Warranty and After-sales Policy

Pegasus Robotics Inc. Limited Warranty and After-Sales Policy

Important Notice:  Please read this Limited Warranty and After-Sales Policy (“Limited Warranty”) prior to purchasing products from Pegasus Robotics Inc., a Washington limited liability company (“Pegasus Robotics”).  By purchasing or using the products, you are acknowledging that this Limited Warranty is a part of the terms of the sale.

 

1. WHO IS COVERED?

 

This Limited Warranty only applies to the you as the original purchaser (“Original Owner”) who directly purchased this product from Pegasus Robotics for your personal use.  This Limited Warranty is not transferable and shall be void and of no force or effect upon resale or transfer.

 

2. WHAT IS COVERED?

 

Subject to the terms and conditions of this Limited Warranty, Pegasus Robotics warrants to the Original Owner that Agricultural Drones, Unmanned Ground Vehicles, and Sensing Drones purchased from Pegasus Robotics shall be reasonably free from any defects in materials or workmanship for a period of 12 months after the date of the first flight; provided.  The date of first flight is determined by XAG Flight Log. The Limited Warranty covers repairs and replacement parts, including labor costs.  

 

3. EXCLUSIONS

 

Exclusions.  This Limited Warranty does not cover the following:

 

Shipping Not Included.  Repair or replacement of products during the applicable warranty period shall not including shipping costs to and from Pegasus Robotics.

 

Improper Installation, Storage and Use.  This Limited Warranty does not cover products that have been modified or that have not been installed in strict conformity with the applicable instruction manual.  Damage or defects caused by improper storage, transportation, installation, use, maintenance or alteration of the products, including, without limitation, failure to strictly comply with the applicable product manual and this Limited Warranty are excluded.  Damage or defects arising from use beyond product specifications are excluded.  Pegasus Robotics does not warrant uninterrupted or error-free operation of products.  Damage or defects resulting from any unauthorized technical, firmware, or other support, including, without limitation, third-party assistance and inaccurate product set-up and installation, are excluded.  Damage caused by operation of products with a low-charged or defective battery is excluded.  Damage caused by a forced flight when components have aged or have been damaged is excluded.  Damage caused by operating products at a weight greater than the safe takeoff weight, as specified by the applicable instruction manuals, is excluded.  Damage caused by operating products in an environment affected by interference from other wireless devices (e.g. transmitter, video-downlink, Wi-Fi signals, etc.) is excluded.  Damage caused by operating products in an environment with electromagnetic interference (i.e. in mining areas or close to radio transmission towers, high-voltage wires, substations, etc.) is excluded.  Damage caused during flights which did not conform with instruction manual recommendations is excluded.  Damage caused by operation in bad weather (e.g. strong winds, rain, snow, storm, hurricane, tornado, etc.) is excluded.  Damage caused by improper installation, incorrect use, or operation not in accordance with official instructions or manuals (such as excessive voltage, irregular maintenance, ignoring airspace controls, etc.) is excluded.

 

Operator Error.  Damage or defects caused by operator error, including, without limitation, failure to conduct proper pre-flight surveys and inspections, failure to perform prepare set-up and all necessary actions required under the standard operating procedures of the products is excluded.  Crashes or fire damage caused by factors unrelated to manufacturing of the products, including, without limitation, pilot error, is excluded.  Damage to the products due to lack of flying experience or reckless flying is excluded.

 

Software and Firmware.  Software and firmware, and any damage or defect caused by or resulting from software or firmware, including any software included with products or subsequently installed or updated, are excluded.

 

Remote Sensing Drone Battery.  The Remote Sensing Drone battery is excluded from this Limited Warranty.

 

Alterations and Third-Party Parts.  Damage, defects, reliability, and compatibility problems caused by use of replacement parts or other accessories that are not manufactured or sold by Pegasus Robotics for use with the products are excluded, including any other parts or products manufacturer by XAG but not sold by Pegasus Robotics.  Any alternations, modifications, disassembly or shell opening of the products shall void this Limited Warranty.  Application of after-market parts, software, or firmware shall void this Limited Warranty.  Damage caused by unauthorized modification of circuits and mismatch or misuse of the battery and charger is excluded.

 

Impact Damage.  Impact damage, such as cracks or chips, or other crash impacts, breakage or distortion are excluded.

 

Crash Damage.  Once the drone is crashed, the warranty of all the parts on the drone will be voided.

 

Structural Damage or Modifications.  Damage or defects resulting from structural degradation or modification, including, without limitation, bending, curving, milling or reducing the thickness of the products are excluded.

 

Failure to Maintain.  Damage or defects that could have been avoided by performance of proper routine maintenance and care, as described in the applicable product manual, are excluded.  Damage caused by a non-authorized service provider is excluded.

 

Moisture.  Any water damage due to exposure to snow, rain, bodies or water or other similar conditions shall not constitute a defect in materials or workmanship and shall be excluded.  Damage caused by water infiltration other than as a result of a defect in materials or workmanship is excluded.

 

Data and Records.  Loss of, or damage to, data generated by the products are excluded.

 

Normal Wear and Tear.  Damage or defects from normal wear and tear and depletion of consumable parts is excluded.  This Limited Warranty excludes the dissipation of gas over time and any resulting clouding of lens.  

 

Other.  Any other damage or defects caused by conditions beyond the reasonable control of Pegasus Robotics including, without limitation, defects caused by fire, freezing, explosion, earthquake, storm, flood, wind, drought, terrorist attacks, riots, coups, or act of God shall be excluded.  The Limited Warranty shall not apply to products that are stolen, go missing, or are abandoned.

 

4. Limitation of Liability

 

Limitation of Liability.  Pegasus Robotics shall not be responsible for damage or injury caused in whole or in part by casualty, acts of God, site conditions, vandalism, or accidents.  No claim by the Original Owner of any kind shall be greater in amount than the original purchase price of the products in respect to which damages are claimed.  In no event shall Pegasus Robotics be liable in tort, contract or otherwise, for any special, direct, indirect, incidental, consequential, reliance, statutory, punitive or exemplary damages, including, without limitation, lost profits, loss of use, loss of time, inconvenience, damage to good will or reputation, or loss of data, even if advised of the possibility of such damages or such damages could have been reasonably foreseen, in connection with, arising out of, or as a result of, the sale, delivery, servicing, use or loss of use of the products, or for any liability of the Original Owner to any third party with respect thereto.

 

Indemnification and Release.  You agree to indemnify, defend, hold harmless and release Pegasus Robotics and its managers, members, employees, and agents from any and all liability, including, without limitation, claims, expenses, costs, causes of action, bodily injury claims, property damage claims, and other damages, resulting from your violation of the terms and conditions of this Limited Warranty, including operation of products.

 

No Other Warranties.  The warranties set forth in this Limited Warranty are the only warranties made by Pegasus Robotics in connection with the products.  Pegasus Robotics makes no implied or other express warranties with respect to the products, and disclaims all other warranties, including, without limitation, any warranty of merchantability, fitness for a particular purpose, warranty arising from a course of performance, warranty arising from a course of dealing or usage of trade.  Pegasus Robotics’s sole obligation under this Limited Warranty shall be repair or replacement of products or parts of products that are defective in material or workmanship, or at the option of Pegasus Robotics return of the products and a refund of the original purchase price.  The Original Owner assumes all risks whatsoever as to the result of the use of the products purchased, whether used singularly or in combination with any other products or substances.

 

Transit and Data.  Pegasus Robotics is responsible for loss or damage to products only while in the possession of Pegasus Robotics and not during transit to or from Pegasus Robotics. Pegasus Robotics is NOT responsible for the loss or disclosure of any data, including confidential information, proprietary information, or personal information, contained in a product.

 

5. CONDITIONS FOR COVERAGE

 

This Limited Warranty is valid only if the purchase price of the product has been fully paid to Pegasus Robotics proof of purchase has been provided, the product has been transported, stored, installed, used, and maintained in accordance with the applicable product manual, a Claim has been made to Pegasus Robotics within 30 days of discovery of the subject defect in materials or workmanship, and Original Owner has complied with all of the other terms and conditions provided for herein.  Pegasus Robotics reserves the right to deny a Claim in the event that you fail to provide a warranty card or proof of purchase, or the product serial numbers of the products do not match the returned products, or if there is evidence of tampering or alteration of the products or any parts incorporated into the products, including alterations or removal of product identification labels, serial numbers, and waterproof marks.

 

6. WARRANTY SERVICE

 

To obtain warranty service, contact the Service Center at:

Serivce Center

54764 State Highway 6

Edina MO 63537-4125

United States

You can obtain warranty service only at a designated Pegasus Robotics repair center in the region where you purchased the product. However, depending on part availability, you may be able to obtain cross-regional repair service at an additional charge.  Please contact the Service Center for more information about the warranty service repair process.

 

In making a claim under this Limited Warranty (“Claim”), please provide your name, address, phone number, description of the products involved, an description of the defect, and proof of purchase.  Photo and video information demonstrating the problem may be requested.  

Many of the issues customers report may result from incorrect installation or settings.  Pegasus Robotics may provide remote troubleshooting assistance to resolve such issues; however, Pegasus Robotics may require you to ship the products back to Pegasus Robotics at your cost for inspection to assess the validity of the Claim and to cooperate in their effort to satisfy the obligations of this Limited Warranty.  

Please be aware that where the product is capable of retaining user-generated data, this may be lost during the warranty service process. We, therefore, recommend that you back up your data prior to any repair or replacement.

Upon receiving the Claim, Pegasus Robotics will investigate the Claim and begin to take appropriate action within 30 days after receipt of a complete Claim.  If Pegasus Robotics determines that a Claim qualifies for warranty coverage during the Warranty Period, Pegasus Robotics at its sole discretion will:

• ship you replacement parts if such parts are easy to install;

• repair the products;

• replace the products with a product of equivalent functionality;

• or

• refund the original purchase price.

Pegasus Robotics shall be the final arbiter of all claims and interpretations made against this Limited Warranty and its determination shall be final.  No other party is authorized to make any representations or warranties outside of this warranty on behalf of Pegasus Robotics.  Refurbished products or parts may be used to repair the products and shall be in good working order and at least functionally equivalent to the original product or part.  Pegasus Robotics’s obligation to repair or replace products shall be limited to repair or replacement with styles, models, products, and colors that are available at the time of repair or replacement.  

 

Any repaired or replaced products shall also remain subject to the original warranty period, and any repair or replacement shall not extend the warranty period or commence a new warranty period.

 

In the event that Pegasus Robotics determines that products are not covered under this Limited Warranty, Pegasus Robotics may inform you of the estimated cost to assess, repair, or replace and return ship the affected products or parts.

 

In the event that after-sales service involves the replacement of a product or part, the replaced product or part shall become the property is XAG or Pegasus Robotics and the replacement product or part becomes your property. Only unaltered XAG products and parts are eligible for replacement.

 

7. Federal Aviation Administration UAS Licenses; Compliance with Law

 

You acknowledge and agree that the use of unmanned aircraft systems is an evolving area of law and regulation, and that applicable federal, state, and local laws and regulations, as such may be enacted or amended from time to time, may impair or prevent your use of the products, and that you are purchasing the products fully informed of such risk and hereby release Pegasus Robotics from any liability regarding the lawful use of the products.  You agree to use the products in strict compliance with all applicable federal, state, and local laws and regulations, as such may be enacted or amended from time to time.

 

In particular, and without limitation, you acknowledge that you are solely responsible for obtaining all certifications, exemptions, licenses, and permits required to operate the products.  You acknowledge that unmanned aircraft systems that weigh 55 pounds or more require a special exemption with the Secretary of Transportation under the Special Authority for Certain Unmanned Systems, 49 U.S.C. §44807 and a Private or Commercial Agricultural Aircraft Operator Certificate under Title 14 of the Code of Federal Regulations (14 CFR), part 137 for permission to dispense or spray any economic poison and substances intended for plant nourishment, soil treatment, propagation of plant life, or pest control, and other activities that directly affect agriculture, horticulture, or forest preservation. You acknowledge that additional federal, state, and local laws and regulations, whether currently in force or later enacted or amended from time to time, govern use of the products, and that you are solely responsible for comply with such laws and regulations.  You hereby release Pegasus Robotics from, and Pegasus Robotics disclaims, any and all representations or warranties regarding your ability to obtain all required certifications, exemptions, licenses, and permits to operate the products.  

 

8. GENERAL PROVISIONS

 

Entire Agreement.  The foregoing is the complete warranty for Pegasus Robotics and supersedes all other representations and warranties, whether oral or written.  Except as expressly set forth herein, no other warranties are made with respect to the products and Pegasus Robotics expressly disclaims all warranties not expressly set forth herein, including, to the extent permitted by applicable law.

 

Severability.  If any provision of this Limited Warranty is held to be illegal or unenforceable, it shall be severed from this Limited Warranty and the legality or enforceability of the remaining terms shall not be affected.

 

Governing Law.  This Limited Warranty shall be governed by and construed under the laws of the State of Washington.

 

State Law.  This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.  Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages, so those exclusions may not apply in those jurisdictions.  In the event state or provincial law precludes exclusion or limitation of implied warranties, the duration of any such warranties shall be no longer than, and the time and manner of presenting any claim thereon shall be the same as, that provided in the express warranty stated herein.  If state or provincial law preclude the prohibition on transferability, then the warranty period shall be effective up to one year from the date of initial purchase.

 

No Third Party Beneficiaries.  This Limited Warranty is made only for the benefit of you and Pegasus Robotics and the successors and assigns of Pegasus Robotics and no third party shall have any rights hereunder, whether by agency, as a third party beneficiary, or otherwise.

 

Modification.  No distributor, dealer or representative of Pegasus Robotics has the authority to modify this Limited Warranty.  You acknowledge that you have read this Limited Warranty, understand it, and agree to be bound by its terms and conditions.