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Warranty

Exclusions, limitations of liability and other terms of the warranty

1. The terms and conditions of the product’s warranty, exclusion, and imitation of FIXAR liability provided herein are subject to the complete set of terms and conditions of the warranty listed on FIXAR website. Where a discrepancy or conflicting provisions exist, the provisions listed on the website shall prevail.

2. By purchasing and using FIXAR products, the client/purchaser hereby unconditionally accepts the terms and conditions of this Limited Warranty.

3. This Limited Warranty applies only to products produced by or for FIXAR AERO LLC (“FIXAR”) that can be identified by the “FIXAR” trademark or logo, which were sold to the client by FIXAR or one of its authorized dealers. This Limited Warranty does not apply to FIXAR products purchased from any source other than FIXAR or its authorized dealers, any products of another producer either attached to FIXAR products or used to modify existing FIXAR products. This Limited Warranty applies only within the territory and jurisdiction where the sale of the product took place.

4. Where manufacturers or suppliers of auxiliary equipment or additional products provide their own warranty, the client shall deal with such manufacturers directly and FIXAR shall have no responsibility with regards to such warranty and the manufacturer’s conduct.

5. Manufacturers or suppliers, other than FIXAR, may provide their own warranties to the end user purchaser, but FIXAR, in so far as permitted by law, provides their products “as is”. Software distributed by FIXAR with or without the FIXAR brand name (including, but not limited to system software) is not covered under this Limited Warranty.

6. FIXAR does not warrant that the operation of the product will be uninterrupted or error-free. FIXAR is not responsible for damage to property, physical injury or death arising from failure to follow instructions relating to the product’s use.

7. FIXAR warrants its Products against defects in materials and workmanship under normal use for a period of 1 (one) year from the date of purchase or 100 flight hours, whichever comes first by the original end-user purchaser (“Warranty Period”). Any warranty claim must be submitted with FIXAR or its authorized dealer before the expiry of the Warranty Period. If a Product’s defect arises and a valid claim is received within the Warranty Period, the Seller will, at its option, either (1) repair the Product’s defect at no charge, using new or refurbished replacement parts, or (2) exchange the Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product.

8. Warranty Period can be extended for an additional 1 (one) year period for an extra fee in the amount of 800,00 USD (or equivalent) for each product produced and sold by FIXAR.

9. FIXAR may request that the Buyer replace user-installable defective parts with new or refurbished parts that FIXAR provides in fulfilment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by FIXAR, shall be subject to the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage. When a product or part is exchanged, any replacement item becomes property of the Buyer and the replaced item becomes property of FIXAR. Parts provided by FIXAR in fulfilment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to FIXAR and becomes FIXAR’s property.

10. This Limited Warranty shall be in effect only if the product is operated by a trained person that had successfully passed FIXAR xGroundControl software courses and received a certificate from FIXAR. Any use of FIXAR products by unauthorized or untrained person shall result in this Limited Warranty being void.

11. Only a trained person can ask for after-sales support in case of any questions. If they have not passed the training course on Product software, the Seller is allowed to charge the Buyer for the additional time spent on their support.

12. This warranty does not apply: (a) to physical damage of the product caused by accident or falling of the product from height caused by incorrect operation of the product including but not limited to operation without sufficient or mission specific training; (b) if client/purchaser violated the conditions of transfer, storage and temperature regimes for FIXAR products and batteries outlined in the manuals on https://help.fixar.pro/; (c) to damage caused by use with non-FIXAR products; (d) to damage caused by abuse, misuse, flood, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses; (f) to damage caused by service (including upgrades and expansions) performed by anyone other than a representative of FIXAR or a FIXAR Authorized Service Provider; (g) to a product or part that has been modified to significantly alter functionality or capability without the written permission of FIXAR; (h) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (i) in case the Product is used in any manner other than in autonomous mode as indicated in the operating manuals and only with the FIXAR xGroundControl software for mission planning and drone control (for avoidance of a doubt, any manual operation of the Product using unauthorized remote controls will automatically void the warranty) or (j) if any FIXAR serial number has been removed or defaced.

13. To the extent permitted by law, this warranty and remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. To the extent permitted by law, FIXAR specifically disclaims any statutory or implied warranties, including, but not limited to, warranties of merchantability and warranties against hidden defects. If FIXAR cannot lawfully dis- claim statutory or directly expressed warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this particular warranty and to repair or replacement service as determined by FIXAR in its sole discretion. No FIXAR agent or employee is authorized to make any modification, extension or addition to this warranty.

14. Except as provided in this warranty and to the extent permitted by law, FIXAR is not responsible for direct, indirect, special, incidental or consequential damages, whether it was advised of such or not, resulting from the use of the product, or 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 opportunity, loss of business, loss of reputation, loss of, damage to or corruption of data, or any indirect loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with FIXAR products and any failure to maintain the confidentiality of data stored on the product. FIXAR disclaims any representation that it will be able to repair any product under this warranty or make a product exchange without risk to or loss of the programs or data. Without limiting the generality of the foregoing, in no event shall FIXAR be responsible for any direct, indirect or consequential damages to the end-user or any third party arising from various incidents and accidents resulting from operating FIXAR products (such as without limitation, fire damage caused by falling of FIXAR product).

15. FIXAR is not responsible for the results of data collection and data post-processing that were collected using FIXAR products and attached equipment and processed with any software of the buyer’s choice. All complaints and issues relating to the data collection and processing shall be resolved by the buyer with the equipment manufacturer or software developer directly.

16. The buyer is obliged to peruse the online help resources referred to in the documentation accompanying this hardware product before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact the FIXAR representatives or a FIXAR Authorized Service Provider using the information provided in the documentation. A FIXAR representative or FIXAR Authorized Service Provider will help determine whether your product requires service and, if it does, will inform you how FIXAR will provide it. FIXAR or FIXAR Authorized Service Providers will provide warranty service on products that are tendered or presented for service during the Warranty Period, as permitted by law. Service will be limited to the options available in the country where service is requested. Warranty service may be restricted to the country where the product is purchased, or the Buyer is obliged to cover shipping and handling charges. Service options, parts availability and response times will vary according to country. In accordance with applicable law, FIXAR may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.

17. For consumers who are covered by Consumer protection laws or regulations in their country of purchase or, if different, their country or residence, the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations. Some countries do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by country.

FIXAR-AERO LLC
Riga, Latvia, Skandu street 7, LV-1067
[email protected]
www.fixar.pro

Last update: September, 2022