PERFORMANCE DRONE WORKS, LLC
LIMITED WARRANTY FOR GOODS AND SERVICES.
The following limited warranty for goods and services are incorporated into by reference therein and made part of the PERFORMANCE DRONE WORKS LLC’S TERMS AND CONDITIONS OF SALE OF GOODS AND SERVICES.
Limited Warranty of Goods. The warranty period for different products and parts varies in accordance with the below table. PDW warrants to Customer that for period (1) year following the date of delivery of the Good (the “Warranty Period”), that the Goods manufactured by PDW and delivered to Customer pursuant to this Agreement shall (i) conform to PDW’s material written Specifications (as defined below); and (ii) are free from material defects in material and workmanship. Customer acknowledges and agrees that incorrect, unauthorized, or improper: (1) storage; (2) installation; (3) use; (4) transportation; (5) maintenance; (6) service; or (7) repair, or any form of alteration, misuse, neglect, abuse or accident affecting the Goods voids the foregoing limited warranty. PDW will not be liable for breach of warranty if Customer knew of any failure of a Good to conform to the Specifications prior to purchase. PDW makes no representations or warranties concerning coverage or the distance at which usable radio signals will be transmitted and received by the Goods supplied hereunder, or that Services will be uninterrupted or error free. PDW does not warrant that the functions contained in the Goods will meet Customer’s specific requirements. The warranty period for a product starts on the day such product is delivered. For the avoidance of doubt, the limited warranty shall cover:
(A) Examples of excluded warranty claims for Goods. The examples provided below are examples only, and for your convenience. This is not a complete or exhaustive list, and it should not be interpreted as such. For the sake of clarity, these situations will result in a rejection of a warranty claim.
• Ordinary wear and tear.
• Failing to replace consumable parts when repair is needed per the user manual.
• Operating the Good without appropriate training, certifications or licenses required
to safely and legally operate the Good.
• Losing the Good.
• Training not provided by PDW or an authorized PDW trainer.
(B) Warranty Claim. PDW shall not be liable for a breach of the warranties under this Limited Warranty, unless (i) Customer notifies PDW in writing during the Warranty Period, specifying in detail the nature of the defective Goods or Services, as the case may be, within seven (7) days of the time when Customer discovers or should have discovered the defect; and (ii) if applicable, permit PDW to inspect and test the Goods and Customer (if requested to do so by PDW) returns the Goods to PDW’s place of business pursuant to Section (C) below; and (iii) PDW reasonably verifies Customer’s claim that the Goods or Services are defective. PDW may request additional information regarding limited warranty claims, such as: diagnostic information or flight data, flight logs or other flight information, pictures and/or video of product damage, and additional details around product operation.
Prior to any such repair, Customer agrees to remove all data, except for flight information, including confidential information, proprietary information and personal information, from
the product and that PDW shall not be responsible for the loss or disclosure of any data, including confidential information, proprietary information, or personal information, on a product returned or accessed for warranty service.
(C) Remedy. Subject to Section (B) above, with respect to any Goods or Services during the Warranty Period, PDW shall, in its sole discretion (i) replace or repair such Good (or defective part) with an equivalent product, (ii) re-perform or repair the applicable Good, or (ii) issue a credit or refund for the defective Good or Service at a pro rata rate. Subject to the foregoing, PDW may issue a credit to Customer for reasonable shipping expenses for Goods returned to PDW under warranty provided Customer first obtains prior authorization and an RMA number and the Good is otherwise covered by the warranty in this Limited Warranty.
(D) Disclaimer. THE WARRANTY DESCRIBED IN THIS LIMITED WARRANTY CONSTITUTES PDW’S SOLE LIABILITY AND CUSTOMER’S SOLE REMEDY REGARDING ANY CLAIMED NONCONFORMANCE OF OR DEFECT IN THE PRODUCTS AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER WARRANTY OF QUALITY, FUNCTION, OR PERFORMANCE. PDW DISCLAIMS ANY AND ALL OTHER SUCH WARRANTIES, EXPRESS, IMPLIED AND STATUTORY. THERE IS NO WARRANTY THAT EXTENDS BEYOND THE DESCRIPTION ON THE FACE HEREOF. PDW FURTHER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING COVERAGE OR THE DISTANCE AT WHICH USABLE RADIO SIGNALS WILL BE TRANSMITTED AND RECEIVED BY THE PRODUCTS SUPPLIED HEREUNDER. Oral or written statements by any PDW personnel or representative, including via email, do not constitute a warranty, do not bind or obligate PDW, shall not be relied on by Customer, and are not part of this Limited Warranty or the PDW Terms and Conditions of Sale for Goods and Services. Customer acknowledges it has not relied on any warranty or representation by any person or entity except for the warranties or representations specifically stated herein. Some jurisdictions do not allow the limitation or exclusion of implied warranties or how long an implied warranty may last, so the above limitations set forth in this Limited Warranty may not apply to Customer. This Limited Warranty gives Customer specific legal rights and Customer may have other rights that vary from jurisdiction to jurisdiction.
(E) Third Party Products. Products manufactured or provided by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Products provided by PDW. Third Party Products may include, but are not limited to third party intelligence, surveillance, and reconnaissance (“ISR”), signals intelligence, or other payloads, third party developed external compute modules, and third party developed external ground controllers, batteries, software, landing gear, and radio and GCS antennae. Third Party Products are not covered by the Limited Warranty provided above and shall be covered by their respective original manufacturer’s warranty, if any. For the avoidance of doubt, PDW MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(F) Definitions.
(a) Specifications. Specifications under this Limited Warranty means: (i) PDW’s product specifications identified in the operations manual, subject to applicable parameters and testing conditions; or (ii) if no specifications or only partial specifications are identified, then PDW published product specifications stated in a data sheet or other similar document in effect at PDW’s choice of (1) time of PDW’s
order acknowledgement; (2) time of product manufacture; or (3) time of delivery, in any such case, whether or not provided to or known to Customer. Customer acknowledges that PDW product specifications may change without notice. No modification to any Specification made before or after a Warranty Period shall have the effect of extending the Warranty Period regardless of whether PDW notified Customer of the modification. Customer assumes all risk for operation of product outside the parameters and testing conditions described in the applicable product Specifications. PDW reserves the right at any time to discontinue any model in its product line and to make changes in specifications or design in products.
(b) All other capitalized terms not defined in this Limited Warranty shall have the meaning ascribed to them in the PDW Terms and Conditions of Sale and Services.
Limited Warranty of Services. PDW warrants to Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.