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 FIXARliability provided herein are subject to the complete set of terms and conditions of thewarranty listed on FIXAR website. Where a discrepancy or conflicting provisions exist, theprovisions listed on the website shall prevail.

2. By purchasing and using FIXAR products, the client/purchaser hereby unconditionallyaccepts 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 theclient by FIXAR or one of its authorized dealers. This Limited Warranty does not apply toFIXAR products purchased from any source other than FIXAR or its authorized dealers, anyproducts of another producer either attached to FIXAR products or used to modify existingFIXAR products (such as without limitation camera, LiDAR, connectivity device etc.). ThisLimited Warranty applies only within the territory and jurisdiction where the sale of theproduct took place.

4. Where manufacturers or suppliers of auxiliary equipment or additional products providetheir own warranty, the client shall deal with such manufacturers directly and FIXAR shallhave 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 theend 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 notlimited 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 fromfailure to follow instructions relating to the product’s use.

7. FIXAR warrants its Products against defects in materials and workmanship under normaluse for a period of 1 (one) year from the date of purchase or 100 flight hours, whichevercomes first by the original end-user purchaser (“Warranty Period”). Any warranty claimmust be submitted with FIXAR or its authorized dealer before the expiry of the WarrantyPeriod. 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 orrefurbished replacement parts, or (2) exchange the Product with a product that is new orwhich has been manufactured from new or serviceable used parts and is at leastfunctionally equivalent to the original product, or (3) refund the purchase price of theproduct. FIXAR will act promptly and diligently in performing its warranty services and will deliver a repaired or new substitute device subject to the availability of spare parts in stockand possible delivery delays outside FIXAR control. FIXAR will update the Client when thewarranty service is completed and will provide tracking number once the product is shippedback to the Client.

8. Warranty Period can be extended for an additional 1 (one) year period for an extra fee inthe 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 orrefurbished parts that FIXAR provides in fulfilment of its warranty obligation. A replacementproduct or part, including a user-installable part that has been installed in accordance withinstructions provided by FIXAR, shall be subject to the remaining warranty of the originalproduct or ninety (90) days from the date of replacement or repair, whichever provideslonger coverage. When a product or part is exchanged, any replacement item becomesproperty of the Buyer and the replaced item becomes property of FIXAR. Parts provided byFIXAR in fulfilment of its warranty obligation must be used in products for which warrantyservice is claimed. When a refund is given, the product for which the refund is providedmust 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 trainedperson that had successfully passed FIXAR xGroundControl software courses and received acertificate from FIXAR. Any use of FIXAR products by unauthorized or untrained person shallresult in this Limited Warranty being void.

11. This Limited Warranty shall be in effect only if the product is operated with the mostupdated version of FIXAR Autopilot software and FIXAR xGroundControl software publishedby FIXAR. The Client shall be responsible to ensure that FIXAR Autopilot software and FIXARxGroundControl software is being updated as needed and to verify with FIXAR database thatit uses the most recent version of FIXAR Autopilot software and FIXAR xGroundControlsoftware. Where FIXAR comes to a conclusion that the warranty claim resulted fromoperating the equipment with outdated version of FIXAR Autopilot software or FIXARxGroundControl software, this Limited Warranty shall be void.

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

13. This warranty does not apply: (a) to physical damage of the product caused by accidentor falling of the product from height caused by incorrect operation of the product includingbut not limited to operation without sufficient or mission specific training; (b) ifclient/purchaser violated the conditions of transfer, storage and temperature regimes forFIXAR products and batteries outlined in the manuals on https://help.fixar.pro/; (c) todamage 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 (includingupgrades and expansions) performed by anyone other than a representative of FIXAR or aFIXAR Authorized Service Provider; (g) to a product or part that has been modified tosignificantly alter functionality or capability without the written permission of FIXAR; (h) toconsumable parts, such as batteries, unless damage has occurred due to a defect inmaterials or workmanship; (i) in case the Product is used in any manner other than inautonomous mode as indicated in the operating manuals and only with the FIXARxGroundControl software for mission planning and drone control (for avoidance of a doubt,any manual operation of the Product using unauthorized remote controls will automaticallyvoid the warranty) or (j) if any FIXAR serial number has been removed or defaced.

14. To the extent permitted by law, this warranty and remedies set forth herein areexclusive and in lieu of all other warranties, remedies and conditions, whether oral orwritten, statutory, express or implied. To the extent permitted by law, FIXAR specificallydisclaims any statutory or implied warranties, including, but not limited to, warranties ofmerchantability and warranties against hidden defects. If FIXAR cannot lawfully dis- claimstatutory or directly expressed warranties then to the extent permitted by law, all suchwarranties shall be limited in duration to the duration of this particular warranty and torepair or replacement service as determined by FIXAR in its sole discretion. No FIXAR agentor employee is authorized to make any modification, extension or addition to this warranty.

15. Except as provided in this warranty and to the extent permitted by law, FIXAR is notresponsible for direct, indirect, special, incidental or consequential damages, whether it wasadvised of such or not, resulting from the use of the product, or any breach of warranty orcondition, or under any other legal theory, including, but not limited to loss of use, loss ofrevenue, loss of actual or anticipated profits (including loss of profits on contracts), loss ofthe use of money, loss of anticipated savings, loss of opportunity, loss of business, loss ofreputation, loss of, damage to or corruption of data, or any indirect loss or damagehowsoever caused including the replacement of equipment and property, any costs ofrecovering, programming, or reproducing any program or data stored or used with FIXARproducts and any failure to maintain the confidentiality of data stored on the product. FIXARdisclaims any representation that it will be able to repair any product under this warranty ormake a product exchange without risk to or loss of the programs or data. Without limitingthe generality of the foregoing, in no event shall FIXAR be responsible for any direct, indirector consequential damages to the end-user or any third party arising from various incidentsand accidents resulting from operating FIXAR products (such as without limitation, firedamage caused by falling of FIXAR product).

16. FIXAR is not responsible for the results of data collection and data post-processing thatwere collected using FIXAR products and attached equipment and processed with anysoftware of the buyer’s choice. All complaints and issues relating to the data collection andprocessing shall be resolved by the buyer with the equipment manufacturer or softwaredeveloper directly.

17. The buyer is obliged to peruse the online help resources referred to in thedocumentation accompanying this hardware product before requesting warranty service. Ifthe product is still not functioning properly after making use of these resources, pleasecontact the FIXAR representatives or a FIXAR Authorized Service Provider using theinformation provided in the documentation. A FIXAR representative or FIXAR AuthorizedService 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 willprovide warranty service on products that are tendered or presented for service during theWarranty Period, as permitted by law. Service will be limited to the options available in thecountry where service is requested. Warranty service may be restricted to the countrywhere the product is purchased, or the Buyer is obliged to cover shipping and handlingcharges. 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 purchasedetails and/or comply with registration requirements before receiving warranty service.

18. For consumers who are covered by Consumer protection laws or regulations in theircountry of purchase or, if different, their country or residence, the benefits conferred by thiswarranty are in addition to all rights and remedies conveyed by such consumer protectionlaws and regulations. Some countries do not allow the exclusion or limitation of incidentalor consequential damages or exclusions or limitations on the duration of implied warrantiesor conditions, so the above limitations or exclusions may not apply to you. This warrantygives 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
support@fixar.pro

www.fixar.pro Last update: May, 2023