1. Disclaimer of Liability

Construction Dilapidations shall not be held liable for any failure of report images to identify or notify any issues in the area(s) or section(s) of the subject area, including inaccessible areas or areas where access for inspection has been denied. This applies to any sections specified in the report.

The Client agrees to inform any affected business or residents and secure any necessary approvals before mobilizing to the site. A letter drop may be required to notify residents and businesses in the vicinity. The Client further agrees to cooperate with Construction Dilapidations personnel in obtaining the required imagery and notifications.

2. Pre/Post-Construction Condition Report

A Pre/Post-Construction Condition Report serves solely as a reference baseline to capture the existing condition of the subject area before and after construction. The report does not include statements or advice regarding compliance, defects, or the integrity of the area. It is not a comprehensive assessment of all aspects of the subject area but a reasonable effort to identify obvious or significant damage/defects observed during the inspection. The report is not a certificate of compliance with any laws, regulations, ordinances, or by-laws, and is not a structural or engineering report. For structural advice, the Client should consult a chartered engineer. Inspections are limited to visible and accessible areas on the date of the inspection and are based on a visual inspection only.

3. Liability Cap

(a) Notwithstanding any other clause in this offer/subcontract, the Subcontractor’s total liability to the Contractor under or connected to this offer/subcontract, regardless of the legal basis (contract, indemnity, tort, negligence, statute, debt, warranty, or otherwise), shall be limited to the total sum of payments received by the Subcontractor under this offer/subcontract.

(b) The Subcontractor will not be liable for:

(i) Any consequential, special, indirect, or remote loss, damage, liability, cost, or expense; (ii) Any loss of income or profit, revenue loss, operating costs, increases in business costs, loss of use, business interruption, or loss of opportunity, regardless of the legal basis.

4. Exclusion of Implied Terms

To the extent permitted by law, all warranties, terms, or conditions not expressly stated in this offer/subcontract are excluded, including but not limited to implied warranties of merchantability, suitability, or fitness for a particular purpose.

5. Imagery Services

Imagery services are priced based on the time spent both on and off-site and processing time, which includes travel time, setup, planning, drone operation, imagery acquisition, processing, and digital file transfer. If required, consultations may incur additional charges. The operator is not responsible for any failure to capture imagery due to the Client’s failure to provide reasonable assistance or approvals. The Client acknowledges that work is performed on a best-efforts basis.

The operator may request changes to the operations if it is determined that continued operations could endanger safety, violate laws, or breach privacy regulations.

6. Copyright

The author of the imagery grants the Client unlimited but non-exclusive rights to use and reproduce the imagery. Construction Dilapidations retains the copyright to all material. Digital files can be provided to the Client’s supplied storage device immediately after the work is completed. The Client has full rights to reproduce and use the photographs but cannot publicly display or use them in advertisements until the final invoice has been paid in full.

7. Imagery Capture

The operator will make reasonable efforts to capture imagery as requested, subject to sufficient time, safety, and risk assessments. The operator may refuse to perform unsafe or unlawful operations.

8. Weather Conditions

If weather conditions are deemed unsafe for drone operation on the scheduled day, the work will be rescheduled at no additional cost. A minimum of 24 hours' written notice is required for cancellation.

9. Additional Charges

Hourly rates and stand-down charges of $250/hour may apply in addition to the quoted sum. Work is typically conducted between 6:30 AM and 5:30 PM unless otherwise agreed. Construction Dilapidations personnel will not enter confined spaces or move/remove obstacles to obtain imagery. Access / inspection of internals to culverts/drainage structures is not including within this scope of works.

10. Poor Weather Conditions

The operator may request rescheduling if weather conditions are deemed unsafe, including high winds, rain, hail, fog, poor lighting, or thunderstorms. Cancellation due to poor weather is solely at the operator’s discretion.

11. Client Permissions

The Client must provide all necessary permissions to access and conduct the survey activities, including drone operations. The Client must understand and agree to these Terms and Conditions before accepting any quotations. Construction Dilapidations may require community consultation (e.g., letter box drops, door knocking, or radio/TV announcements) prior to commencing the inspection.

12. Acceptance of Terms

By signing the quotation, issuing a Client Order Number, or accepting this quotation in writing, the Client agrees to pay Construction Dilapidations the quoted amounts for the services within the specified period and to comply with these Terms and Conditions.