REPAIR TERMS & CONDITIONS
IMPORTANT: THESE REPAIR TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE YOUR AGREEMENT WITH FLIGHTWAVE (AS IT IS DESCRIBED IN THE COUNTRY VARIATION SECTIONS, SPECIFIED THROUGHOUT THE AGREEMENT) AND WILL APPLY TO YOUR ORDER IF THE SERVICE IS OUTSIDE THE TERMS OF FLIGHTWAVE’S LIMITED WARRANTY, A FLIGHTWAVE ADMINISTERED EXTENDED SERVICE CONTRACT OR YOUR STATUTORY CONSUMER RIGHTS.
CONSUMER LAW: FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS AGREEMENT ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS AND YOU SHOULD CONSULT THE CITIZENS ADVICE SERVICE IN YOUR COUNTRY OF RESIDENCE FOR FURTHER INFORMATION ON THESE RIGHTS.
1. Services and Products.
1.1 Services. For service orders, Flightwave will service your Flightwave product as described to you for the estimated charges stated, unless such charges are revised with your
prior oral or written consent. Unless otherwise stated, Flightwave will provide repair or replacement services to address a defect in the materials or workmanship of a product. Service is not available for issues caused by failure of or incompatibilities with any software or data residing or recorded on your product, or any 3rd party hardware not sold with the Flightwave product.
1.2 Parts and Labor. Flightwave may provide both parts and labor, but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, Flightwave may use parts or products that are new or refurbished and equivalent to new in performance and reliability. Flightwave will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become your property. Replaced parts and products are generally repairable and are exchanged or repaired by Flightwave for value. If applicable law requires Flightwave to return a replaced item to you, you agree to pay Flightwave the retail cost of the replacement item and shipping.
1.3 Service Options. Flightwave will provide service through one of the following options
These terms apply to the service of Flightwave products requested through contact with Flightwave, that is not covered by Flightwave’s warranty, or any Flightwave Protection Plan or statutory warranty rights and will choose which method of providing service depending on the circumstances, in particular depending on the type of Flightwave product:
A Do-It-Yourself (DIY) Parts Service. DIY Parts Service allows you to service your own product. If Flightwave determines that DIY Parts Service is available to you, Flightwave will ship to you a replacement part for your Flightwave product. The replacement part will be accompanied by instructions on installation and any requirements for the return of the replaced part. For DIY Parts Service requiring the return of the replaced part, you must provide credit card details to secure the return of the replaced part. All replaced parts requiring return, must be returned to Flightwave within ten (10) days from the date Flightwave ships the replacement part to you (“Return Period”). If (i) you fail to return the replaced part as instructed within the Return Period, or (ii) the replaced part is not eligible for service due to a Service Exclusion, as described below, you will pay the amount agreed by you at the time service was ordered. If Flightwave does not require the return of a replaced part, Flightwave will ship to you a replacement part or product accompanied by instructions on installation and any requirements for the disposal of the replaced item. Flightwave is not responsible for any labor costs relating to DIY Parts Service.
B Direct Mail-In Service. If Flightwave determines that your product is eligible for Direct Mail-In Service, you will ship your product to Flightwave’s repair service location in accordance with Flightwave’s instructions. Depending on the nature of the repair, Flightwave may provide prepaid way bills (and if you no longer have the original packaging, Flightwave may send you packaging material). If Flightwave does not provide prepaid way bills or packaging, you must arrange for the shipping and packaging of your product to Flightwave’s repair service location, as described at the time of ordering, and you may want to consider insuring your package in case of damage or loss during shipment. Once service is complete, the Flightwave repair service location will return the repaired product or provide a replacement product to you.
C Express Replacement Service (ERS).
i. If Flightwave determines that your product is eligible for ERS, and you choose to order ERS by providing to Flightwave your credit card details, Flightwave will ship to your designated location a replacement product. You will return your product so that Flightwave receives it within ten (10) days from the date Flightwave ships the replacement product (the “Return Period”). You must return the original product in the package that contained the replacement product in accordance with Flightwave’s instructions. Flightwave will retain the original product and you will retain the replacement product.
ii. For the ERS, Flightwave will charge your credit card the ERS Charge (which will be communicated to you at the time of the service order) at the time the Replacement product ships. At the time the Replacement product ships, Flightwave will effect an authorization against your credit card equal to the replacement value of a new product (“Replacement Value”). This authorization will be maintained by Flightwave and will be applied against any damage to the original product that is not eligible for Out-of-Warranty Service, or loss of the original product or other payments due Flightwave.
iii. If Flightwave receives the original product within the Return Period in a condition that is not eligible for Out-of-Warranty Service, your credit card will be charged an additional amount representing the difference between the replacement value of a new product (“Replacement Value”) and the Out-of-Warranty Service Fee (communicated to you at the time you place the service order. An original product that is inoperable due to unauthorized modifications or has failed due to catastrophic damage, such as the product separating into multiple pieces, are examples of a product that is ineligible for Out of Warranty Service.
iv. If Flightwave does not receive the original product within the Return Period your credit card will be charged the Replacement Value. However, if the original product is returned to Flightwave within ten (10) days after the end of the Return Period your credit card will be charged a Late Fee, communicated to you at the time you place your service order, and any other charges for which you are responsible, and the remainder of the Replacement Value will be credited back to your credit card. After confirmation that all charges have been paid, the authorization on your credit card will expire. All fees and charges described herein exclude all applicable taxes.
1.4 Changes to Service Options. Flightwave reserves the right to change at any time, without notice, the service options available to you.
1.5 End Users Only. Flightwave services, sells and ships products to end user customers only. You may not purchase for resale. Flightwave reserves the right to refuse or cancel your order if Flightwave suspects you are purchasing for resale.
1.6 No Sale to Minors. Purchase under these terms is available only to those who have reached the age of majority.
1.7 Service Exclusions and Diagnostic Fee. Flightwave may charge you a diagnostic fee (including shipping charges) (“Diagnostic Fee”), if Flightwave inspects your product and determines that (i) your product does not require service, (ii) your product has failed due to or has incompatibilities with software or data residing or recorded on your product (iii) service is required due to the failure of parts that are neither supplied by Flightwave nor Flightwave- branded, (iii) additional labor or parts are required that were not specified in the original estimated charges and you do not agree to authorize service based on Flightwave’s revised estimated charges, or (iv) service cannot be performed because the serial number has been altered, defaced or removed or the product has failed due to accident, abuse, liquid spill or submersion, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than Flightwave or an Flightwave Authorized Service Provider), unauthorized modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes (“Service Exclusions”). Flightwave will return your product to you without servicing it and may charge you the Diagnostic Fee.
No more than one-hundred ($100 AUD) dollars
No more than one-hundred ($100 CAD) dollars Canadian
European Free Trade Area
Up to 100 (£100 in the United Kingdom)
No more than seven hundred and eighty ($780) Hong Kong dollars plus applicable tax
No more than ten-thousand (Y10,000) yen plus applicable tax
no more than one-hundred thirty ($130 NZD) dollars
No more than one hundred and eighty ($180) Singapore dollars plus applicable tax
United States of America
No more than one-hundred ($100 USD) dollars US, plus applicable tax.
1.8 Exceptions to Coverage. Service under this Agreement is not available where prohibited by law.
1.9 Delivery. Flightwave may provide an estimate on when a replacement product or shipping box to facilitate service will be shipped to you. Once your order has been prepared for shipment or has shipped, Flightwave is unable to change the shipping address. Please note that for deliveries that require a signature, if you are willing to assume the risks of your order being delivered without anyone at the delivery address, you may authorize Flightwave to arrange for a delivery without the need for a signature.
1.10 Customer’s Responsibility.
1.10.1 Flightwave will provide you with shipping and packing instructions. You will be responsible for products or parts that are lost or damaged as a result of failure to follow them.
1.10.2 It is your responsibility to backup all existing data, software, and programs, and to erase all existing data before receiving services. Flightwave is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by Flightwave. You represent that your product does not contain illegal files or data.
1.10.3 Abandoned Property. Unless you provide alternative instructions, Flightwave will ship your repaired or replacement product to the mailing address you furnished when you authorized service. If your product is returned to Flightwave because delivery could not be completed at the address given, Flightwave will attempt to contact you for an alternative mailing address. If you do not provide an address at which Flightwave or its agent may deliver your product within sixty (60) days after the original delivery attempt, Flightwave will notify you that it considers your product to be abandoned. Flightwave will send notice to the mailing address you furnished when you authorized service. In the event that your product is abandoned, Flightwave may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale to pay for any outstanding service performed. Flightwave reserves its statutory and any other lawful liens for unpaid charges.
For customers in Europe, outside of Austria and Germany: If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Flightwave that your product has been repaired, Flightwave will set you a time period to claim the product. Flightwave will send such notification to you at the mailing address you furnished when you authorized the repairs. If you continue to fail to pick up your product, Flightwave may claim any damages from you including any costs or the storage of such product. Flightwavereserves its statutory and any other lawful liens for unpaid charges.
For customers in Austria or Germany: Flightwave is entitled to retain your product until full payment by you of all charges for the repair. If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Flightwave that your product has been repaired, Flightwave will invite you to collect the product and/or to accept delivery of the products, in exchange for the payment of the charges. It is understood that, without prejudice to the rights of Flightwave to obtain compensation of damages, you will be responsible for all charges incurred for the custody of the products Flightwave reserves its statutory and any other lawful liens for unpaid charges.
1.10.4 InformationonService.Duringtheserviceorderingprocessyoumustprovidea description of the issue that is affecting your product, so that Flightwave understands and may replicate the issue.
1.10.6 Disclosure of Unauthorized Modifications. During the service ordering process, you must notify Flightwave of any unauthorized modifications, or any repairs or replacements not performed by Flightwave or an Flightwave Authorized Service Provider, that have been made to your product. Flightwave will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by Flightwave or an ASP. If damage results, Flightwave will seek your authorization for any additional costs for completing service even if the product is covered by warranty or any Flightwave service plan. If you decline authorization, Flightwave may return your product unrepaired in the damaged condition without any responsibility.
2. Orders and Payment
2.1 Payment. Terms of payment are within Flightwave’s sole discretion, and unless otherwise agreed to by Flightwave, payment details must be received prior to Flightwave’s acceptance of an order.
2.2 Payment Methods. Flightwave allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, debit card or check card when applicable and acceptable in the Country where the service is provided (except in Hong Kong, Japan and Singapore), or some other prearranged payment method unless Flightwave has agreed to some other credit terms. When you provide Flightwave with your card information, Flightwave will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Flightwave will not bill your credit card or process a transaction under your debit or check card until your order is processed. Flightwave may not be able to accept credit, debit, or check cards associated with a billing address outside of the country site. Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. Flightwave requires the credit, debit, or check card security code for your card to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account, or on the back of your card, on the signature panel.
2.3 Prices. Flightwave endeavors to offer you competitive prices on current Flightwave products and services. Your total order price will include the price of the product or service on the day of order processing. Flightwave reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear.
2.4 Confirmation. Flightwave will send you a confirmation of your order via email shortly after receipt.
2.5 Refunds. Except as described in the Warranty and Limitation of Liability section below, Flightwave does not provide refunds for service orders.
3. Warranty and Limitation of Liability
3.1 Service Warranty. For all service orders, Flightwave warrants that (1) services performed will conform to their description for ninety (90) days from the date of service, (2) all parts or products used in service will be free from defects in materials and workmanship for ninety (90) days from the date of service. This warranty is an express limited warranty. If non- conforming service is provided or a defect arises in a replacement part or product during the applicable warranty period, Flightwave will at its option, either (a) re-perform services to conform to their description (b) repair or replace the part or product, using parts or products that are new or equivalent to new in performance and reliability, or (c) refund the sums paid to Flightwave for service.
Australia: The rights described in this policy in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Consumer and Competition Act 2010 and other applicable Australian consumer protection laws and regulations. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goodsofthesametyperatherthanbeingrepaired. Refurbishedpartsmaybeusedtorepairthe goods. The repair of goods may result in loss of the data.
Brazil: Flightwave does not use reconditioned or previously used products or parts when servicing Flightwave products.
Denmark: For Danish consumers the rights in this warranty come in addition to and do not affect your mandatory rights as a consumer, including those contained in the Sales of Goods Act, among other things establishing the right to complain as to nonconformities until the expiry of the two year claims period set forth therein, that is 2 years as from the date of the purchase. Furthermore, if the serviced product fails following the expiry of the 90 day warranty, but within 2 years of date of performance of the services, consumers shall, at Flightwave’s discretion be entitled either to a re-performance of the services, or a refund of the fee paid for the services, if it can be established that such a failure is due to a non-conformance in the service performed.
Norway: For Norwegian consumers the rights under this Agreement are in addition to your statutory rights pursuant to the Norwegian Craftsmanship Services for Consumers Act (håndverkertjenesteloven) and/or the Norwegian Consumer Purchase Act (forbrukerkjøpsloven), including your right to use the longest period of claim, that is within two years from the repair or purchase.
3.2 Disclaimer of Warranty.
For Customers in Europe: THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. FLIGHTWAVE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
For Customers outside of Europe: TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, FLIGHTWAVE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY,
SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
3.3 Limitation of Liability. IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT . PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, FLIGHTWAVE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FLIGHTWAVE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, FLIGHTWAVE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES FLIGHTWAVE DOES NOT SEEK TO EXCLUDE THIS LIABILITY.
3.4 Some states, provinces and jurisdictions 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 these limitations or exclusions may not apply to you. The express limited warranty gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction.
4. Export Control. You may not use or otherwise export or re-export the products serviced except as authorized by the laws of the jurisdiction in which the products were obtained. In particular, but without limitation, the products may not be exported or re- exported in violation of export laws, including if applicable export or re-export into any US-embargoedcountriesortoanyone ontheUSTreasuryDepartment’slistofSpecially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. You represent that you are not located in any country or on any list where the provision of product to you would violate applicable law. You also agree that you will not use products for any purposes prohibited by applicable law.
5.1 Typographical Errors. Flightwave is not responsible for typographical errors. Flightwave reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.
For residents of Belgium: Please note that Flightwave will be unable to facilitate any cancellation requests for your order, pursuant to Article 79 § 1 Trade Practices Act 1991.
5.2 Change Terms. Flightwave reserves the right to change this Agreement at any time.
5.3 Cancellation. Upon acceptance of a service order, Flightwave initiates service and consequently a service order may not be cancelled and you cannot withdraw from the contract.
For residents of Europe, outside Belgium : If you are a consumer, you agree that because Flightwave starts service upon acceptance of your order, you may not exercise the right of withdrawal. If you are a business,
For residents of Belgium: Please note that Flightwave will be unable to facilitate any cancellation requests for your order, pursuant to Article 79 § 1 Trade Practices Act 1991.
5.4 Product/Service Changes. Flightwave may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and Flightwave makes no commitment to update the information provided online with respect to such products and services.
For residents of Europe: Prior to the conclusion of your contract with Flightwave, you will be provided with the correct information about the main characteristics of the goods or services, as well as the price and delivery costs of the goods or services including all taxes.
5.5 Access online. Flightwave reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to its online pages, or to any portion of its online site, for any reason; (2) to modify or change its online pages, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of its online site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
5.6 Governing Law. The laws of the country where you ordered service or product will govern this Agreement, except as otherwise described in the Country Variation table, below.
To the extent permitted by law, all service orders received from residents of Australia will be governed by the laws of New South Wales.
To the extent permitted by law, all service orders received from residents of Brazil will be governed by Brazilian laws without giving effect to its conflict of law provisions
To the extent permitted by law, all service orders received from residents of Canada will be governed by the laws of the province of Ontario without giving effect to its conflict of law provisions. Customers in Quebec will be governed by that province’s consumer protection legislation.
European Free Trade Area
For customers that do not qualify as consumers, these terms are governed by and construed in accordance with the laws of the Republic of Ireland and all claims must be brought in the courts of the Republic of Ireland
To the extent permitted by law, all service orders received from residents of Hong Kong will be governed by the laws of Hong Kong without giving effect to its conflict of law provisions.
No more than ten-thousand (Y10,000) yen plus applicable tax
To the extent permitted by law, all service orders received from residents of New Zealand will be governed by the laws of New Zealand.
To the extent permitted by law, all service orders received from residents of Singapore will be governed by the laws of Singapore, without giving effect to its conflict of law provisions
United States of America
To the extent permitted by law, all service orders received from residents of the United States of America will be governed by California law without giving effect to its conflict of law provisions.
5.7 No Changes to the Agreement. No Flightwave employee or agent has the authority to vary any of the terms and conditions governing any transaction.
5.8 Unenforceable Terms. If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.
5.9 Waivers. Flightwave’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Flightwave of any provision or any right it has to enforce these policies, nor shall any course of conduct between Flightwave and you or any other party be deemed to modify any provision of these terms.
5.10 No Third Party Beneficiaries. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
5.11 International Products/Services. Flightwave provides access to Flightwave international data and, therefore, may contain references or cross references to Flightwave products, programs and services that are not announced in your country. Such reference does not imply that Flightwave in your country intends to announce such products, programs or services.
5.12 Data Protection. You agree and understand that it is necessary for Flightwave to collect, process and use your data in order to process sales, perform service and confirm compliance with applicable laws. Flightwave will maintain and use your personal data in order to allow you to exercise your rights arising from the service of your Flightwave product and for quality and service related purposes. Flightwave will not use your information for direct marketing purposes without obtaining your consent. If you wish to have access to the information that Flightwave holds concerning you, please contact Flightwave in writing via email with such a request, at Legal@Flightwave.aero .
5.13 Subcontractors. Flightwave may subcontract with other service providers for the service of your product.
5.14 Conflict of Terms; Services in English. In the event of a conflict between different translations of these terms, the English translation will prevail. Certain support services and related documents may be available in English only.
5.15 Complete Agreement; Force Majeure. This Agreement governs service transactions accepted by Flightwave. No other oral or written terms or conditions apply. Flightwave does not authorize any variance or modification of this Agreement. Flightwave is not responsible for any failures or delays in performing service or delivering your product or a replacement product that are due to events outside Flightwave’s reasonable control.
6. A) Country Variations United States of America
i) this Agreement. Interpretation. The provisions of this section will control if inconsistent with any provision of
ii) NOTICES TO CALIFORNIA CONSUMERS ONLY
a) An estimate for repairs, as required (section 9844 of the California Business and Professions Code), shall be given to the customer by Flightwave or a Flightwave approved service dealer in writing. Flightwave and / or the service dealer may not charge for work done or parts supplied in excess of the estimate without the prior consent of the customer. Where provided in writing the service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information, contact the Bureau of Electronic and Appliance Repair, Department of Consumer Affairs, Sacramento, CA 95814, U.S.
b) A buyer of this product in California has the right to have this product serviced and repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer’s hands for warranty repairs. If a defect exists during the warranty period, the warranty will not expire until the defect has been fixed. The warranty period also will be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. The time extension does not affect the protection or remedies the buyer has under other laws.
c) Sales Tax. In addition to the price of your purchase, Flightwave will charge you sales tax on applicable transactions based on your shipping address and the sales tax rate in effect at the time your order is billed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order is invoiced will apply. The proof of purchase that Flightwave sends to you will include any applicable sales tax.
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Flightwave Inc. Repair Terms & Conditions
(U.S. Retail Repairs)
These Terms & Conditions (T&Cs) govern the service of your product by Flightwave Inc. (”Flightwave”).
1. Flightwave will service your product as described and for the charges shown on the Work Authorization plus any applicable tax. Flightwave may restrict service to one (1) product per customer during your visit to the Flightwave Retail Store. When the service is covered by
Retail Store Service
In the event that Flightwave has, at any point in the future, retail store locations, these terms will apply to the service of Flightwave products requested through any Flightwave Retail Store, that is not covered by Flightwave’s warranty, a Flightwave Care Protection Plan or statutory warranty rights.
Flightwave’s warranty, extended service contract or consumer warranty law, those terms or applicable law will apply.
2. If service is needed due to failure of parts that are not original to the product or due to damage caused by abuse, misuse or any external cause, Flightwave reserves the right to return the product to you without servicing it, and may hold you responsible for any indicated diagnostic fee.
3. If service requires labor and/or parts not specified on the Work Authorization, Flightwave may seek your approval of a revised estimate. If you do not agree that Flightwave may revise the charges, Flightwave may return your product and hold you responsible for any indicated diagnostic fee.
4. Flightwave may use parts or products that are new or equivalent to new in reliability and performance. Flightwave will retain the replaced part or product that is exchanged as its property, and the replacement part will become your property. Replaced parts are generally repairable and are exchanged or repaired by Flightwave for value. If applicable law requires Flightwave to return a replaced part to you, you agree to pay Flightwave the additional cost of the replacement item.
5. Flightwave warrants for a period of ninety (90) days from the date of service (1) that service will be performed in a competent and workmanlike manner and (2) that all parts used to service your product will be free from defects in materials and workmanship, unless otherwise specified by Flightwave. The foregoing warranty is an express limited warranty and in the event of breach, Flightwave will either (i) re-perform the service, (ii) repair or replace the part, or (iii) refund the cost of the service provided. In order to claim under the warranty, you must return your product to the location where service was performed, at your expense. THIS WARRANTY AND ASSOCIATED REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. FLIGHTWAVE SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF FLIGHTWAVE CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE EXPRESS LIMITED WARRANTY. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIGHTWAVE AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SERVICES PROVIDED OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO 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, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT.THEFORE GOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. FLIGHTWAVE SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE YOUR PRODUCT WITHOUTRISKTOORLOSSOFPROGRAMSORDATA,AND(ii)MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN FLIGHTWAVE’S CUSTODY, FLIGHTWAVE’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, FLIGHTWAVE’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY FLIGHTWAVE FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY FLIGHTWAVE UNDER THESE TERMS AND CONDITIONS. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Flightwave that your product has been serviced, Flightwave will consider your product abandoned and may dispose of your product in accordance with applicable law.
8. If service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize Flightwave to transfer the information and accept such terms on your behalf in performing the service.
9. These T&Cs are governed by the laws of the State of California (without giving effect to its conflict of law provisions).
10. These T&Cs are the only ones that govern Flightwave’s service of your product.
1. AN ESTIMATE FOR REPAIRS, AS REQUIRED (SECTION 9844 OF THE CALIFORNIA
BUSINESS AND PROFESSIONS CODE), SHALL BE GIVEN TO THE CUSTOMER BY FLIGHTWAVE OR THE APPROVED FLIGHTWAVE SERVICE DEALER IN WRITING. THE SERVICE DEALER MAY NOT CHARGE FOR WORK DONE OR PARTS SUPPLIED IN EXCESS OF THE ESTIMATE WITHOUT THE PRIOR CONSENT OF THE CUSTOMER. WHERE PROVIDED IN WRITING THE SERVICE DEALER MAY CHARGE A REASONABLE FEE FOR SERVICES PROVIDED IN DETERMINING THE NATURE OF THE MALFUNCTION IN PREPARATION OF A WRITTEN ESTIMATE FOR REPAIR. FOR INFORMATION, CONTACT THE BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO, CA 95814.
2. A BUYER OF THIS PRODUCT IN CALIFORNIA HAS THE RIGHT TO HAVE THIS PRODUCT SERVICED AND REPAIRED DURING THE WARRANTY PERIOD. THE WARRANTY PERIOD WILL BE EXTENDED FOR THE NUMBER OF WHOLE DAYS THAT THE PRODUCT HAS BEEN OUT OF THE BUYER’S HANDS FOR WARRANTY REPAIRS. IF A DEFECT EXISTS DURING THE WARRANTY PERIOD, THE WARRANTY WILL NOT EXPIRE UNTIL THE DEFECT HAS BEEN FIXED. THE WARRANTY PERIOD ALSO WILL BE EXTENDED IF THE WARRANTY REPAIRS HAVE NOT BEEN PERFORMED DUE TO DELAYS CAUSED BY CIRCUMSTANCES BEYOND THE CONTROL OF THE BUYER, OR IF THE WARRANTY REPAIRS DID NOT REMEDY THE DEFECT AND THE BUYER NOTIFIES THE MANUFACTURER OR SELLER OF THE FAILURE OF THE REPAIRS WITHIN SIXTY (60) DAYS AFTER THEY WERE COMPLETED. IF, AFTER A REASONABLE NUMBER OF ATTEMPTS, THE DEFECT HAS NOT BEEN FIXED, THE BUYER MAY RETURN THIS PRODUCT FORAREPLACEMENT ORAREFUNDSUBJECT,INEITHERCASE,TO DEDUCTION OF A REASONABLE CHARGE FOR USAGE. THE TIME EXTENSION DOES NOT AFFECT THE PROTECTION OR REMEDIES THE BUYER HAS UNDER OTHER LAWS.