EZDrone Legal Disclaimer
Limits Of Responsibility: We accept no responsibility for crash damage. It is impossible to determine for certain whether crash damage was the result of a radio system failure or pilot error. We accept no responsibility for crash damage occurring during the use of a radio-controlled model. We accept no responsibility for improper installation of our products. Electrical polarity MUST be properly observed in hooking up electrical components. Fuses must be used with all electrical components where indicated (example: speed controllers).
Disclaimer and Limitation of Liability as to Products Sold
All EZDrone products are guaranteed against defects for the period of 30 days. EXCEPT AS EXPRESSLY STATED HEREIN, EZDrone makes no representations or warranties, either express or implied, of any kind with respect to products sold on the EZDrone.com site. EXCEPT AS EXPRESSLY STATED HEREIN, EZDrone expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. By placing an order, you agree that the sole and exclusive maximum liability to EZDrone arising from any product sold on the EZDrone.com sites shall be the price of the product ordered. In no event shall EZDrone.com, its directors, officers, employees and representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Except in respect of death or personal injury caused by EZDrone’s negligence, under no circumstances whatsoever shall EZDrone be liable to the buyer for any loss or damage whatsoever (including but not limited to loss of profit or the loss of any other form of financial or non-financial benefit; loss of use of or damage to any property; work stoppage; any special, indirect, incidental or consequential loss or damage; costs; expenses; and other claims for compensation), arising out of or in connection with the sale of any EZDrone product (including any misrepresentation (unless fraudulent); any breach of an implied or express warranty, condition or other term; or any breach of a common law duty), in an amount exceeding the price of the EZDrone product giving rise to the claim, except as expressly agreed in writing by EZDrone.
EZDrone Inc Repair Terms and Conditions
Owner (as identified in the Work Authorization) hereby represents to EZDrone Inc. (“EZD”) that if either owns the aircraft described in the Work Authorization (the “Aircraft”) or is the authorized by the owner of such aircraft to enter into the Work Authorization.
2. Scope of Services, Rates.
(a) EZD shall accomplish the maintenance services requested by Customer of the Work Authorization and as otherwise authorized by Owner and accepted by EZD (the “Services”). EZD shall have the right to subcontract to other qualified repair or overhaul facilities the performance of part or all of the Services.
(b) The rates and charges for labor and parts provided by EZD and by third party suppliers shall be set forth in, as applicable, the Work Authorization, any supplemental Work Authorization Form signed by parties, or as otherwise agreed. Absent a specific agreement establishing the amounts of rates and charges, EZD and Owner agree that such amounts shall be equal to EZD’s standard rates and charges.
3. Delivery: Unavoidable Delays.
(a) Unless otherwise provided in the Work Authorization, the execution of the Work Authorization shall evidence the delivery of the Aircraft by Owner to EZD for the performance of the Services (the “Delivery”).
(b) At the Delivery of the Aircraft to EZD, Owner shall provide to RJM complete and accurate information, specifications and documents relevant to the Aircraft as requested by EZD, including, without limitation, log books and maintenance records.
(c) EZD shall not be liable for delay or failure in the performance, in whole or part, of the Services if such failure is caused by public enemy fire, flood, strikes, or other labor disputes (whether at EZD’s facility or elsewhere), riots, insurrection, war, governmental orders or actions, failure of transportation, delays occasioned by suppliers or subcontractors, or any other cause beyond the control of EZD not specifically mentioned herein.
4. Payment: Redelivery: Abandonment.
(a) Owner shall make full payment to EZD in United States Dollars, of all amounts owing by owner as a result of the performance of the Services.
(b) Unless RJM and Owner expressly agree otherwise
in the Work Authorization, all amounts owing by Owner to RJM
shall be due and payable upon the completion of the Services and a
condition of the redelivery of the Aircraft to Owner.
(c) Owner shall be obligated to schedule redelivery no more than 30 days from completion of work
(d) Owner shall be obligated to pay interest on all amounts (i) not paid when due at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum). (ii) left at EZD over 30 days.
(e) Owner shall not leave completed Work Authorizations over 90 days or the Work Authorization will be considered abandoned by EZD. EZD assumes responsibility to sell or dispose of aircraft to recover amounts owed by Owner to EZD.
5. Limited Exclusive Warranty and Waiver of Damages.
(a) EZD hereby warrants that the Services performed pursuant to this Agreement shall be free of defects in workmanship for a period of sixty (30) days after the redelivery of the Aircraft by EZD to Owner.
(b) The foregoing warranty (the “Limited Warranty”) is confined only to the workmanship of EZD, and does not extend to a warranty of the quality or fitness of any parts, components or equipment manufactured by any entity other than EZD, in regard to such parts, its sole and exclusive remedy and right to recovery shall be against the subject manufacturer or supplier.
(c) The Limited Warranty provided above by EZD is conditioned upon (i) Owner providing to EZD (at the address first set for the forth above, attention: Manager) written notice specifying the purported defect in workmanship; and (ii) Owner, within thirty (30) days after providing such written notice EZD, delivering the Aircraft (or the pertinent portion thereof) to EZD for correction of the purported defect in workmanship.
(d) Warranty claims shall be excluded when the Aircraft has been exposed or subjected to any of the following (i) any maintenance, repair, installation, storage, operation, or the use which is improper or otherwise not in compliance with the manufacturer’s instructions; (ii) any alteration, modification or repair by anyone other than EZD without EZD’s prior written consent, which shall not be unreasonably withheld; or (iii) any accident, foreign object damage, misuse, improper storage, neglect, or negligence after the redelivery of the Aircraft to Owner.
(c) THE WARRANTIES, OBLIGATIONS AND LIBILITIES OF RJM AND REMEDIES OF OWNER SET FORTH IN THIS SECTION ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND OTHER WARRANTIES, OBLIGATIONS, LIBILITIES, RIGHTS, CLAIMS AND REMEDIES, EXPRESS OR IMPLIED WITH RESPECT TO ANY NON-CONFORMANCE OR DEFECT IN THE AIRCRAFT, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS AND (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE PERFORMANCE OR COURSE OF DEALING OR USAGE OF TRADE.
(b) Unless EZD and Owner expressly agree otherwise
in the Work Authorization, all amounts owing by Owner to EZD
shall be due and payable upon the completion of the Services and a
condition of the redelivery of the Aircraft to Owner. 6. Controlling Law: Jurisdiction: Attorney’s Fees.
(c) EZD shall have the option of allowing Owner to
take such redelivery prior to Owner making full payment for the (a) The rights of the parties pursuant to the Work
Services; provided, however, that the Owner’s right to delay making full payment until after redelivery is conditioned upon (i) EZD expressly agreeing in the Work Authorization to allow such delayed payment and (ii) the agreement that under no circumstances shall full payment be delayed beyond (10) days after the redelivery of the Aircraft, EZD may file a lawsuit against the Owner to ensure the fulfillment of the Owner’s repayment obligations.
Authorization shall be governed by the Laws of the State of California.
(b) Any suit, action or proceeding brought by EZD or by Owner arising out of or relating to the Services shall be brought exclusively in either the courts of the State of California, County of San Diego, or the United States District Court Southern District of California entitled to an award of its reasonable attorney’s fees and expenses incurred in connection therewith.