IMPORTANT: BY USING YOUR FLIGHTWAVE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE FLIGHTWAVE 1 YEAR LIMITED WARRANTY ("WARRANTY") AS SET OUT BELOW. DO NOT USE YOUR FLIGHTWAVE OR RELATED PRODUCTS UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY.
IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN FLIGHTWAVE'S RETURN POLICY (FOUND ON OUR WEBSITE AT https://wordpress-580703-1879678.cloudwaysapps.com) TO FLIGHTWAVE OR THE AUTHORIZED DISTRIBUTOR WHERE YOU PURCHASED IT FOR A REFUND.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, FLIGHTWAVE DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTHARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. FLIGHTWAVE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, FLIGHTWAVE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT FLIGHTWAVE'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOMESTATES(COUNTRIESANDPROVINCES)DONOTALLOWLIMITATIONS ONHOWLONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Flightwave Corp. of Santa Monica CA, USA ("Flightwave") warrants the Flightwave-branded hardware product and Flightwave-branded accessories contained in the original packaging ("Flightwave Product") against defects in materials and workmanship when used normally in accordance with Flightwave's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Flightwave's published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-Flightwave branded hardware products or any software, even if packaged or sold with Flightwave's hardware. Manufacturers, suppliers, or publishers, other than Flightwave, may provide their own warranties to you – please contact them for further information. Software distributed by Flightwave with or without the Flightwave brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Flightwave does not warrant that the operation of the Flightwave Product will be uninterrupted or error-free. Flightwave is not responsible for damage arising from failure to follow instructions relating to the Flightwave Product's use.
This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports or parts unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Flightwave Product's specifications (Flightwave Product specifications are available at www.Flightwave.aero under the technical specifications for each product ); (d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the Flightwave Product outside Flightwave's published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Flightwave or a Flightwave Authorized Service Provider ("FASP"); (g) to a Flightwave Product that has been modified to alter functionality or capability without the written permission of Flightwave; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Flightwave Product; (i) if any serial number has been removed or defaced from the Flightwave Product; or (j) if Flightwave receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate any software or other enabled security measures designed to prevent unauthorized access to the Flightwave Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
IF YOUR FLIGHTWAVE PRODUCT IS CAPABLE OF STORING SOFTWARE PROGRAMS, DATA AND OTHER INFORMATION, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, Flightwave or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Flightwave's procedures for obtaining warranty service. Before submitting your Flightwave Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable any or all security passwords.
DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE FLIGHTWAVE PRODUCT'S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT FLIGHTWAVE AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE FLIGHTWAVE PRODUCT SERVICED.
Following warranty service your Flightwave Product or a replacement device will be returned to you as your Flightwave Product was configured when originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.
WHAT WILL FLIGHTWAVE DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Flightwave or a FASP in accordance with this warranty, Flightwave will, at its option:
(i) repair the Flightwave Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the Flightwave Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the Flightwave Product for a refund of your purchase price.
Flightwave may request that you replace certain user-installable parts or Flightwave Products. A replacement part or Flightwave Product, including a user-installable part that has been installed in accordance with instructions provided by Flightwave, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a Flightwave Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Flightwave's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review all online help resources at wordpress-580703-1879678.cloudwaysapps.com before seeking warranty service. If the Flightwave Product is still not functioning properly after making use of these resources, please contact a Flightwave representative or FASP. A Flightwave representative or FASP will help determine whether your Flightwave Product requires service and, if it does, will inform you how Flightwave will provide it. When contacting Flightwave via telephone, other charges may apply depending on your location.
WARRANTY SERVICE OPTIONS
Flightwave will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your Flightwave Product to Flightwave or a FASP location offering carry-in service. Service will be performed at the location, or if a FASP – the FASP may send your Flightwave Product to a Flightwave Repair Service ("FRS") location to be serviced. Once you are notified that service is complete, you will retrieve the Flightwave Product from Flightwave or the FASP location without delay unless Flightwave notifies you that the Flightwave Product will be sent directly to your location from the FRS location.
(ii) Mail-in service. If Flightwave determines that your Flightwave Product is eligible for mail-in service, Flightwave will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Flightwave product, so that you may ship your Flightwave Product to an FRS or FASP location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the FRS or FASP location will return the Flightwave Product to you. Flightwave will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Flightwave Product are followed.
(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Flightwave Product. If DIY parts service is available in the circumstances, the following process will apply. (a) Service where Flightwave requires return of the replaced Flightwave Product or part. Flightwave may require a credit card authorization as security for the retail price of the replacement Flightwave Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Flightwave will offer alternative arrangements for service. Flightwave will ship a replacement Flightwave Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Flightwave Product or part. If you follow the instructions, Flightwave will cancel the credit card authorization, so you will not be charged for the Flightwave Product or part and shipping to and from your location. If you fail to return the replaced Flightwave Product or part as instructed or return a replaced product or part that is ineligible for service, Flightwave will charge your credit card for the authorized amount.
(b) Service where Flightwave does not require return of the replaced Flightwave Product or part. Flightwave will ship you free of charge a replacement Flightwave Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Flightwave Product or part.
(c) Flightwave is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact Flightwave at the telephone number listed at wordpress-580703-1879678.cloudwaysapps.com. Flightwave reserves the right to change the method by which Flightwave may provide warranty service to you, and your Flightwave Product's eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Flightwave Product cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Flightwave may repair or replace Flightwave Products and parts with comparable Flightwave Products and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLIGHTWAVE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM 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 BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE FLIGHTWAVE PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE FLIGHTWAVE PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. FLIGHTWAVE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY FLIGHTWAVE PRODUCT UNDER THIS WARRANTY OR REPLACE THE FLIGHTWAVE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE FLIGHTWAVE PRODUCT.
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.
No Flightwave reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the Flightwave Product purchase took place. Flightwave or its successor in title is the warrantor under this Warranty.
© 2016 Flightwave Inc. All rights reserved. Flightwave and the Flightwave logo are trademarks of Flightwave Aerospace Corporation., registered in the U.S. and other countries.