Terms and Conditions of Sale

These Terms of Sale and Conditions (“Terms”) constitute a legally binding agreement between the purchaser (“Buyer”) and NQ Aerovation Pty Ltd (“Seller”) and its affiliates. These terms and conditions apply to the ordering, purchase, fulfilment, and delivery of goods (“Goods) from NQ Aerovation Pty Ltd. By placing an order with NQ Aerovation Pty Ltd, the Buyer agrees to be bound by these Terms. Set out below are the terms and conditions under which NQ Aerovation Pty Ltd provides sale of goods, services and the handling of goods on behalf of the client.

Definitions

“Terms” Terms of Sale and Conditions constitute a legally binding agreement

“Buyer” the purchaser

“Website” Nqaerovation.com.au, nqaero.com.au and any other domains associated with NQ Aerovation Pty Ltd

“Goods” “Order” referring to any product or service ordered by the Buyer and sold by NQ Aerovation to the Buyer via Pro-forma Invoice, Purchase Order or Direct Purchase via the website.

Standard Terms and Conditions

Any contract of sale or service between NQ Aerovation Pty Ltd and the buyer shall be subject to these terms and conditions.

These terms and conditions shall prevail notwithstanding any other terms and conditions on any order submitted by the client.

These terms and conditions will not be waived unless agreed to by the parties in writing.

Any variation to these terms and conditions shall not be binding on NQ Aerovation Pty Ltd unless and until an authorised officer of NQ Aerovation Pty Ltd has signed acceptance of the varied terms.

Australian Consumer Law

Your acquisition of Goods is subject to specific legal rights, encompassing but not limited to the Australian Consumer Law. The Australian Consumer Law grants you certain rights that cannot be waived. These rights include the stipulation that the Goods must meet an acceptable standard, be reasonably suitable for the purpose for which NQ Aerovation and its affiliates asserts they are fit and correspond with any pertinent description. Nothing within these Terms and Conditions is intended to, or shall be construed to, exclude, limit, or alter any condition, warranty, guarantee, right, or remedy inferred by law (including the Australian Consumer Law). Such provisions that cannot, by law, be excluded, restricted, or modified shall remain unaffected by these Terms and Conditions.

Pricing & Taxes 

All product and hire prices are quoted in Australian dollars and are inclusive of GST. All training courses are quoted in Australia dollars and do not attract GST.

Prices for Goods are as shown on the Website with custom quotes including bundle package quotes available on request.

The Buyer accepts that the price of Goods are subject to change at any time without notice.

Delivery / freight charges will be calculated and quoted for in the ordering process. 

Placing an Order 

You can enquire about a product, price, shipping and availability by clicking the ‘Custom Quote, Shipping & Availability’ link found on each product page and completing and submitting the contact form. NQ Aerovation Pty Ltd will contact you via email with a custom quote and further information to place your order.

An Order submitted by you is an acceptance by you to purchase the Goods for the quoted price shown on the Pro-forma invoice.

Payment Process and Authorisation

NQ Aerovation Pty Ltd accepts most payment types including most Credit Cards (accept American Express) and Direct Bank Transfer. NQ Aerovation Pty Ltd will issue an invoice for payment on acceptance of your Order. If NQ Aerovation Pty Ltd should need to cancel your Order having already processed your payment, NQ Aerovation Pty Ltd will refund your payment in full.

NQ Aerovation may accept or reject your purchase at its absolute discretion including but without limitation, Orders for commercial quantities of Goods and/or Goods that are out of stock, discontinued or on back order. 

If the name on the credit card, payment card, or account differs from the name on the Order, NQ Aerovation Pty Ltd reserves the right to decline the acceptance of your order. Alternatively, NQ Aerovation Pty Ltd may request additional information, such as proof of identity documents, aligning with its fraud detection procedures.

By furnishing your credit card or choosing an alternative payment method, you grant authorization to NQ Aerovation Pty Ltd for the deduction of the total agreed price from the provided card or payment method.

In the event that you place an Order for someone else to receive the Goods, it is imperative that you secure their consent before furnishing NQ Aerovation Pty Ltd with their personal information. By initiating an Order, you affirm to NQ Aerovation Pty Ltd that you have obtained the requisite consent from the individual for whom the Goods are intended.

You guarantee to NQ Aerovation Pty Ltd that all information supplied by you pertaining to each Order is complete, genuine, and accurate.

The Goods you have ordered will not be dispatched until your payment for the Goods has successfully cleared. In the event that your payment cannot be processed, your Order will be rejected, and notification of this will be communicated to you via email.

Delivery 

Following dispatch of your Goods, NQ Aerovation Pty Ltd will send you a confirmation email of dispatch and tracking number where applicable.

NQ Aerovation Pty Ltd will not ship Goods outside of Australia.

Please check your Order and delivery address (including the quantities ordered) before purchasing the Goods as Orders may not be able to be changed or cancelled once the Order has been placed and payment has been accepted by NQ Aerovation.

NQ Aerovation Pty Ltd will use reasonable measures to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

NQ Aerovation Pty Ltd may not be able to consolidate separate Orders into one delivery where you place separate Orders. In most cases, Goods ordered separately will be delivered separately (with an Additional Delivery Charge if applicable). 

In the event that you place an Order comprising more than one item, NQ Aerovation Pty Ltd endeavors to dispatch all Goods accepted within the same Order simultaneously, where practical. However, there may be instances where Goods are dispatched separately. This could occur due to various reasons, such as the Goods being dispatched from different locations, the Goods being of different types (e.g., a mix of hardware and software), or differing availability statuses of the Goods.

Delivery Procedures

Upon delivery, you may be required to sign a proof of delivery document. If you are unavailable to receive the delivery, NQ Aerovation Pty Ltd may, at its discretion:

(a) Request your Goods be transported to the delivery service providers local depot.

(b) Seek your consent to grant “authority to leave” the Goods at a location you deem safe, either at or outside the delivery address (at your own risk).

(c) Schedule a re-delivery of your Goods to your delivery address at a later date.

The Buyer agrees to follow all instructions provided by the freight company to complete the delivery of Goods. 

Liability for Delivery

The Buyer acknowledges that once an order is shipped, NQ Aerovation Pty Ltd cannot be held liable if a delivery is delayed due to the actions of the courier or third party and that Risk and title in Goods passes to the Buyer on the date and time of delivery of the Goods to the delivery address provided by the Buyer.

NQ Aerovation Pty Ltd will not be liable for delay in delivery or availability however caused including, but not limited to, strikes, inability to obtain supplies, weather, storm, other acts of God, or other circumstances beyond NQ Aerovation Pty Ltd control.

The Buyer acknowledges that NQ Aerovation Pty Ltd does not offer compensation for shipping delays of any description outside its control.

You acknowledge that NQ Aerovation Pty Ltd does not guarantee delivery or availability of goods within any advertised or estimated timeframe.

If an order is lost in transit, stolen or damaged, NQ Aerovation Pty Ltd agrees to contact the supplier/transit company to organise a replacement on behalf of the Buyer.

Unavailability of Goods

NQ Aerovation Pty Ltd is unable to guarantee the availability of Good’s as it is dependent upon its suppliers to provide stock. 

Except as otherwise mandated by law, including the Australian Consumer Law, NQ Aerovation Pty Ltd holds no liability to you or any other individual for any loss, damage, cost, or expense incurred directly or indirectly due to the unavailability of any Goods at any time. This limitation of liability encompasses contractual claims, negligence, any other tort, equity, restitution, strict liability, under statute, or any other legal basis.

Limitations of Liability

Unless mandated otherwise by law, including, but not limited to, the Australian Consumer Law, NQ Aerovation Pty Ltd will not be held liable to you or any other individual for any loss, damage, cost, or expense incurred directly or indirectly due to incomplete or inaccurate information in your Order. Additionally, NQ Aerovation Pty Ltd will not be held liable for the inability to modify or cancel your Order once it has been accepted by NQ Aerovation Pty Ltd. This limitation of liability applies across contract, negligence, any other tort, equity, restitution, strict liability, under statute, or any other legal basis.

Cancellation of Order by NQ Aerovation Pty Ltd

NQ Aerovation Pty Ltd reserves the right to cancel an Order previously accepted, at any time before delivery, for various reasons including, but not limited to:

NQ Aerovation Pty Ltd suppliers being unable to fulfill promised deliveries; 

Events beyond our control, such as natural disasters, power failures, war, strikes, pandemics, or governmental actions, preventing timely supply; 

Errors on the Website related to Goods, such as description, price, or image, discovered after Order acceptance.

Cancellation of Order by You

You have the right to cancel your Order if:

NQ Aerovation Pty Ltd breaches a material term of this Agreement; 

NQ Aerovation Pty Ltd cannot deliver within a reasonable time of the estimated delivery, excluding delays caused by your actions or circumstances beyond NQ Aerovation Pty Ltd control, as outlined in these Terms and Conditions.

Notification of Order Cancellation

If NQ Aerovation Pty Ltd cancels your Order we will notify you via email.

Any cancellation requested by the Buyer must be made in writing via email to NQ Aerovation Pty Ltd.

Liability for Cancellation

Except as required by law or expressly stated in these terms and conditions, NQ Aerovation Pty Ltd is not liable for any loss, damage, cost, or expense resulting directly or indirectly from the cancellation of your Order, whether in contract, negligence, or any other legal basis.

Cancellation Refunds

Refunds will be made at the sole discretion of NQ Aerovation Pty Ltd

In the event of NQ Aerovation Pty Ltd or you the Buyer cancelling an Order after payment has been cleared, NQ Aerovation Pty Ltd will refund any money paid for that Order should NQ Aerovation Pty Ltd be obliged to refund your payment in line with these Terms and Conditions. 

NQ Aerovation Pty Ltd aims to initiate your refund within 2 business days (QLD time Monday to Friday 9am -5pm) however NQ Aerovation Pty Ltd cannot be held responsible for processing times set out by your financial institute. 

Faulty or Damaged Goods on Delivery

The Buyer is required to inspect the Goods and contact NQ Aerovation via email with photographic evidence within 24 hours of delivery if the order is incorrect or any Goods are damaged or faulty. If you have any issues with the Goods please refer to NQ Aerovation Pty Ltd Returns policy. If you do not notify NQ Aerovation within this timeframe we may deny your claim.

Insurance

We act as a referrer only. If you purchase insurance with Agile, NQ Aerovation receive a commission of up to 10% on the premium less taxes and charges. NQA cannot and do not make any recommendation on the insurance product and whether it is right for you”, unless Agile agrees in writing to the Affiliate using an alternate form of words.

Limitations of Liability

Unless stipulated otherwise by law, including the Australian Consumer Law, NQ Aerovation Pty Ltd shall not be held liable to you or any other individual for any direct or indirect loss, damage, cost, or expense. This includes, but is not limited to, loss of profit, revenue, business, bargain, savings, data, goodwill, or reputation. Furthermore, NQ Aerovation Pty Ltd will not be liable for the cost of obtaining replacement or alternative goods, or the cost of other remedial measures. This limitation of liability encompasses any indirect, special, economic, or consequential loss, arising in connection with any Order placed with NQ Aerovation Pty Ltd.

Confidentiality

Confidential information (the “Confidential Information”) refers to any data or information relating to the Buyer, whether business or personal, which would reasonably be considered to be private or proprietary to the client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the client.

NQ Aerovation Pty Ltd and its employee’s agree that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential Information which NQ Aerovation Pty Ltd has obtained, except as authorised by the Buyer, NQ Aerovation Pty Ltd or as required by law. 

NQ Aerovation Pty Ltd policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

Indemnity

The Buyer indemnifies and shall keep indemnified NQ Aerovation Pty Ltd and NQ Aerovation Pty Ltd’ employees, agents and contractors against any damage, loss, cost, expense, liability or demand incurred by all or any of them to the extent that it arises from or is in any way connected with or related to these terms and conditions. This indemnity includes, without limitation, the client indemnifying NQ Aerovation Pty Ltd for any claim the Buyer might bring against NQ Aerovation Pty Ltd pursuant to the Australian Consumer Law or similar legislation. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party.

Goods Suitability Disclaimer

NQ Aerovation Pty Ltd explicitly disclaims any representation regarding the suitability of any Goods for a specific purpose. The Buyer bears the responsibility to thoroughly inspect all Goods to ensure compliance with relevant standards and regulatory requirements before any utilization or application. The Buyer agrees to employ and apply the Goods in alignment with such standards and regulations, adhering to all manufacturers’ recommendations, directions, and sound commercial practices.

General 

NQ Aerovation Pty Ltd reserves the right to amend these Terms and Conditions at its discretion. Any amendment will come into effect from the moment it is visible on the Website. The Terms and Conditions applicable at the time of placing your Order are the ones that will govern your Order.

Should any provision in this agreement be deemed invalid or unenforceable in a particular jurisdiction, efforts will be made to interpret and modify it for the purpose of that jurisdiction to make it valid and enforceable. If modification is not possible, the provision will be severed to the extent of its invalidity or unenforceability, without affecting the remaining provisions of this agreement or the validity and enforceability of that provision in any other jurisdiction.

These Terms and Conditions are governed by the laws of Queensland, Australia.