DCUAV PTY LTD – TERMS AND CONDITIONS OF AERIAL APPLICATION SERVICES

(VIC & NSW COMPLIANT)

1. DEFINITIONS AND INTERPRETATION

• "Company" means DCUAV Pty Ltd (ABN 98 688 993 679), its licensed remote pilots, employees, and authorized subcontractors.

• "Client" means the person, business, farm manager, or entity requesting, purchasing, or receiving the aerial application services.

• "Services" means the precision unmanned aerial vehicle (UAV/drone) application of agricultural chemicals, fertilizers, seeds, or other products requested by the Client.

• "Chemical Product" means any herbicide, insecticide, fungicide, pesticide, adjuvant, surfactant, or plant growth regulator applied during the Services.

• "Applicable Legislation" means the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (VIC), the Pesticides Act 1999 (NSW), the Pesticides Regulation 2017 (NSW), and all relevant Civil Aviation Safety Authority (CASA) regulations.

2. CHEMICAL SELECTION, AGRONOMIC RECOMMENDATION & RE-ENTRY

• Client Prescription: The Company operates strictly as an aerial application provider. The choice of Chemical Product, application rate per hectare, tank-mix ratios, and targeted fields are determined solely by the Client or the Client’s independent agronomist.

• No Agronomic Advice: Any discussions, baseline operational estimates, or observations made by the Company’s staff do not constitute professional agronomic advice. The Client assumes full responsibility for ensuring the selected Chemical Product is suitable for their crop, soil, growth stage, and specific target pest or weed.

• Withholding Periods (WHP) & Re-entry: The Client acknowledges that they have sole responsibility for managing stock, harvest withholding periods, and human re-entry intervals following the application. The Company accepts no liability for livestock contamination or crop rejection due to a failure by the Client to adhere to label-specified withholding restrictions.

3. STATUTORY COMPLIANCE & STATE-SPECIFIC OFF-LABEL USE

• Label Restrictions: The Company will execute all flights in strict accordance with the mandatory instructions detailed on the Australian Pesticides and Veterinary Medicines Authority (APVMA) registered label of the Chemical Product.

• Victoria (VIC) Compliance: Under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (VIC), any off-label use requested by the Client must strictly constitute a "legal off-label use" under Victorian law or be accompanied by a valid APVMA permit.

• New South Wales (NSW) Compliance: Under the Pesticides Act 1999 (NSW), it is an offence to use a pesticide in a manner that breaches the label core text unless explicitly authorized by an APVMA permit. The Client must provide a copy of any such permit to the Company prior to application.

• Indemnity for Client Instructions: The Client indemnifies the Company against any fines, regulatory notices, crop damage, or third-party legal actions resulting from off-label applications requested by the Client that breach VIC or NSW state statutory frameworks.

4. NO GUARANTEE OF EFFICACY OR RESULTS

• Efficacy Variables: The Client acknowledges that the biological efficacy of agricultural chemical applications depends on numerous variables completely outside the Company’s control. These include, but are not limited to: pre-existing plant stress, target weed/pest resistance, local weather patterns following application, and water quality (pH, turbidity, and hardness) if supplied on-site.

• No Warranty of Kill Rate: The Company guarantees the precise spatial delivery, target location targeting, and hardware calibration of the chemical mix as requested, but does not guarantee a specific biological result, weed kill rate, pest eradication, or crop yield outcome. No refunds, credits, or free re-sprays will be issued based on perceived chemical underperformance.

5. WEATHER DEPENDENCY AND PILOT AUTHORITY

• Pilot in Command (PIC): The Company’s Pilot in Command retains absolute, statutory, and final authority over whether a flight can safely commence, continue, or must be aborted.

• Weather Interruptions: Operations will immediately cease if meteorological conditions breach product label requirements or safe aviation limits. This includes, but is not limited to: wind speeds outside legal brackets (typically under 3 km/h or over 15 km/h for phenoxies), high temperatures causing excessive droplet evaporation, rainfall, or the presence of a Surface Temperature Inversion.

• Rescheduling: If a job is halted or postponed due to weather or regulatory constraints, the Company will work with the Client to reschedule the application at the earliest safe operational window. The Company is not liable for any financial losses, crop damage, or weed proliferation caused by weather-related delays.

6. SITE CONDITIONS, HAZARDS AND PROPERTY BOUNDARIES

• Hazard Disclosure: The Client must accurately declare all known hazards within and bordering the target fields on the intake form. This includes powerlines, single-wire earth return (SWER) lines, guy wires, communication towers, internal fences, and hidden water infrastructure. The Company accepts no liability for damage to undisclosed property or infrastructure.

• Mapping and Sensitive Buffers: The Company will implement digital boundaries and safety buffers around known hazards, adjacent public roads, and neighboring non-target properties.

• Livestock and Personnel: The Client must ensure that all livestock, domestic animals, and unauthorized personnel are completely cleared from the target fields and adjacent drift buffer zones prior to the arrival of the Company.

7. CHEMICAL AND WATER SUPPLY

• Client-Supplied Chemicals: Where the Client supplies the Chemical Product, they guarantee that the product is authentic, unadulterated, within its expiry date, and safely stored in its original container with an intact, readable label. The Client must provide the corresponding Safety Data Sheet (SDS) upon request.

• Water Quality: If the Client provides the water source for mixing (dams, bores, or tanks), the Company is not responsible for any reduced chemical performance or equipment blockages caused by water turbidity (silt/mud), high mineral hardness, or extreme pH levels.

8. SPRAY DRIFT, RECORD KEEPING & LIMITATION OF LIABILITY

• Spray Drift Liability: Provided the Company operates within legal wind brackets and label instructions, the Client assumes the inherent environmental risks associated with agricultural spraying. The Client indemnifies the Company against claims for off-target drift damage to adjacent crops, pastures, organic properties, or livestock unless caused by gross negligence or willful misconduct by the Company.

• Statutory Record Keeping: The Company will maintain accurate operational records of the chemical application as required under VIC and NSW state regulations. These records are for regulatory compliance and remain the intellectual property of the Company, though a summary application report can be provided to the Client upon request.

• Maximum Liability Limitation: To the maximum extent permitted by law (including the Australian Consumer Law), the total cumulative liability of the Company for any breach of contract, negligence, or financial loss arising out of the Services shall be strictly limited to a refund of the total fees paid by the Client to the Company for that specific application job. The Company shall under no circumstances be liable for consequential, indirect, or speculative losses, including loss of anticipated crop profit, contract penalties, or future yield.

9. JURISDICTION

• These terms are governed by and construed in accordance with the laws of the State of Victoria and the State of New South Wales, and any disputes arising out of the services shall be determined exclusively within the courts of those States.