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1. BACKGROUND 1.1. The AIS Provider is responsible for the publication and distribution of the AIP New Zealand and associated documents on behalf of the New Zealand Civil Aviation Authority (CAA). These terms of service set out the contractual terms and conditions upon which the AIP and associated documents are provided to the Customer. 2. INTERPRETATION 2.1. In these contract terms, unless the context otherwise requires: (a) AIP means New Zealand Aeronautical Information Publication and, where the context permits, includes associated AIS publications.
(b) AIP Shop means Aeropaths' online shop at www.aipshop.co.nz.
(c) AIS Provider means the Aeronautical Information Services Provider appointed by the CAA from time to time, currently being Aeropath Ltd and/or its effective successors, assigns or novatees.
(d) CAA means the Civil Aviation Authority of New Zealand.
(e) Customer means a person purchasing Goods from the AIS Provider.
(f) Goods means any of the products available for purchase on the AIP Shop.
(g) Special Drawing Rights refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into New Zealand currency shall, in the case of judicial proceedings, be made according to the value of New Zealand currency in terms of the Special Drawing Right at the date of judgment.
3. SALE AND PURCHASE OF GOODS 3.1. The Goods must be paid for at time of purchase and will only be delivered subject to successful payment by the Customer to the AIS Provider. 3.2. Following payment by the Customer, the AIS Provider will dispatch the Goods for delivery. Please allow 10 working days for arrival of the Goods. The AIS Provider is not responsible for any delay in delivery of the Goods due to circumstances beyond its reasonable control. 3.3. The AIS Provider reserves the right to refuse any order placed by the Customer. 4. ACCURACY OF INFORMATION 4.1. The information contained in the AIP is collated from a variety of sources and is considered to be as reliable as possible at the time of publication. Although great care is taken in compiling this information, neither the AIS Provider or CAA will be responsible for the accuracy of the information contained in the AIP (inauseuding but not limited to any errors or omissions, the adequacy of the information or the notification of Amendments or Supplements to the AIP). 5. CONDITIONS OF USE OF AIPNZ 5.1. The Customer agrees to use the AIP in a manner consistent with all applicable laws and regulations and safe and prudent navigation practices. 5.2. The Customer may not extract, copy, reproduce, modify, adapt, distort or vary the AIP by any means or in any form. Any unauthorised use of the AIP is a violation of crown copyright and is prohibited. 6. LIMITATION AND EXCLUSION OF LIABILITY 6.1. The AIS Provider shall have no liability for loss, damage or delay (including consequential, financial or economic loss, and claims for indemnity or contribution) suffered or incurred by a Customer, whether such liability arises in contract or in tort or in any way howsoever, in respect of or arising out of or in any way connected with the provision of the Goods except as follows: (a) In the case of claims for loss or damage to the hull of any aircraft, the liability of the AIS Provider (if any) shall be limited to the direct cost of repair or replacement up to the insured value of such aircraft.
(b) In the case of claims arising from the death of or injury to any person the liability of the AIS Provider (if any) shall be limited to the equivalent of 113,100 Special Drawing Rights per person.
(c) In the case of claims in respect of loss of or damage to passengers’ baggage the liability of the AIS Provider (if any) shall be limited to 1131 Special Drawing Rights for each passenger.
(d) In the case of claims in respect of loss of or damage to cargo the liability of the AIS Provider (if any) shall be limited to 19 Special Drawing Rights per kg of cargo.
6.2. The sums mentioned in this clause are subject to abatement in accordance with the AIS Provider’s proportion of responsibility (if any) for the event giving rise to the claim. 6.3. Nothing in this clause shall be construed as any indication or acceptance by the AIS Provider of any liability in any respect for any amount. 6.4. In respect of any third party claim, action, demand or proceeding against the AIS Provider the Customer undertakes and agrees to indemnify the AIS Provider to the extent that such claim, action, demand or proceeding arises out of any wrongful act, neglect or default of the Customer. 6.5. The Customer acknowledges and agrees that the limitations of liability set out in this clause 6 are extended for the benefit of the AIS Provider Ltd and the Civil Aviation Authority, and are intended to be enforceable by both these parties jointly and severally. 7. GENERAL 7.1. The AIS Provider may alter or vary these contract terms at any time. 7.2. These contract terms constitute the entire agreement between the Customer and the AIS Provider in relation to the sale and purchase of the Goods. 7.3. These contract terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand. 7.4. The AIS Provider is will not have any liability or responsibility for any third-party links contained on this site, or any materials, products, or services of third-parties.
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