1. Acceptance. UAV Factory accepts orders only by way of written Purchase Order specifying the UAV Factory part numbers or full details of any special requirements. Purchase Order should have a reference number for the valid quotation issued by UAV Factory. All orders are subject to acceptance by UAV Factory. Submission of a Purchase Order shall constitute acceptance of UAV Factory Terms and Conditions of Sale, set forth herein and in any Quotation provided by UAV Factory. These Terms and Conditions shall supersede any inconsistent provisions contained on Buyer’s Purchase Order. The Order is transferred to production only after the payment is received as per agreed prepayment conditions.
2. Product Specifications. The specifications provided on the UAV Factory website, literature, or in any written quotations are intended to be accurate. However, UAV Factory reserves the right to change specifications and makes no claim about the suitability of its products for any particular intended purpose.
3. Purchaser’s Property. If the Purchase Order includes work to be done on property or material supplied by Purchaser, UAV Factory shall not be liable for any loss or damage to Purchaser’s property during UAV Factory’s manufacturing process, unless the loss or damage was the result of the negligence or other willful act on the part of UAV FACTORY.
4. Pricing. Published prices are subject to change without notice. Failure to object to the price change on custom order after notice shall be deemed to be acceptance of the price change. Prices are EXW Riga, Latvia and do not include freight, duty and insurance fees and export licenses if required. Prices quoted are exclusive of, and Buyer agrees to pay, any state or local excise, sales, use, VAT, personal property or any other tax. Prices quoted are held for 60 days unless quoted otherwise.
5. Minimum Order. $500.00
6. Delivery. Items in stock will be shipped within 10-15 business days from receipt of payment For items not in stock, an estimated delivery date will be specified upon acceptance of the order. After acceptance of an order, UAV Factory will provide an estimated delivery date and will use its best efforts to meet the estimated delivery date. Delivery dates are subject to change if property or material to be supplied by Purchaser does not arrive by the date mutually agreed to by the parties. UAV Factory is not responsible for any consequential damage caused by late delivery. UAV Factory will notify Buyer of any anticipated delay in delivery. UAV Factory reserves the right to ship ahead or reschedule unless the Buyer specifies otherwise.
7. Shipping Terms. Insurance. UAV Factory assures proper packaging and will ship by any method selected by UAV Factory unless otherwise specified in Buyer’s Purchase Order. Shipping and handling charges are prepaid and added to Buyer’s invoice. UAV Factory may, in its discretion, provide insurance for the shipment, unless specifically requested to provide insurance by Buyer in the Purchase Order. Any insurance requested shall be prepaid by Buyer or added to Buyer’s invoice. UAV Factory shall not be liable for loss or damage to the goods after delivery of the product to a common carrier.
8. Terms of Payment. Orders for delivery to Buyers must be fully prepaid in US dollars or, Euros unless specified differently in the formal quotation. UAV Factory only accepts bank wire transfers.
9. Warranties. Equipment warranty is applicable only when operated and maintained by UAV Factory certified operators. All warranties apply only to the first end-user of the product. This warranty applies only to hardware products manufactured by or for Seller that can be identified by the Seller’s trademark, trade name, serial number, or logo affixed to them. The warranty does not apply to any non-Seller hardware products or any third-party software, even if packaged, integrated with, or sold with UAV Factory hardware. In some cases, manufacturers, suppliers, or publishers, other than Seller (“third-party providers”) may provide warranties to the end-user purchasers.
Stock Products. UAV Factory products are warranted to meet or exceed the stated specifications, and to be free from defects in material or workmanship. This warranty shall be valid for thirty days from invoice date and is subject to the Return Policy set forth in these Terms and Conditions.
Epsilon Series. Seller warrants Epsilon series products to meet or exceed the stated specifications, and to be free from defects in material or workmanship. This warranty shall be valid for one year or One Thousand (1,000) hours of powered use (as measured by an internal timer), whichever occurs first, in each case from the time of shipment, under normal use and service. All Epsilon series products should be installed and operated on a manufacturer-provided vibration isolator. Warranty shall not be applicable if the gimbal is operated hard-mounted.
Custom Products. Specially manufactured or custom products are warranted to be free from manufacturing defects and meet your written specifications only. This warranty is valid for sixty days from invoice date and is subject to the Return Policy set forth in these Terms and Conditions.
The following provisions are applicable to stock products, Penguin family of products, Epsilon series products, and Custom products:
- Buyer accepts all responsibility for damage and loss caused during the operation of the product. Parts and/or Goods damaged during operation will not be covered by the warranty unless such damage was caused by a manufacturing defect of such Parts and/or Goods by Seller. Any flight accident must be reported within 72 hours by Buyer on a UAV Factory incident reporting form and provided together with the requested telemetry files and video files (if applicable) and any other information mentioned in the UAV Factory accident reporting form and related to that accident. If the report and information are not provided within the required time Seller may decline to provide Warranty service. In the event, Buyer is found to have provided wrong or modified date, or in any other way information intended to deceive Seller, then Seller may decline to provide Warranty service.
- Seller will provide reasonable resources to investigate the accident cause and provide the Buyer with the feedback on the root cause of the accident.
- Failure to provide valid telemetry files and requested documents automatically removes UAV Factory of any responsibility for the incident.
- In case the incident or accident analysis requires more than five (5) hours of labour from UAV Factory, Buyer agrees to pay for the additional labour at a standard rate of 180 EUR/hour.
- In case the incident or accident was caused by operator error, exceeding the operational limits, operator negligence, or failure to follow the procedures outlined in the product documentation, Buyer agrees to pay for the investigation at manufacturer’s standard rate of 180 EUR/hour plus any additional expenses such as engineering tests, flight tests, and engine tests.
- Regardless of the root cause of the incident or accident, in case the product needs to be sent to UAV Factory for the investigation, Buyer agrees to cover all expenses of shipping the product to UAV Factory and from UAV Factory. Buyer also agrees to pay for any packaging expense.
- This warranty does not extend to any product if found that Buyer did not follow UAV Factor’s operational and maintenance manuals, which caused or may have caused the incident or accident. Such procedures and manuals include, but are not limited to, maintenance manuals, operating manuals, operator qualifications, and training procedures.
- This warranty is only applicable to Seller's products that are returned and received by Seller within twelve months from the date of shipment and which Seller determines to be defective within the terms of this warranty. Seller's obligations, with respect to such applicable warranty returns, are limited to repair, replacement, or refund of the purchase price actually paid for the product, at Seller's sole option. Please refer to Paragraph 10 Return policy for the applicable return procedure.
- Seller shall bear reasonable returning shipping costs of items returned under Warranty. If Seller determines that the returned items are not eligible for warranty repair, then Buyer shall be responsible for all shipping costs and all costs of test, evaluation, repairs necessary to complete test and evaluation, and repair or replacement. In case Buyer would like to expedite the delivery of the items returned under Warranty, Buyer agrees to pay the difference between the standard and expedited methods.
- Repaired or replaced items shall be warranted for a period which is the greater of either (1) 90 days or (2) the unexpired portion of the original warranty period as of the date of notice to Seller of the warranty failure.
- This warranty does not extend to any product which has been subjected to misuse, abuse, neglect, accident, improper installation, improper operation, use, operation, or exposure to conditions in violation of instructions furnished by Seller, or which has been repaired or altered by Buyer or persons other than Seller, or which has been subjected to improper voltages, environmental conditions beyond the item specified performance requirements, improper signals, excessive testing, lifetime testing, accelerated lifetime testing, any testing intended to test or evaluate the limits of the item’s lifetime, or testing or operation exceeding the item product specifications.
Please note that the specifications of a product may vary from the published specifications, depending on the application of specific factors, including but not limited to, installation methods, mounting and platform characteristics, and operator skills; other equipment used with the Goods; and environmental and actual climatic conditions (Variables). No product shall be deemed defective by reason of normal wear and tear, the impact of Variables, or Buyer's failure to properly store, secure, install, operate, or maintain the products in accordance with good industry practices or specific recommendations or instructions of Seller.
10. Return Policy.
- Stock and Epsilon Products. If Buyer believes that a product is defective or did not meet UAV Factory stated specifications, Buyer may return the product within 30 days of the invoice date. Prior to the return of the product, Buyer must obtain a RETURN AUTHORIZATION NUMBER. No product will be processed without a RETURN AUTHORIZATION NUMBER. A buyer should then pack the product carefully and return it to UAV Factory, freight prepaid, together with an explanatory note and the RETURN AUTHORIZATION NUMBER. The returned product must be in the original package and free of any defect or damage caused by shipping. If UAV Factory finds that the product does not meet the specifications set forth in paragraph 9 for stock or Epsilon products, UAV Factory shall, at its sole option, either refund the purchase price, repair the defect, or replace the product. If UAV Factory determines that the returned product meets the specifications set forth in paragraph 9 for stock products or Epsilon product, then the product shall be returned to Buyer, after Buyer shall pay all associated expenses, including labour, administrative expenses, shipping, packaging, and handling expenses.
- Custom Products. Custom products may not be returned unless they do not meet Buyer’s specifications or contain a manufacturing defect. If Buyer believes that a custom product is defective or did not meet the Buyer’s specifications, Buyer may return the product within 60 days of invoice date Prior to the return of the product, Buyer must obtain a RETURN AUTHORIZATION NUMBER. No product will be processed without a RETURN AUTHORIZATION NUMBER. Buyer should then pack the product carefully and return it to UAV Factory, freight prepaid, together with an explanatory note and the RETURN AUTHORIZATION NUMBER. The returned product must be in the original package and free of any defect or damage caused by shipping. If upon receipt of the product UAV Factory determines that the product did not meet Buyer’s specifications or is not free from defect, UAV Factory shall, at its sole option, either refund the purchase price, repair the defect, or replace the product.
11. Support Services. Nothing in these Terms and Conditions shall be construed as requiring UAV Factory to provide support services to Buyer. UAV Factory shall provide support services to Buyer in accordance with a separate agreement.
12. Proprietary Rights. UAV Factory shall retain all rights to technical data and information, whether patentable or not, arising out of or evolving as a result of the manufacture of products meeting Buyer’s specifications. Buyer agrees not to assert against UAV Factory any patent rights the scope of which is included within the manufacture of products delivered hereunder by UAV Factory, and which relate to an invention made by or for Buyer on a date subsequent to the date of delivery of the product to Buyer. Buyer warrants that the use of any product purchased from UAV Factory shall not infringe on the proprietary rights of third parties. If Buyer has purchased a Custom product, Buyer further warrants that it has proprietary rights to the specifications provided to UAV Factory and that no third-party has any proprietary claim to the specifications, other than as may exist in the public domain.
13. Disclaimer. UAV Factory is not liable and/ or responsible for the usage of the product which has been modified or changed, or to which has been attached anything without the prior authorization or approval of UAV Factory. Buyer shall be solely responsible for the operation of the product in accordance with federal, state, or local laws and regulations related to the UAV systems flights rules and regulations.
14. Insurance. Buyer shall purchase and maintain full liability insurance for all product purchased from UAV Factory.
15. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the Republic of Latvia.
UAVFACTORY (c) 2020