Flytrex Warranty : Policies and Procedures
This warranty gives you specific legal rights, and you may have additional rights under the applicable law of your jurisdiction. Such rights may vary from country to country. Except as set forth below, the warranty described here does not exclude or limit any other rights you may have under applicable law.
IMPORTANT: SAFETY REQUIREMENTS Take the time to familiarize yourself with applicable safety instructions provided by Flytrex and relevant laws and regulations before using any Flytrex product.
Flytrex products must always be used in compliance with Flytrex’ instructions, including all directions and instructions in the “Safety Guidelines and Disclaimer” document included with the product, as well as applicable law and regulations. Failure to take appropriate safety measures when using the Flytrex products can result in severe bodily injury or property damage. Applicable law and regulations are often intended to reduce the risk of injury to you and third parties. Failure to understand and comply with such laws and regulations can result in severe bodily injury either to you or to third parties or in serious property damage. Flytrex has no responsibility or liability for any injuries or property damage caused by the failure to observe Flytrex guidelines or proper safety precautions or comply with applicable law.
WARRANTY AND WARRANTY PROCEDURES
Flytrex Aviation Ltd. (“Flytrex”) warrants Flytrex “Sky” or Flytrex “Live” products and the applicable parts therein (each, a “Product”), to the original purchaser of such Products, against defects in materials and workmanship when used normally in accordance with Flytrex instructions for the warranty period set forth in Schedule A below. Flytrex “instructions” include all instructions contained in the packaging of any Products, any user manuals, and any communications from Flytrex support.
This warranty does not apply to: (a) cosmetic damage, including but not limited to scratches and dents; and (b) defects caused by normal wear and tear or otherwise due to the normal aging of the Product. IMPORTANT: DON’T HACK THE PRODUCT. Flytrex has no responsibility for any injuries or property damage once you have made any unauthorized modifications to the Product.
In addition, this warranty shall not apply if (a) the Product has been modified in any way by a party other than Flytrex, (b) the firmware or other software has been updated with unauthorized versions, (c) the Product is not used with the most fully up-to-date firmware and software updates made available by Flytrex, (d) the Product is operated in unsafe, illegal or dangerous environments, such as bad weather, an electromagnetic interference environment or a no-fly zone, (e) the Product has been operated or installed not in compliance with Flytrex’s instructions and guidelines, (f) the serial number of the Product has been removed or defaced, (g) the Product is used with faulty or incorrect equipment, such as a low or defective battery, an inappropriate battery charger, or with a load that is heavier than recommended, or (h) any viruses or other malware infect the Product as a result of your failure to take appropriate and standard cybersecurity measures.
If you believe that that warranty described here has not been satisfied, you should contact Flytrex by email to firstname.lastname@example.org. Your communications should clearly describe the applicable Product and breach of this warranty. Flytrex may request additional information, including video or audio demonstrations of the Product. Flytex may provide information to correct any defects in the Product via email or other communication method.
In the event Flytrex and you are not able to correct any defects or non-conformities, you and Flytrex shall coordinate the shipping of the Product to Flytrex’s location at your expense. You must provide Flytrex with a correct tracking number for such returned Product, and a valid proof-of-purchase or receipt.
If after return of the Product to Flytrex, Flytrex examines the Product and determines that you have submitted a valid warranty claim during the Warranty Period then Flytrex will, at its option and discretion, (i) repair the Product using new parts or used parts that are equivalent to new in performance and reliability, or (ii) replace the Product with a device that is at least functionally equivalent to the Product and is formed from new parts and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the Product for a refund of your purchase price. Flytrex reserves the right to provide any of the foregoing remedies prior to examination of the Product.
If after return of the Product to Flytrex, Flytrex examines the Product and reasonably determines that you have not submitted a valid warranty claim during the Warranty Period, Flytrex reserves the right to not return, repair or replace the Product nor to refund any of the purchase price. International
Warranty service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary by country. You may be responsible for shipping and handling charges if the Product cannot be serviced in your country. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Flytrex may repair or replace Products with comparable Products and parts that comply with local standards in your jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. FLYTREX DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS ON WARRANTIES DESCRIBED HEREIN, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU.
Limitation of Liability
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYTREX IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED. FLYTREX MAY NOT BE ABLE TO REPAIR OR REPLACE ANY PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Critical Applications
Products are not designed and intended for use in critical applications. As such, you should not use the Product in any situation where it is reasonably foreseeable that failure of the Product would lead to death, bodily injury or catastrophic property damage. General
No third party (including any Flytrex reseller or employee) is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, such term shall be construed as necessary to give it the maximum effect possible under applicable law, and the legality or enforceability of the remaining terms shall not be affected or impaired.
Questions? For more information about the warranty period and service, please contact a Flytrex representative at support[at]flytrex.com
� Schedule A: Warranty Period
This schedule details the applicable Warranty Period for the various Products made available by Flytrex.
|Remote Control||6 Months|
|Battery Charger||3 Months|
|Sky Frame||3 Months|
|Installation Kit||1 Month|