasonable steps to minimise damage; or
•    action taken without first giving Swift Drone Solutions a reasonable opportunity to investigate.

11.8    Evidence of loss
The Client must provide reasonable evidence establishing the cause, extent and value of any alleged loss.
The existence of crop symptoms after the Services does not, by itself, establish that Swift Drone Solutions caused the damage.
Nothing in this section transfers to the Client responsibility for Swift Drone Solutions’ failure to follow authorised written instructions or Swift Drone Solutions’ failure to exercise reasonable care and skill.

 

 

12.    Invoices and Payment
12.1    Payment terms
Unless stated otherwise in the Quote:
•    invoices are payable within fourteen calendar days;
•    payment must be made using an accepted payment method; and
•    the Client must pay the undisputed portion of an invoice by the due date.

 

12.2    Invoice queries
The Client must raise any invoice query promptly and provide details of the disputed amount.
Raising an invoice dispute does not remove the obligation to pay the undisputed portion.

 

12.3    Overdue accounts
To the extent permitted by law, overdue amounts may accrue interest at the Reserve Bank of Australia cash-rate target plus 6% per annum, calculated daily from the due date.
The Client must reimburse Swift Drone Solutions for reasonable external costs incurred in recovering an overdue debt, including debt-collection and legal costs, to the extent permitted by law.

 

12.4    Suspension and withholding of deliverables
Swift Drone Solutions may:
•    suspend future bookings;
•    refuse to commence further Services;
•    require payment in advance; and
•    withhold non-regulatory reports, imagery, mapping data, analysis, online viewer access or other deliverables
until overdue amounts have been paid.
Swift Drone Solutions will not withhold records that Swift Drone Solutions is legally required to provide.

 

 

13.    Notifications, Permissions and Sensitive Areas
13.1    Information required from the Client
The Client must provide Swift with all information that the owner or occupier of the Site is legally required to provide to an aerial application contractor.
This includes details of any prescribed sensitive facility or area located within a legally relevant distance of the land to be treated.

 

13.2    Responsibility for notifications
Each party remains responsible for any notification that the law specifically requires that party to make.
Unless the Quote states otherwise, the Client is responsible for:
•    notifying neighbours and adjoining landholders;
•    notifying managers or occupiers of sensitive facilities where required;
•    notifying beekeepers;
•    notifying workers, residents and other potentially affected people;
•    obtaining landowner, occupier or third-party permissions;
•    obtaining permission to enter or operate from neighbouring land;
•    complying with leases, organic certification and production-system requirements; and
•    disclosing relevant complaints, disputes, restrictions or neighbouring sensitivities.

 

13.3    Failure to obtain permission or notify
Swift Drone Solutions may postpone or refuse the Services where required information, permission or evidence of notification has not been provided.
The Client is responsible for loss or third-party claims arising from the Client’s failure to obtain a permission or make a notification the Client was legally required to make.

 

 

14.    Mapping, Data, Privacy and Intellectual Property
14.1    Mapping and analytical limitations
Unless expressly stated in the Quote:
•    mapping and imagery are not cadastral or registered land surveys;
•    mapped boundaries must not be relied upon as legal property boundaries;
•    measurements and volume estimates are approximate;
•    deliverables are not engineering, structural, environmental, agronomic or safety certifications;
•    accuracy may be affected by GNSS quality, vegetation, terrain, lighting, weather, ground control and processing methods;
•    online viewers may only remain available for the period stated in the Quote; and
•    third-party software may be subject to separate platform limitations.
The Client must ensure that a deliverable is suitable for its intended purpose before relying upon it for:
•    construction;
•    legal boundaries;
•    financial reporting;
•    engineering;
•    safety-critical decisions;
•    regulatory compliance; or
•    another high-risk purpose.
Raw data, specialist formats, extended storage or ongoing viewer access are supplied only where included in the Quote.

 

14.2    Intellectual property
Swift Drone Solutions retains ownership of its:
•    operating methods;
•    templates;
•    calculations;
•    report formats;
•    software configurations;
•    workflows;
•    branding;
•    background intellectual property;
•    training material; and
•    know-how.
Once all applicable invoices have been paid, the Client receives a non-exclusive, non-transferable licence to use the final deliverables for the purpose described in the Quote.
The Client must not, without written permission:
•    resell Swift Drone Solutions’ deliverables;
•    remove Swift Drone Solutions’ branding;
•    present Swift Drone Solutions’ work as having been prepared by another person;
•    reproduce Swift Drone Solutions’ templates or methods for commercial use; or
•    provide editable files or raw data to another contractor for replication of Swift Drone Solutions’ work.

 

14.3    Data storage and third-party platforms
Swift Drone Solutions may use third-party software, cloud storage, mapping services, online viewers and processing providers.
Unless otherwise stated:
•    regulatory and chemical-use records will be retained for the period required by law;
•    Swift Drone Solutions does not guarantee indefinite storage of raw data, imagery or project files;
•    online viewer access may expire;
•    the Client is responsible for downloading and securely storing supplied deliverables; and
•    additional charges may apply for later retrieval, reprocessing or extended storage.
Swift Drone Solutions is not responsible for temporary interruption, modification or discontinuation of a third-party platform outside Swift’s reasonable control.

 

14.4    Privacy and disclosure
Swift will handle personal information in accordance with applicable privacy law and Swift Drone Solutions’ Privacy Policy.
Information may be disclosed where reasonably necessary to:
•    insurers;
•    legal or professional advisers;
•    regulators;
•    emergency services;
•    employees or subcontractors;
•    debt-recovery providers;
•    software and cloud-service providers; or
•    another person where authorised or required by law.

 

14.5    Marketing
Swift Drone Solutions will not publish identifiable Client information, Site imagery or project details for marketing purposes without the Client’s consent.
Swift Drone Solutions may use genuinely de-identified operational information that does not identify the Client, property or confidential activity.

 

 

15.    Australian Consumer Law, Liability and Client Indemnity
15.1    Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
Where the Australian Consumer Law permits liability for a failure to comply with a consumer guarantee relating to Services to be limited, Swift Drone Solutions’ liability is limited, at Swift Drone Solutions’ option, to:
•    supplying the affected Services again; or
•    paying the reasonable cost of having the affected Services supplied again.

 

15.2    Direct and consequential loss
To the extent permitted by law, Swift Drone Solutions is not liable for indirect or consequential loss, including:
•    loss of profit;
•    loss of revenue;
•    loss of opportunity;
•    loss of production;
•    loss of anticipated yield;
•    loss of anticipated savings;
•    business interruption;
•    reputational damage; or
•    another indirect commercial loss.
This exclusion does not apply where the loss cannot lawfully be excluded.

 

15.3    Client indemnity
To the extent permitted by law, the Client indemnifies Swift Drone Solutions and its personnel against third-party claims, reasonable costs, damage and liability arising from:
•    the Client’s breach of these Terms;
•    inaccurate or misleading information supplied by the Client;
•    an undisclosed Site hazard or sensitive area;
•    Materials or application instructions selected or supplied by the Client;
•    the Client’s failure to obtain lawful access, authority, consent or permission;
•    the Client’s failure to make a notification it was legally required to make;
•    a person, animal or vehicle entering an exclusion area contrary to Swift’s directions;
•    contamination or damage caused by Client-supplied water or Materials;
•    unauthorised interference with Swift Drone Solutions’ equipment; or
•    the Client’s unlawful, negligent or wilful conduct.
This indemnity does not apply to the extent the relevant loss was caused or contributed to by Swift Drone Solutions’ negligence, unlawful conduct or breach of contract.