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WARRANTY

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Last updated May 31st, 2021

 

Please note that the Warranty represents an integral part of the End User License Agreement (EULA) and General Terms & Conditions of Aero41.

 

LIMITED WARRANTY

 

These Aero41 Warranty Policies (these “Policies”) only apply to Aero41 products you purchased from Aero41 authorized retailers/agents for your own use and not for resale.

 

By using your Aero41 product, you agree to be bound by these Policies. If you are not eligible or do not agree to any of the Terms, do not use your Aero41 product.

 

Warranty duration

 

The warranty on your drone starts on the date of its delivery (as per hand-over form). The warranty lasts 24 months.

 

Warranty extension

 

Warranty extension, if available, can only be purchased once per equipment. Warranty extensions can be purchased only while the equipment is still under warranty. Aero41 retains the right to refuse an extended warranty for any reason.

 

What is covered?

 

Under this Limited Warranty, Aero41 warrants that each Aero41 product that you purchase will be free from material and workmanship defects under normal use in accordance with Aero41’s published product materials during the warranty period. Aero41’s published product materials include, but not limited to, OM, user manuals, safety guidelines, specifications, in-app notifications, and service communications (Safety Notices, etc.).

 

How to obtain warranty service?

 

If a product does not function as warranted during the warranty period, you may obtain after-sales service by contacting Aero41. You will need to provide a valid proof-of-purchase or receipt for the warranty service. Charges may apply for services not covered by this Limited Warranty. Please contact Aero41 for information specific to your location. Please note that the warranty service is only available in the respective Aero41 service regions where you purchased your Aero41 product.

 

What will Aero41 do?

 

Aero41 will attempt to diagnose and resolve your problem by telephone or e-mail. Aero41 may direct you to download and install particular software updates. If your problem cannot be resolved over telephone or through e-mail, you may be required to deliver the product to Aero41 for further examination. Aero41 will arrange for repair or replacement service at no cost if the problem falls under this Limited Warranty.

 

What does the warranty not cover (see also General Terms & Conditions)?

 

This policy does not cover the following:

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  • Crashes or fire damage caused by non-manufacturing factors, including but not limited to, pilot errors.

  • Damage caused by unauthorized modification, alteration, addition of unauthorized external devices, disassembly, or shell opening not in accordance with official instructions or manuals.

  • Water damage or other damages caused by improper installation, incorrect use, or operation not in accordance with official instructions or manuals.

  • Damage caused by a non-authorized service provider.

  • Damage caused by unauthorized modification of circuits and mismatch or misuse of the battery and charger.

  • Damage caused by flights which did not follow instruction manual recommendations.

  • Damage caused by operation in bad weather (i.e. strong winds, rain, sand/dust storms, etc.)

  • Damage caused by operating the product in an environment with electromagnetic interference (i.e. in mining areas, close to radio transmission towers, high-voltage wires, substations, heavy storms, etc.).

  • Damage caused by operating the product in an environment suffering from interference from other wireless devices (i.e. transmitter, video-downlink, Wi-Fi signals, etc.).

  • Damage caused by operating the product at a weight greater than the safe takeoff weight, as specified by manuals.

  • Damage caused by a forced flight when components have aged or been damaged.

  • Damage caused by reliability or compatibility issues when using unauthorized third-party parts.

  • Damage caused by operating the unit with a low-charged or defective battery.

  • Uninterrupted or error-free operation of a product.

  • Loss of, or damage to, your data by a product.

  • Any software programs, whether provided with the product or installed subsequently.

  • Failure of, or damage caused by, any third party products, including those that Aero41 may provide or integrate into the Aero41 product at your request.

  • Damage resulting from any non-Aero41 technical or other support, such as assistance with “how-to” questions or inaccurate product set-up and installation.

  • Products or parts with an altered identification label or from which the identification label has been removed.

 

Limitation of liability

 

WHEN RECEIVING SERVICE, AERO41 IS RESPONSIBLE FOR LOSS OR DAMAGE TO YOUR PRODUCT ONLY WHILE IT IS IN AERO41'S POSSESSION OR IN TRANSIT, IF AERO41 IS RESPONSIBLE FOR TRANSPORTATION.

AERO41 IS NOT RESPONSIBLE FOR LOSS OR DISCLOSURE OF ANY DATA, INCLUDING CONFIDENTIAL INFORMATION, PROPRIETARY INFORMATION, OR PERSONAL INFORMATION, CONTAINED IN A PRODUCT.

UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL AERO41, ITS AFFILIATES, SUPPLIERS, RESELLERS, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. IN NO CASE SHALL THE TOTAL LIABILITY OF AERO41, ITS AFFILIATES, SUPPLIERS, RESELLERS, OR SERVICE PROVIDERS FOR DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT OF ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR THE PRODUCT.
THE FOREGOING LIMITATION DOES NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH), DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY FOR WHICH AERO41 IS LIABLE UNDER LAW.

AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Limitation of warranty

 

TO THE EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, AERO41 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AERO41 ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN AERO41 LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

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SHOULD SUCH WARRANTIES CANNOT BE DISCLAIMED, AERO41 LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT AERO41'S OPTION, THE REPAIR OR REPLACEMENT SERVICES PROVIDED IN THIS LIMITED WARRANTY.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

Your other rights

 

This Limited Warranty provides you with extra and specific legal rights. You may have other rights according to the applicable laws of your state or jurisdiction. You may also have other rights under a written agreement with Aero41. Nothing in this Limited Warranty affects your statutory rights, including rights of consumers under laws or regulations governing the sale of consumer products that cannot be waived or limited by agreement.

 

GENERAL TERMS

 

Aero41 guarantees that, subject to the following conditions, return and refund service, replacement service and warranty repair service can be requested. Please contact Aero41 for more details. You might be required to fill out a repair form, which should be sent to us along with the to-be-repaired unit.

 

You can request return and refund service within fourteen (14) calendar days of receiving a product if the product has a manufacturing defect.

 

Return and refund service will not be provided where:

 

  • It is requested beyond fourteen (14) calendars days of receiving a product.

  • A product sent to Aero41 for return and refund service does not include all original accessories, attachments or packaging, or any item is not in new or like-new condition, i.e. with cracks, dents or scratches.

  • A legal proof of purchase, receipt or invoice is not provided or is reasonably believed to have been forged or tampered with.

  • Any fault or damage of the product is caused by unauthorized use or modification of the product.

  • Product labels, serial numbers, waterproof marks, etc. show signs of tampering or alteration.

  • Damage is caused to the product by uncontrollable external factors, including fire, floods, high winds or lightning strikes.

  • A product is not delivered to Aero41 within fourteen (14) calendar days after return and refund service confirmation is sent from Aero41.

  • Other circumstances stated in this policy.

 

You can request replacement service:

 

  • Within fifteen (15) calendar days of receiving the product if the product has sustained a substantial damage in transit, provided always that the damage proof issued by the carrier can be provided to Aero41.

  • Within fifteen (15) calendar days of receiving the product if the product does not match the original description of the product in one or more significant respects.

  • Within fifteen (15) calendar days of receiving the product if the product suffers performance failure.

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Replacement service will not be provided where:

 

  • Service is requested more than fifteen (15) calendars days after receiving a product.

  • Legal proof-of-purchase, receipts, or invoices are not provided, or are reasonably believed to have been forged or tampered with.

  • A product sent to Aero41 for replacement does not include all original accessories, attachments and packaging, or contains items damaged by user error.

  • A product is found to have no defects after all appropriate tests are conducted by Aero41.

  • Any fault or damage of the product is caused by unauthorized use or modification of the product.

  • Product labels, serial numbers, water damage marks, etc. show signs of tampering or alteration.

  • Damage is caused by uncontrollable external factors, including fires, floods, high winds, or lightning strikes.

  • Received product has not been sent back to Aero41 seven (7) calendar days after replacement confirmation from Aero41.

  • Proof of damage during transit issued by the carrier cannot be provided.

  • Other circumstances stated in this policy.

 

What to do before obtaining after-sales service?

 

Before obtaining after-sales service, the following steps must be taken:

 

  • Provide Aero41 with all system passwords, if necessary.

  • Provide Aero41 with sufficient and safe access to your product, so Aero41 can provide service as needed.

  • Ensure that the product or part is free of any legal restrictions that prevent its replacement.

  • If you are not the owner of a product or part, obtain authorization from the owner for Aero41 to provide warranty service.

 

Product and part replacement

 

When after-sales service involves the replacement of a product or part, the replaced product or part becomes Aero41’s property and the replacement product or part becomes your property. Only unaltered Aero41 products and parts are eligible for replacement.

Replacement products or parts provided by Aero41 may not be new, but it will be in good working order and at least functionally equivalent to the original product or part’s warranty. A replacement product or part shall be covered for the time remaining in the original product’s warranty.

 

Use of personal contact information and data (see also Privacy Policy)

 

If you obtain service under this policy, you authorize Aero41 to store, use, and process your flight log information and your contact information, including name, phone numbers, address, and e-mail address. You agree and understand that it is necessary for Aero41 to collect, process and use your data to perform service under this policy. We may contact you to inquire about your satisfaction with our service or to notify you about any product recalls or safety issues. We may also disclose your information where required by law. Aero41’s privacy policy is available at https://www.aero41.ch/privacy-policy.

 

Essential information

  • You are responsible for shipping costs when sending product(s) for return, repair or replacement.

  • Aero41 will examine the returned product(s) to identify the problem. If the problem qualifies for service under this policy, Aero41 will bear the cost for refund, replacement, or repair and return the product(s) at our cost to you.

  • If Aero41 determines that the issue in question is not covered by this Aero41 policy, you will have to apply for paid repair service. Aero41 will not start repair until you agree to the cost for repair quoted by Aero41. If you disagree with the cost for repair, Aero41 will return the product(s) with you burdening the cost of return shipping.

  • Products and components presented for repair may be replaced by refurbished goods of the same type rather than being repaired. These refurbished goods have been tested and are similar to brand new goods in function and appearance. If any refurbished parts or units do not meet our quality assurance requirements, brand new parts or units will be issued. Any replaced parts may come with different serial numbers.

  • Where a product is capable of retaining user-generated data, such data may be lost during the repair process. We therefore recommend that you back up your data prior to any repair.

  • Data analysis service will not be provided after warranty expiration.

  • Before sending your product for repair, remove any customized decorations and items on it (including but not limited to decorative stickers, UAS stickers, paintings, etc.). Aero41 will not be responsible for any damage or loss that may occur to these customized decorations and items.

  • To guarantee your legal rights, please check whether your product is intact (check whether any damage has occurred to your product during transportation) when signing for it. If the product has a defect, please report it to us within seven (7) days of signing for it; or it will be deemed that the product you signed for is intact and fully functional.

 

No other Warranties

 

This warranty is in lieu of all other warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose.

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