Meteomatics Meteodrones Limited Warranty

1 Limited Warranty

These Meteomatics After-Sales Policies (these “Policies”) apply to Meteomatics (and/or its Affiliates) Meteodrone products purchased from Meteomatics, its Affiliates or its authorised retailers. Customer is aware that the drones can be regarded as dual-use goods. Thus, Customer is not allowed to resell the Meteodrones to third parties; unless the right to resell the drones is expressly granted in a separate written agreement. The granting of the resale right is subject to the approval of Meteomatics. Meteodrones products are part of the definition of Equipment as defined in the GTC. The GTC also apply to those Policies.

2 What is covered by these Policies?

Meteomatics warrants solely for the duration of the warranty period that every Equipment that is subject to this Limited Warranty will be free from material and workmanship defects. This coverage is subject to the condition of ordinary use and subject to the condition that the regulations for the use of Meteomatics (amongst others the recommended use, maintenance and cleaning instructions of Meteomatics as well as user manuals, safety guidelines, operator training, service communication, specifications, etc.), are fully complied with.

The warranty period for all Equipment is 12 months. The warranty period for Equipment starts on the day of delivery of Equipment, unless otherwise agreed upon between Customer and Meteomatics. Customer notes that is possible to extend the warranty period via the purchase of a maintenance package from Meteomatics. As soon as the warranty period has ended, all warranty claims against Meteomatics expire.

3 How to obtain warranty service from Meteomatics?

Immediately after discovering that an Equipment does not function as warranted during the warranty period, Customer must obtain after-sales service by contacting Meteomatics’ support department. Customer will need to provide a valid proof-of-purchase, receipt, or order number for the warranty service as well as a clear and substantiated description of the defect (including pictures showing the defect). If Meteomatics is not notified immediately after discovering of the defect or immediately after such a defect should have been discovered by Customer (as it could have been expected from an experienced user) or if a defect is not properly reported, the warranty of Meteomatics expires. Note that the obligation to verify the quantity and quality of Equipment upon deliver is regulated in the GTCs.

Customer notes that Meteomatics will have to apply charges for services which are not covered by this Limited Warranty. For case specific information, the competent Meteomatics agent at the respective location must be contacted.

Customer notes that the warranty service is only available in the respective Meteomatics service regions where Meteomatics Equipment has been purchased. Thus, if the Equipment amongst others gets exported to another region, the warranty expires.

4 What will Meteomatics do after being duly contacted about a defect?

As soon as for Meteomatics possible, Meteomatics will attempt to diagnose and resolve the reported issue by telephone, e-mail or online chat.

If a problem cannot be resolved over the telephone, e-mail or online chat Customer may be required to deliver the Equipment to Meteomatics for further examination. At the discretion of Meteomatics, Meteomatics will arrange for repair or replacement service at no cost if the problem is covered by the warranty of Meteomatics according to these Policies. In the event that repair or replacement is not a viable or proportionate solution, Meteomatics reserves the right to provide alternative Equipment (a replacement system) at a reduced price, at its own discretion.

Customer notes that only Meteomatics or its Affiliates are allowed to conduct repair work on the Equipment. If Customer, its Affiliates or third parties conduct repair work, the warranty of Meteomatics expires. 

If a defect is not reported properly or if there is no warranty for this defect, Meteomatics will send the customer an offer to remedy the defect. The customer then decides whether the repair should be carried out or not. Meteomatics shall be fully indemnified for expenses incurred up to this point.

5 What is NOT Covered by these Policies (What is not warranted by Meteomatics)?

This Policies do not cover the following:

• Crashes or fire damage caused by non-manufacturing factors, including but not limited to pilot errors.

• Damage caused by modification, disassembly, or shell opening not in accordance with official instructions or manuals and/or not authorized by Meteomatics.

• Damage caused by improper installation, incorrect use, or operation not in accordance with official instructions or manuals or during training not authorised by Meteomatics.

• Damage caused by a service provider non-authorised by Meteomatics.

• Damage caused by modification of circuits not authorised by Meteomatics and mismatch or misuse of the battery and charger.

• Damage caused by flights which did not follow instruction manual recommendations of Meteomatics or its Affiliates.

• Damage caused by operation/usage of the Equipment in bad weather (i.e. strong winds, rain, sand/dust storms, etc.).

• Damage caused by operating the/usage of the Equipment in an environment with electromagnetic interference (i.e. in mining areas or close to radio transmission towers, high-voltage wires, substations, etc.).

• Damage caused by operating the/usage of the Equipment in an environment suffering from interference from other wireless devices (i.e. transmitter, video-downlink, Wi-Fi signals, etc.).

• Damage caused by operating the/usage of the Equipment at a weight greater than the safe take-off weight, as specified by instruction manuals.

• Damage caused by a forced flight when components have aged or been damaged.

• Damage on the Equipment when using unauthorised third-party parts.

• Loss of, or damage to, data by Equipment.

• Damages on and/or caused by any software programs, whether provided with the Equipment or installed subsequently.

• Failure of, or damage caused by, any third-party products, including those that Meteomatics may provide or integrate into the Equipment at Customers request.

• Damage resulting from any non-Meteomatics technical or other support, such as assistance with “how-to” questions or inaccurate Equipment set-up and installation.

• Equipment or parts with an altered identification label or from which the identification label has been removed.

• Damages due to insufficient maintenance and/or cleaning of the Equipment.

6 Limitation of liability

When receiving warranty service, Meteomatics is responsible for loss or damage to Customers Equipment only while it is in Meteomatics’ possession. In case Meteomatics is also responsible for transportation – this is subject to a specific agreement – the responsibility for loss or damage during transit will be borne by Meteomatics. 

In any case Meteomatics is not responsible for loss or disclosure of any data, including Confidential Information, proprietary information, or personal information, contained in an Equipment. 

Under no circumstances and regardless of the legal title shall Meteomatics, its Affiliates, suppliers, resellers, or service providers be liable for any of the following cases

1. third party claims against Customer or its Affiliates for damages;
2. loss, damage or disclosure of your data;
3. special, incidental, punitive, indirect or consequential damages, including but not limited to lost profits, lost business revenue, lost goodwill, lost anticipated savings, loss of use, loss of opportunity, damages caused by Force Majeure).

In no case (except in the instance of gross negligence or wilful misconduct of Meteomatics) shall the total liability of Meteomatics, its Affiliates, suppliers, resellers, or service providers exceed the amount paid for the Equipment.. In case the Equipment is leased to Customer, the liability of Meteomatics is limited to the amount so far paid to Meteomatics under said lease agreement.

The liability for acts of auxiliary person (Hilfspersonen) is fully excluded for all and any cases.

7 Limitation of warranty

To the extent permitted by law, except as expressly provided in this limited warranty, Meteomatics disclaims all warranties of any kind, whether statutory, express, or implied, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Meteomatics and its Affiliates do not warrant, except as expressly provided in Meteomatics limited warranty, that the Equipment, Equipment accessories, or any portion of the Equipment, or any materials, will be uninterrupted, secure, or free of errors, viruses, or other harmful components.

Should such warranties be unable to be disclaimed, Meteomatics limits the duration and remedies of such warranties to the duration of this express warranty, and, at Meteomatics’ discretion, the repair or replacement services provided in this limited warranty.