(406) 333-1795 [email protected]

Service Warranty

Limitation of Liability

IN NO EVENT SHALL VISION AERIAL BE LIABLE TO PURCHASER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE VISION AERIAL DRONES OR FOR LOSS OF USE, DATA, OR PROFITS (HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY), EVEN IF VISION AERIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VISION AERIAL’S LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO VISION AERIAL FOR SUCH PRODUCT. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT SHALL VISION AERIAL’S LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY PURCHASER TO VISION AERIAL FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL VISION AERIAL BE LIABLE FOR COSTS OF PROCUREMENT OR SUBSTITUTE GOODS BY PURCHASER. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST PURCHASER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Vision Aerial shall not be liable for damages or injuries incurred directly or indirectly from improper maintenance, servicing, and operation, including, but not limited to, the following situations:

  • Failure of the operator to follow proper instructions and safety warnings.
  • Failure of the operator to follow and comply with local rules and regulations.
  • Failure of the operator to inspect the drone and its components prior to operation.
  • Failure of the operator to properly maintain and/or service the drone through an authorized Vision Aerial service center with genuine Vision Aerial parts.
  • Use of third-party products on the Vision Aerial systems.
  • Use of the Vision Aerial drones in a physically or mentally impaired capacity.
  • Use or service Vision Aerial drones without sufficient training.
  • Use of or access to Vision Aerial drone’s advanced settings without proper written authorization from a representative of Vision Aerial.
  • Use of the Vision Aerial drones in unsafe conditions, including but not limited to bad or severe weather, such as rain, wind, snow, lightning, dust storms, etc., or in areas of magnetic or radio interference, such as power stations, broadcasting and cell phone towers, government prohibited airspace, etc.
  • Failure to comply with Flight Critical Service Notifications 
  • Improper operation, misjudgment, or risky behavior while using a Vision Aerial drone.
  • Infringement of third-party data, audio, or video rights recorded when using the Vision Aerial drones.

Limited Warranty

Vision Aerial Inc. (“Manufacturer”) warrants to the original end-user (“Purchaser”) that for one year following the date of delivery of our Product (“Warranty Period”), the Product (excluding (i) any third-party-made products and (ii) any third party software) will be free from defects in materials and workmanship when properly installed and used for its intended purpose and in its intended operating environment. This warranty does not apply to any Product that has been: (i) altered, repaired, or modified or (ii) damaged or destroyed by accidents or similar events or by any intentional, reckless, or negligent acts or omissions of any party other than Manufacturer. In the event of a defect, return the Product to the original place of purchase or Manufacturer, but only after instructed to do so by the Manufacturer. Purchaser shall provide proof of purchase to file a warranty claim. The proof of purchase shall include any and all identifying information such as invoice number, date of purchase, P.O. number, authorized reseller name, etc. Purchaser shall ship and bear the cost of shipping the Product to Manufacturer, and Manufacturer shall bear the cost of shipping the Product back to Purchaser within the contiguous United States of America after the completion of service under this limited warranty. Purchaser’s exclusive remedy and Manufacturer’s entire liability under this warranty will be for Manufacturer at its option to repair or replace the Product or refund purchase price less any rebates. Purchaser assumes all liability and, as such, releases Manufacturer from any liability for any accident, injury, damage, death, loss, illegal activity or any other claim that may occur resulting from or during the use of the Product, whether or not such use is foreseeable by Manufacturer.

In the event that a Vision Aerial system is purchased by an authorized reseller, the limited warranty will begin upon the reseller’s sale of the system or after six (6) months from the date of manufacture, whichever occurs sooner. 

MANUFACTURER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Purchaser. This warranty gives Purchaser specific legal rights, and Purchaser may also have other rights which vary by jurisdiction.

All third-party software provided with the Product is provided “AS IS.” Purchaser assumes the entire risk as to the quality, performance, accuracy, and effect of such software, and should it prove defective, Purchaser, and not Manufacturer, assumes the entire cost of all necessary servicing or repair. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MANUFACTURER BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING DAMAGE TO PAYLOAD, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MANUFACTURER’S LIABILITY EXCEED THE AMOUNT PAID BY PURCHASER FOR THE PRODUCT (EXCLUDING PAYLOAD OR OTHER COMPONENTS NOT MANUFACTURED BY MANUFACTURER).

The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Purchaser.

Manufacturer Disclaimer: All purchasers, users, and any or all parties involved or engaging in the use of Products agree to the following:

  • Manufacturer does not promote or endorse high-risk, careless, and/or dangerous actions when using their products.
  • Manufacturer is not liable for any use or misuse of its products.

Governing Law and Arbitration. This Limited Warranty shall be governed by the laws of the State of Montana without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost-effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within Gallatin County, Montana for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Manufacturer may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

CAUTIONS AND WARRANTY

Repairing or Modifying: Never attempt to repair or modify any Product yourself. Disassembling a Product, including removing external components, may cause damage not covered under the warranty. The Product does not contain any user-replaceable parts, excluding, but not limited to; rotors and batteries.