Dear Valued Client,
Swish Projects has been established to service the needs of sport pilots as the Australian Distributor for recreational aircraft hobbyists. We make available aircraft designs, kits, engines and parts for educational purposes. The Director and Staff will always do our best to bring you a great customer experience. We are not a Law Firm – we are a hard working little Australian company that is committed to helping you achieve your dreams of flight. I hope you find this agreement easy to understand – but please call me if you would like more information.
We cannot control the entire supply line
Sometimes things run into snags for reasons beyond our control. Most of them are natural events like earthquakes, pandemics, tornadoes, floods, and fires – but some are also man-made, such as labour strikes, civil unrest, transportation snafus, etc. (and that’s just 2020).
Even when things are outside our control go wrong, Swish Projects will already be working to get the problem resolved as best we can. If problems during your order occur then blame must be assigned to the cause and your patience may be needed for us to work together and solve the issue. We earnestly hope that you won’t run into any problems (most of our customers don’t), but we are obligated to let you know the extent of our protecting your interest that is within our power to provide. Swish Projects will promise you this: Excellent communication. Your correspondence will always be answered very quickly. Phone or e-mail preferred. Other Social Media formats are not reliably monitored. If there is a problem – you will be kept informed and your calls will be answered. We will work together to get it sorted. That’s a promise.
Please read the following carefully, because if conditions listed below are not acceptable to you, then you should not place this order. Your ticking of the on-line box is acknowledgement that you have read, understand, and agree to these terms, conditions and requirements. Thank you for your goodwill and confidence in Swish Projects (hereby referred to as the Seller or Company) and our trusted suppliers.
- No orders are accepted by Swish Projects unless accompanied by a payment of the nominated deposit (on Kits) or for the full order value (for plans, parts, engines, or Firewall Forward kits) AND unless accompanied with this signed Conditions of Sale and Warning Notice or online acknowledgement (by actioning the check box at checkout).
- Where applicable, this contract permits the buyer to build one airplane or part of it in the Custom-Built, Homebuilt, Experimental, Ultralight, etc. category. The type of aircraft and the Drawings serial number must be visibly marked on the vertical tail or fuselage sides of the aircraft. The buyer is advised that the Drawings, Manuals, and/or parts contain proprietary rights. The buyer covenants and agrees that he will not: a) Reproduce, b) Communicate, c) Transfer, sell, exchange or modify them or any part of them, d)Permit any other person to use said drawings, manual, and/or parts, without the written permission of the Company. The sole purpose of the plans, drawings, manuals, and parts is strictly educational and there is no implied or expressed warranty. During the construction the buyer is to cause the structure and installations to be inspected and approved by the relevant government and/or aviation authority. The Buyer agrees to notify the Company in writing immediately of the sale of any Drawings and Manuals, parts, components, or kit, whether completed or not, supplying the complete name and address of the new owner(s).
- The Company will not be held responsible for any delays in deliveries due to delays of carriers, fires, and other Acts of God, or other causes for delay beyond its control.
- Claims for defective materials or missing parts will be allowed only when such claims are made within thirty (30) days from the date of delivery. No goods may be returned unless previously authorized by the Company. (Inspect your order for missing or damaged parts immediately upon receipt).
- Any completed or delivered order not picked-up, not paid in full, or accepted by the buyer for more than thirty days shall be forfeited. Drawings and Manuals, or other printed materials, may not be returned for credit or refund. Also, in no event will Seller accept goods for return for any reason after thirty days (30) from the date of shipment, or assembly, installation, construction, or modification of any product, whichever occurs first.
- Unless otherwise specified, the buyer agrees to pay in full for, and take delivery of, the merchandise in not more than two weeks after receiving notification that it is ready for shipment. Storage rental shall be charged beyond that time. Swish Projects will collect any applicable AUSTRALIAN GST on the order, but it is the sole responsibility of the buyer to pay any additional applicable sales tax or usage tax, in whichever state(s), and all applicable shipping and shipping related charges. Generally, no other taxes are payable for Australian orders, but Governments change the rules on this all the time. If a random Duty or Levy is placed by any Government (USA or Australian) – then there’s not much we can do about it. For Australian clients, at time of writing (August 2020), there are no additional taxes that need to be paid. For everyone else, I don’t collect any taxes on your behalf. When your kit arrives in New Zealand (for example), then a brokerage agent or your freight company will call you and advise how much GST and other taxes you need to pay before you can collect your kit.
- All orders not delivered for lack of shipping instructions, payments, or any other delays caused by the buyer for longer than thirty days shall be considered forfeited and void, and the Company will have the right to scrap or dispose of the merchandise at its discretion and retain the full deposit.
- All prices are based upon the information supplied to Swish by the Factory or Supplier and are subject to change without notice. Factors such as Government charges, changes in the exchange rate and even the supplier changing their prices without telling Swish Projects (this has happened before) can lead to changes in the actual price that you will pay. It is very rare, the difference in price is usually small and Swish Projects does not always exercise their right under this agreement to pass on the increase. REALLY IMPORTANT: Delivery to the Carrier shall constitute the delivery to the buyer, and the responsibility for the goods in transit shall be the Carrier’s and the buyers. Basically, the Supplier (Zenith for example), is only responsible for the goods until such time as the freight agent has signed for them. Every order through Swish Projects is Insured until such time as you or your Agent accepts the goods, provided Swish Projects’ Carrier of choice is used for the conveyance. Any excess payable for a claim on any lost or damaged goods is payable by the client at-cost. A Bill of Lading (or Way-Bill) shall be sufficient evidence and proof of the date of shipment. Claims of damage in transit shall be made to the Carrier and not the Company. NOTICE: If any container or crate shows the slightest damage on delivery, it should be opened and inspected before acceptance from the Carrier, and a statement of damage made immediately. Insurance of goods in transit is the responsibility of the buyer (and is provided by Swish Projects on the Buyer’s behalf), and the Company will not pay for goods damaged in transit, nor for shipping charges to and from the factory of returned shipments, damaged, or replacement parts. Any excess payable for a claim made under Swish Projects’ Policy shall be payable by the Buyer.
- This contract shall be governed by and construed in accordance with the laws Australia, and is the only contract controlling this sale and purchase, and it contains all the agreements, expressed or implied, either verbal or in writing, made between the Company and the buyer. If any provisions of this contract shall be held to be invalid, the remaining provisions shall continue to be valid. Any legal proceeding relating to or concerning this contract and/or use and purchase of goods herein described shall be filed in the Court closest to Bacchus Marsh, Victoria, Australia.
- Custom-built aircraft are licensed by the government to fly in the applicable “Experimental,” “Amateur-Built” or “Ultralight,” etc. category. Each aircraft is treated legally by the governing authority as a “one-of-a-kind” in design and construction, and is liable to be unpredictable, hazardous, and even potentially lethal. Therefore, construction and operation of such aircraft may be unsafe without acquiring, studying and complying to the letter of all instructions and manuals pertaining thereto. The Seller does not warrant that the aircraft as constructed by the buyer, or any other person, will be airworthy, or will qualify for certification or registration by aviation authorities, or will meet the requirement of the buyer. Notwithstanding the forgoing, seller may provide from time to time, but is not required to provide, technical assistance during the assembly, installation and construction process. However, buyer and seller specifically agree that responsibility for building the aircraft or its parts shall rest solely with the buyer and that no liability shall arise from or extend from any technical assistance provided by seller. Put simply, Swish Projects has built a CH750STOL, so can help a bit on that model, but not really any of the other Zenit aircraft. Likewise, we are in the early stages of the Aventura II build – so until that one is finished we are not the best help on some issues there either. Swish Projects is a Distributor – we have no in-house expertise what will allow us to advise you on the appropriateness of any solution or innovation. Our trusted suppliers are the best people to help you with some of these questions. If you are not having any luck, then of course we will help you get the satisfaction you are after. Purchaser acknowledges that the assembly and construction of the product requires certain technical experience and skill. Further seller and purchaser specifically agree that the seller cannot and does not warrant the ability of any individual, including purchaser, to properly assemble, construct and maintain an aircraft kit of the kind sold by seller. In exchange for such technical assistance, purchaser and seller specifically agree that purchaser shall hold harmless seller from any and all liability which may arise from any technical advice provided by seller, seller’s employee, or seller’s agent.
- EXCLUSIONS OF WARRANTIES, NO WARRANTIES. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO THE GOODS SOLD, THE CONSTRUCTION OF THE GOODS, THE PLANS & MANUALS, THE GOODS WORKMANSHIP, THE SAFETY OF THE GOODS DESIGN OR ANY OF THE GOODS COMPONENTS.
- In recognition of the above, and because they cannot control nor assure quality and accuracy of compliance with their instructions during and after construction of such aircraft, the Seller and/or Owner (and their agents, servants, employees, contractors, successors and assigns) hereby give notice to the Buyers and/or Operators (and their heirs, administrators and assigns) of this aircraft, that they carry no liability insurance. You are buying components for an application that you have determined for yourself are fit for purpose. How the components are integrated, operated and maintained is outside of Swish Projects’ control. EXPERIMENTAL Category aircraft are expressly operated outside of the normal quality standards of other certifications. The Buyer assumes all risk in the use of the Seller’s supplied products.
- BY SIGNING THIS DOCUMENT, AND BY PROCEEDING WITH THIS ORDER, THE BUYER ATTESTS THAT HE HAS THE FULL AUTHORITY AND CAPACITY TO SIGN AND VALIDATE THIS DOCUMENT. THE BUYER(S) AND/OR OPERATOR(S), AS DEFINED ABOVE, ACKNOWLEDGE THE RECEIPT AND UNDERSTANDING OF THIS WARNING NOTICE AND SO SIGNIFY, BY THEIR DECISION TO GO AHEAD WITH PURCHASING, ACCEPTING AND OPERATING THIS AIRCRAFT, OR ANY OF ITS PARTS, AND AGREE TO HOLD THE SELLER AND/OR OWNER, AS DEFINED ABOVE, HARMLESS FROM ALL LIABILITY AND FROM ANY CLAIMS OF DAMAGES AND CAUSES OF ACTION WHICH MAY BE INCURRED BY THEM OR ANY THIRD PARTY AS A RESULT OF THE PURCHASE, USE, CONSTRUCTION, AND OPERATION OF THIS AIRCRAFT, ITS PLANS, PARTS AND COMPONENTS. BUYER AND/OR OPERATOR HEREBY ASSUME ALL RISK, LIABILITY AND RESPONSIBILITY RELATIVE TO THE CONSTRUCTION AND OPERATION OF THE AIRCRAFT.