Terms & Conditions of Trading
These Terms and Conditions are incorporated into and are part of the accepted Quotation between Bluesky Geospatial Ltd. and customer/client identified in the Quotation.
Aerial Photography & LiDAR Acquisition
Aerial photography & LiDAR will be acquired with sensors calibrated regularly by the manufacturer. Photography & LiDAR will be acquired in accordance with generally accepted photogrammetric practices, and data will be processed and handled in accordance with the manufacturer’s recommendations.
Imagery & LiDAR Capture Timeframe
Acquisition will be performed within the agreed-upon timeframe, with the understanding that circumstances beyond Bluesky’s control may prevent full capture of a flight area in the planned window. Such circumstances include, but are not limited to: Inclement weather (to include snow, clouds, high winds, rain, fog), air traffic restrictions, or aircraft or sensor malfunction. In the event that partial acquisition is completed, the data will be provided to the Client and a prorated fee will be invoiced for the amount completed.
Ground control surveying, if required, will be performed by the Client unless the fees for such services are specifically included in Bluesky’s proposal.
Ground control surveys will be made as directed by Bluesky Geospatial, Ltd. and the surveyor shall be responsible for the accuracy of all control data. The reliability of the resultant mapping will be governed by the accuracy of the control data supplied.
If, in the process of aerotriangulation or other photogrammetric procedures, errors or inaccuracies in the surveyor’s control are determined, the surveyor will be advised at the earliest opportunity and they shall be responsible for correcting same at their expense.
Mapping is to be compiled using accepted photogrammetric techniques at the stated scale and contour interval specified in the Quote Form. The mapping will show all natural and cultural detail that can be positively interpreted from the original photography, and are appropriate for delineation at the specified map scale.
Topographic and Planimetric Mapping Accuracy
Unless specifically stated, all topographic and planimetric mapping products shall meet the accuracy specifications defined by National Map Accuracy Standards, as described below. (Reference:https://pubs.usgs.gov/fs/1999/0171/report.pdf)
The horizontal accuracy of the finished mapping will be such that ninety percent (90%) of all well defined planimetric features will be plotted to within .025″ of their true coordinate positions, when plotted on paper at the specified final map scale (At 1”=20’ scale, a ground unit value of .5’, at 1”=40’ scale a real unit value of 1’). No such well-defined features will be in error by more than .05″. (At 1”=20’ scale, a ground unit value of 1’, at 1”=40’ scale a ground unit value of 2’).
Relief will be shown by solid line contours except in areas where ground visibility is obscured. In those areas where the visibility is such that accuracy of contouring can be guaranteed within one full contour interval, such contouring outlined with a polygon indicating reduced accuracy. In areas completely obscured, contouring will be left blank and every effort will be made to show spot elevations as visibility allows.
The vertical accuracy will be such that ninety percent (90%) of all contours not enclosed by a reduced accuracy polygon will be correct to within one half of the contour interval, and the remaining ten percent (10%) will not be in error by more than one full contour interval. Ninety percent (90%) of all spot elevations will be correct to within one quarter of the contour interval and none will be in error by more than one half of the contour interval.
The accuracy of contouring surrounded by the “reduced accuracy polygon” will be one-half that of solid contours, i.e. ninety percent (90%) will be within one full contour interval.
The standards of accuracy set forth above will not apply if any document, including photographs, digital mapping file, or any other data provided by Bluesky Geospatial, Ltd. is in any way altered, modified or enlarged without the written authorization of Bluesky Geospatial, Ltd.
LiDAR accuracy will vary between project requirements and site conditions. LiDAR accuracies will be as specified in the Quotation.
Where a specified Quality Level as defined by the USGS LiDAR Base Specifications is required, the data will meet or exceed the specifications in the below table. (Reference: https://www.usgs.gov/3d-elevation-program/topographic-data-quality-levels-qls)
Digital Mapping Files
Bluesky Geospatial, Ltd. will make a good faith attempt to deliver the required digital mapping file(s) with the symbology, linetyping, etc. as requested by the client. In the case that a client’s CAD library does not have an equivalent layer or symbol, Bluesky shall use our clearly named default.
Field Completion Surveys
It is likely that some cultural and/or topographic features, or portions thereof, will be obscured from view due to dense vegetation, deep shadows, lean of buildings or trees, etc. Field completion surveys, to add specified planimetric and topographic features that were obscured or not visible in the photography, are not a part of this contract.
It is the Client’s responsibility to verify the accuracy of the finished mapping prior to its use for design or construction purposes.
Prompt written notice shall be given by the Client to Bluesky Geospatial, Ltd. if the Client becomes aware that services provided by Bluesky Geospatial, Ltd. do not conform to professional standards or that any mapping documents do not meet the specifications called for in these terms. To allow Bluesky Geospatial, Ltd. the opportunity to cure such non-conformance, such notice shall be given within seven calendar days of discovery.
Balances are to be paid within 30 days of invoice, unless superseded by Master Services Agreement, Subconsultant Agreement or other arrangement as specified on the Quotation.
A conditional license is granted to use the data for 30 days from delivery until payment is received, according to the terms, after which the intellectual property becomes that of Bluesky Geospatial Ltd.
In the event that payment is not made by the above schedule the client agrees to pay an interest charge of one and one-half percent per month (or the maximum amount permitted by applicable law, whichever is less) on the balance due, computed from the date of delivery. One and one-half percent per month is the equivalent of an annual percentage rate of eighteen percent.
In the event that any payment is not made when due under this contract and is referred by Bluesky Geospatial, Ltd. to an attorney for collection, the client agrees to pay all costs of collection including court costs, sheriff’s fees and reasonable legal fees.
The total cumulative liability of Bluesky Geospatial, Ltd., with respect to the services rendered under this contract, shall not exceed one hundred percent (100%) of the gross compensation due Bluesky Geospatial, Ltd. under this contract. Under no circumstances shall Bluesky Geospatial, Ltd. be liable for lost profits, damage to good will or any other special, consequential or indirect damages.
Bluesky reserves the right to terminate the agreement in the event customer fails to pay as required or for failure of the customer to timely cooperate.
In the event of termination, Customer shall be liable to Bluesky for all costs and expenses to the date of termination, including reasonable overhead.
Except as set forth in the Quotation, Bluesky makes no representation or warranty that any work or product is fit for any particular purpose.
These Terms and Conditions and Quotation:
- supersede all prior agreements or undertakings, written or oral, and sets forth all rights, obligations and liabilities of the parties with respect to the subject hereof and may be amended only in writing and agreed by Bluesky;
- may not be assigned by customer and any such assignment is void;
- shall be governed by and construed in accordance with the substantive law of the Commonwealth of Massachusetts, without giving effect to the conflicts or choice of law provisions of Massachusetts or any other jurisdiction, and shall have the effect of a sealed instrument; and,
- shall be construed without regard to any presumption or other rule requiring construction against the party drafting or causing them to be drafted